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SEX OFFENDERS REGISTRATION ACT 2004 - SECT 23A

Circumstances for electronic reporting

    (1)     The Chief Commissioner of Police may direct or permit a registrable offender to make a report referred to in section 23(1) by audio link, audio visual link or electronic communication, if the Chief Commissioner of Police reasonably believes that—

        (a)     a relevant declaration is in force; and

        (b)     a related circumstance referred to in subsection (2) exists.

    (2)     For the purposes of subsection (1)(b), a related circumstance is any one of the following—

        (a)     for a pandemic declaration

              (i)     that the registrable offender resides or sleeps on a regular basis within an area to which the declaration applies; or

              (ii)     that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within an area to which the declaration applies; or

              (iii)     that the registrable offender is unable to make the report in person without contravening a pandemic order or a lawful direction given, or a requirement made, in the exercise of a pandemic management power or a public health risk power under the Public Health and Wellbeing Act 2008 ;

        (b)     for a declaration of a state of emergency

              (i)     that the registrable offender resides or sleeps on a regular basis within the emergency area in which the state of emergency exists; or

              (ii)     that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the emergency area in which the state of emergency exists;

        (c)     for a declaration of a state of disaster

              (i)     that the registrable offender resides or sleeps on a regular basis within the disaster area as defined in section 22(1) of the Emergency Management Act 1986 ; or

              (ii)     that the place at which the report is otherwise required to be made, being a police station or other place approved by the Chief Commissioner of Police, is within the disaster area as defined in section 22(1) of the Emergency Management Act 1986 .

    (3)     Only a police officer approved for the purpose by the Chief Commissioner of Police may receive a report made in accordance with a direction or permission purportedly given under subsection (1).

    (4)     Subject to subsections (5) and (6), a registrable offender to whom a direction is given in accordance with subsection (1) must comply with that direction.

    (5)     If a registrable offender to whom a direction or permission is given under subsection (1) is a child, any parent or guardian of the child, or, if neither a parent nor guardian is available, an independent person, may make the report on the registrable offender's behalf.

    (6)     If a registrable offender to whom a direction or permission is given under subsection (1) has a disability that renders it impossible or impracticable for the registrable offender to make the report, any parent, guardian, carer or other person nominated by the registrable offender may make the report on the registrable offender's behalf.

    (7)     It is sufficient compliance with a requirement for a registrable offender to make a report if the report is made in accordance with a direction or permission purportedly given under subsection (1).

    (8)     In this section—

"declaration of a state of disaster" means a declaration made under section 23 of the Emergency Management Act 1986 ;

"declaration of a state of emergency" means a declaration made under section 198 of the Public Health and Wellbeing Act 2008 ;

"pandemic declaration" means a declaration made under section 165AB of the Public Health and Wellbeing Act 2008 ;

"relevant declaration" means—

        (a)     a pandemic declaration; or

        (b)     a declaration of a state of emergency; or

        (c)     a declaration of a state of disaster.



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