South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 99AA—Paedophile restraining orders
(1) Section 99AA(1)(a)
and (b)—delete paragraphs (a) and (b) and substitute:
(a) the
defendant—
(i)
is required to comply with the reporting obligations
imposed by Part 3 of the Child Sex Offenders Registration Act 2006 ;
or
(ii)
has been found—
(A) loitering near children; or
(B) using the internet to communicate with
children or persons whom the defendant believed to be children (other than
children or persons with whom the defendant has some good reason to
communicate),
on at least 2 occasions and there is reason to think that the defendant may,
unless restrained, again so loiter or so use the internet; and
(2) Section
99AA(2)—delete subsection (2) and substitute:
(2) A restraining
order under this section may restrain the defendant from 1 or more of the
following:
(a)
loitering—
(i)
near children at or in the vicinity of a specified place
or class of places or in specified circumstances; or
(ii)
near children in any circumstances;
(b)
using the internet or using the internet in a manner specified in the order;
(c)
owning, possessing or using a computer or other device that is capable of
being used to gain access to the internet.
(3) Section
99AA(3)(b)—delete "child sexual offence" and substitute:
sexual offence against a child
(4) Section
99AA(3)—after paragraph (e) insert:
(ea) any
apparent pattern in the defendant's use of the internet (if any) to contact
children;
(5) Section
99AA(4)—delete subsection (4) and substitute:
(4) For the purposes
of this section, a defendant "loiters near children if the defendant loiters,
without reasonable excuse, at or in the vicinity of a school, public toilet or
place at which children are regularly present, whether or not children are
actually present at the school, public toilet or place.