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SEX OFFENDERS REGISTRATION AMENDMENT REGULATIONS 2023 (SR NO 59 OF 2023) - REG 16

Schedule 3—Supervising authority

    (1)     In item 1 of the Table in Schedule 3 to the Principal Regulations, in Column 1, for "Secure Treatment Order within the meaning of the Mental Health Act 2014 " substitute "secure treatment order within the meaning of the Mental Health and Wellbeing Act 2022 ".

    (2)     In item 1 of the Table in Schedule 3 to the Principal Regulations, in Column 2 omit "and Human Services".

    (3)     For item 2 of the Table in Schedule 3 to the Principal Regulations substitute —

"2.     A registrable offender who ceases to be in government custody and who is a forensic resident under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 who is not under a grant of extended leave under section 57 of that Act

Secretary to the Department of Families, Fairness and Housing

2A.     A registrable offender who ceases to be in government custody and who is a detainee

Secretary".

    (4)     In item 4 of the Table in Schedule 3 to the Principal Regulations, in Column 1, for "on item 1, 2 or 3" substitute "in item 1, 2, 2A or 3".

    (5)     In item 6 of the Table in Schedule 3 to the Principal Regulations, in Column 1,     after "paragraph (a)" insert "or (b)".

    (6)     Item 7 of the Table in Schedule 3 to the Principal Regulations is revoked .

    (7)     In item 8 of the Table in Schedule 3 to the Principal Regulations, in Column 2, for "Secretary to the Department of Health and Human Services" substitute —

"If the Secretary to the Department of Families, Fairness and Housing is the person who has supervision of the registrable offender under the non-custodial supervision order immediately before the registrable offender ceases to be subject to that order—Secretary to the Department of Families, Fairness and Housing

If the Secretary to the Department of Health is the person who has supervision of the registrable offender under the non-custodial supervision order immediately before the registrable offender ceases to be subject to that order—Secretary to the Department of Health".

    (8)     In item 11 of the Table in Schedule 3 to the Principal Regulations, in Column 2 omit "to the Department of Health and Human Services".

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