Queensland Consolidated Acts

CHILD PROTECTION (OFFENDER REPORTING AND OFFENDER PROHIBITION ORDER) ACT 2004 - SECT 50

50 Failure to comply with reporting obligations

(1) A reportable offender must comply with the offender’s reporting obligations, unless the offender has a reasonable excuse.

Penalty—

Maximum penalty—300 penalty units or 5 years imprisonment.

(2) An offence against subsection (1) is a crime.

(3) When deciding whether a reportable offender has a reasonable excuse, the court must have regard to—

(a) the offender’s age; and

(b) whether the offender has a disability that affects the offender’s ability to understand, or to comply with, the obligations; and

(c) whether the form of notice given to the offender about the obligations was adequate to inform the offender of the obligations, having regard to the offender’s circumstances; and

(d) any matter specified by a regulation for the purposes of this section; and

(e) any other matter that the court considers is appropriate.

(4) It is a defence to proceedings for an offence of failing to comply with a reporting obligation if it is established by or on behalf of the person charged with the offence that, at the time the offence is alleged to have occurred, the person had not received notice, and was otherwise unaware, of the obligation.

(5) If a reportable offender is convicted of an offence against subsection (1) , the police commissioner may, by giving the offender a reporting obligations notice under section 54A (3) , require the offender to report the unreported information to the commissioner.

(6) The
"unreported information" is the personal details, change in personal details or other information the reportable offender was required to report under a reporting obligation the offender is convicted of failing to comply with.

(7) A reporting obligations notice mentioned in subsection (5) must state—

(a) the personal details, change in personal details or other information the offender is required to report; and

(b) the ways in which the offender is required to, or may, make the report; and

(c) that the offender must make the report—

(i) if the offender is sentenced to, and serves, a term of imprisonment for the offence—within 7 days after the offender is released from government detention for the offence; or

(ii) otherwise—within 7 days after being given the notice.

(8) Section 26 applies for making the report under subsection (5) as if the report were a periodic report.

(9) For subsection (1) , a reportable offender’s reporting obligations include complying with the requirement imposed on the offender under subsection (5) .