Community protection offender reporting act

In this Act, unless the context otherwise requires – approved place means a place approved by the Registrar under section 20 ;

authorised person means a police officer of a class prescribed by the regulations;

child means a person who is under 18 years of age;

Class 1 offence has the meaning given to that term in section 13 ;

Class 2 offence has the meaning given to that term in section 14 ;

Class 3 offence has the meaning given to that term in section 15 ;

Commissioner means the person holding or acting in the office of Commissioner of Police under the Police Service Act 2003 ;

community order means – (a) a community service order or probation order made under the Sentencing Act 1997 ; or

(b) a community service order or probation order made under the Youth Justice Act 1997 ;

community protection order has the meaning given to that term in section 3A ;

corresponding Act means a law of a foreign jurisdiction that – (a) provides for people who have committed specified offences to report in that jurisdiction information about themselves and to keep that information current for a specified period; and

(b) is prescribed by the regulations to be a corresponding Act for the purposes of this Act;

corresponding offender reporting order means an order made under a corresponding Act that falls within a class of orders that are prescribed by the regulations to be corresponding offender reporting orders for the purposes of this Act;

corresponding registrar means the person whose functions under a corresponding Act most closely correspond to the functions of the Registrar under this Act;

corresponding reportable offence means an offence that is a reportable offence for the purposes of a corresponding Act but is not a reportable offence as referred to in section 12(a) , (b) or (c) ;

corresponding reportable offender has the meaning given to that term in section 11 ;

court includes a court (however described) of a foreign jurisdiction;

detainee means a person who is subject to a detention order under section 47 of the Youth Justice Act 1997 ;

existing controlled offender means a person who, as a result of having been sentenced for a reportable offence, is subject to a community order or parole or is under the supervision of a supervising authority immediately before the commencement of this Act and includes a person who was under similar supervision under the laws of a foreign jurisdiction and a person who was in government custody in respect of a reportable offence at that time;

foreign jurisdiction means a jurisdiction other than Tasmania (including jurisdictions outside Australia);

foreign witness-protection law means a law of a foreign jurisdiction that provides for the protection of witnesses;

government custody means – (a) custody as a prisoner or detainee or as a mentally impaired defendant where the order made under the Criminal Justice (Mental Impairment) Act 1999 requires the person to be detained in a secure mental health unit (or, in the case of an order made under Part 4 of that Act before 20 February 2006, detained in a special facility within the meaning of that Act as originally enacted) or to be kept in government custody; or

(b) custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a) ;

offender reporting order means an order made under section 6 , 7 or 9 and includes a corresponding offender reporting order;

parole means parole under an order made under the Corrections Act 1997 and includes parole under an equivalent order made under the laws of a foreign jurisdiction;

personal details means the information listed in section 17(1) ;

personal information means information about an individual whose identity is apparent or can reasonably be ascertained from the information;

prisoner has the meaning given to that term in the Corrections Act 1997 ;

public authority means – (a) a State Service Agency; or

(b) a council; or

(c) any other body, whether incorporated or not, that is established or continued for a public purpose under a written law and that, under the authority of a written law, performs a statutory function on behalf of the State;

Register means the Community Protection Offender Register established under section 43 ;

Registrar means a police officer appointed to that position under section 42 ;

reportable contact , in relation to a reportable offender's contact with a child, means the contact listed in section 17(4) ;

reportable offence has the meaning given to that term in section 12 ;

reportable offender has the meaning given to that term in section 5 ;

reporting obligations , in relation to a reportable offender, means the obligations imposed on him or her by Part 3 ;

reporting period means the period, as determined under Division 5 of Part 3 , during which a reportable offender must comply with his or her reporting obligations;

sentence includes – (a) an exercise of power under section 7 of the Sentencing Act 1997 ; and

(b) an exercise of power under section 47 of the Youth Justice Act 1997 ; and

(c) an order made under the Criminal Justice (Mental Impairment) Act 1999 ; and

(d) anything prescribed by the regulations to be a sentence for the purposes of this definition –

supervising authority , in relation to a class of reportable offenders, means the authority prescribed by the regulations as the supervising authority of that class of reportable offenders;