Child Protection (Offenders Registration) Act 2000 No 42
Division 8 Offences
17 Offence of failing to comply with reporting obligations
(1) A registrable person must not fail to comply with any of the person’s reporting obligations without reasonable excuse.Maximum penalty—500 penalty units or imprisonment for 5 years, or both.(2) In determining whether a registrable person had a reasonable excuse for failing to comply with the person’s reporting obligations, the court before which the proceedings are being heard is to have regard to the following matters—(a) the person’s age,(b) whether the person has a disability that affects the person’s ability to understand, or to comply with, those obligations,(b1) whether the form of the notification given to the person as to the person’s obligations was adequate to inform the person of those obligations, having regard to the person’s circumstances,(c) any matter prescribed by the regulations,(d) any other matter the court considers appropriate.(2A) In proceedings for an offence under this section, the onus of proving that a registrable person had a reasonable excuse lies with the person and must be proved on the balance of probabilities.(3) It is a defence to proceedings for an offence arising under this section if it is established by or on behalf of the registrable person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the person’s reporting obligations.
18 Offence of furnishing false or misleading information
A person must not, in purported compliance with this Part, furnish information that the person knows to be false or misleading in a material particular.Maximum penalty—500 penalty units or imprisonment for 5 years, or both.
18A Bar to prosecution for failing to report leaving New South Wales
(1) This section applies if a registrable person leaves New South Wales and is found guilty of failing to report his or her presence in a foreign jurisdiction as required by a corresponding Act.(2) The registrable person is not to be prosecuted for a failure to comply with section 17 in respect of the travel out of New South Wales.