(1) Subject to
subsections (4) and (5), a reportable offender is a person whom a court, on or
after the commencement day, sentences for a reportable offence.
(2) A person is also a
reportable offender if —
(a) the
person was sentenced for a reportable offence before the commencement day and
is an existing controlled reportable offender in respect of that offence; or
(b) if
paragraph (a) does not apply, the person —
(i)
was sentenced before the commencement day for 2 or more
reportable offences; and
(ii)
at least one of those offences was committed within 8
years before that day.
(3) A person who is
—
(a) a
corresponding reportable offender; or
(b) a
New South Wales reportable offender,
is also a reportable
offender.
(4) Unless he or she
is a reportable offender because of subsection (3), a person is not a
reportable offender merely because he or she as a child committed a single
offence (including an offence under the laws of a foreign jurisdiction) that
falls within a class of offences that are prescribed by the regulations to be
offences for the purposes of this subsection.
(5) A person is also
not a reportable offender if he or she is receiving protection under a foreign
witness protection law specified by the regulations for the purposes of this
subsection, or who has the same status as such a person under an order made
under a corresponding Act specified by the regulations for the purposes of
this subsection.
(6) A person ceases to
be a reportable offender if —
(a) the
finding of guilt in respect of the only offence that makes the person a
reportable offender for the purposes of this Act is quashed or set aside by a
court; or
(b) the
person is a reportable offender only because he or she is subject to an
offender reporting order or past offender reporting order and that order is
quashed on appeal.
(7) For the purposes
of this section, it is irrelevant whether or not a person may lodge, or has
lodged, an appeal in respect of a finding of guilt, sentence or offender
reporting order or past offender reporting order.
(8) A reference to a
single offence in subsection (4) includes a reference to more than one offence
of the same kind arising from the same incident.