Victorian Numbered Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION AMENDMENT ACT 2019 (NO. 25 OF 2019) - SECT 37

Before Part 6 of the Sex Offenders Registration Act 2004 insert —

" Part 5C—Approval of making of acknowledgement of sex applications—registrable offenders

        70Q     Offence to make acknowledgement of sex application without approval

    (1)     A registrable offender must not make an acknowledgement of sex application to a Registrar without having first obtained the written approval of the Chief Commissioner of Police.

Penalty:     5 penalty units.

    (2)     A person must not make an acknowledgement of sex application to a Registrar on behalf of a registrable offender unless the written approval of the Chief Commissioner of Police is first obtained.

Penalty:     5 penalty units.

        70R     Application by registrable offender or other person for approval of Chief Commissioner of Police

A registrable offender or other person who intends to make an acknowledgement of sex application may apply to the Chief Commissioner of Police for approval of the making of the acknowledgement of sex application by the registrable offender or the person.

        70S     Approval by Chief Commissioner of Police of the making of acknowledgement of sex application

    (1)     Subject to subsection (2), on an application under section 70R, the Chief Commissioner of Police may approve the making of an acknowledgement of sex application if the Chief Commissioner of Police is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex is, in all the circumstances, necessary or reasonable.

    (2)     The Chief Commissioner of Police must not approve the making of an acknowledgement of sex application if the Chief Commissioner of Police is satisfied that the alteration of the record of sex or the issuing of a document acknowledging name and sex would be reasonably likely—

        (a)     to be regarded as offensive by a victim of crime or an appreciable sector of the community; or

        (b)     to frustrate the administration of this Act in respect of the registrable offender.

        70T     Copy of approval or refusal of Chief Commissioner of Police

    (1)     If the Chief Commissioner of Police approves the making of an acknowledgement of sex application, the Chief Commissioner of Police as soon as practicable must give a copy of the approval to—

        (a)     the person who sought the approval; and

        (b)     the Victorian Registrar.

    (2)     If the Chief Commissioner of Police refuses to approve the making of an acknowledgement of sex application the Chief Commissioner of Police must give a copy of that refusal to—

        (a)     the person who sought the approval; and

        (b)     the Secretary.

Note

See section 70I for information shared between the Secretary or the Chief Commissioner of Police and the Victorian Registrar.

        70U     Lapse of application where registrable offender ceases to be a registrable offender

An acknowledgement of sex application by or on behalf of a registrable offender lapses if—

        (a)     the registrable offender ceases to be a registrable offender; and

        (b)     the Victorian Registrar has not registered the alteration of the record of sex or issued the document acknowledging name and sex before the registrable offender ceases to be a registrable offender.

        70V     Registrable offender who is also subject to a supervision or detention order

    (1)     This section applies to a registrable offender who is also subject to a supervision order, an interim supervision order, a detention order, an interim detention order or an emergency detention order within the meaning of the Serious Offenders Act 2018 .

    (2)     Despite this Part, an application by or on behalf of a registrable offender to whom this section applies for the appropriate approval to make an acknowledgement of sex application must be made under and in accordance with Part 17A of the Serious Offenders Act 2018 .

        70W     Registrable offender who is also a prisoner on parole

Despite this Part, an application for the appropriate approval to make an acknowledgement of sex application by or on behalf of a registrable offender who is also a prisoner on parole within the meaning of Division 6A of Part 8 of the Corrections Act 1986 must be made in accordance with Division 6A of Part 8 of the Corrections Act 1986 .".

Part 4—Repeal of this Act