Community Protection (Offender Reporting) Regulations 2016
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Community Protection (Offender Reporting) Act 2005 .
25 January 2016C. Warner
Governor
By Her Excellency's Command,
M. T. (Rene) Hidding
Minister for Police and Emergency Management
These regulations may be cited as the Community Protection (Offender Reporting) Regulations 2016 .
These regulations take effect on 1 March 2016.
In these regulations –Act means the Community Protection (Offender Reporting) Act 2005 .
For the purpose of the definition of authorised person in section 3 of the Act, the following classes of police officers are prescribed:(a) police officers of or above the rank of inspector;(b) the police officer in charge of the police station at Currie, King Island;(c) the police officer in charge of the police station at Whitemark, Flinders Island;(d) police officers working under the direction or control of the Registrar.
For the purpose of the definition of corresponding Act in section 3 of the Act, the following laws of foreign jurisdictions are prescribed as corresponding Acts for the purposes of the Act:(a) Child Protection (Offenders Registration) Act 2000 of New South Wales;(b) Child Protection (Offender Reporting) Act 2004 of Queensland;(c) Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;(d) Community Protection (Offender Reporting) Act 2004 of Western Australia;(e) Sex Offenders Registration Act 2004 of Victoria;(f) Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory.
6. Corresponding offender reporting orders
For the purpose of the definition of corresponding offender reporting order in section 3 of the Act, the following classes of orders are prescribed as corresponding offender reporting orders for the purposes of the Act:(a) a child protection registration order under the Child Protection (Offenders Registration) Act 2000 of New South Wales;(b) an offender reporting order under the Child Protection (Offender Reporting) Act 2004 of Queensland;(c) an offender reporting order under the Child Protection (Offender Reporting and Registration) Act 2004 of the Northern Territory;(d) an offender reporting order under the Community Protection (Offender Reporting) Act 2004 of Western Australia;(e) a sex offender registration order under the Sex Offenders Registration Act 2004 of Victoria;(f) a child sex offender registration order under the Crimes (Child Sex Offenders) Act 2005 of the Australian Capital Territory.
For the purpose of the definition of sentence in section 3 of the Act, any order made under the Criminal Justice (Mental Impairment) Act 1999 is prescribed as a sentence.
For the purpose of the definition of supervising authority in section 3 of the Act, the authority specified in column 2 of the following table is prescribed as the supervising authority of the class of reportable offenders specified opposite in column 1 of the table:
Column 1
Column 2
Class of reportable offenders
Supervising authority
1.
A reportable offender who is detained in a special facility or in government custody by an order made under the Criminal Justice (Mental Impairment) Act 1999 and ceases to be in the special facility or in government custody
Chief Forensic Psychiatrist appointed under the Mental Health Act 2013
2.
A reportable offender who is a prisoner and ceases to be in government custody
Director of Corrective Services appointed under the Corrections Act 1997
3.
A reportable offender who is a detainee and ceases to be in government custody
Secretary of the responsible Department in relation to the Youth Justice Act 1997
9. Foreign witness-protection laws and corresponding Acts
(1) The following foreign witness-protection laws are specified for the purposes of section 40(2) of the Act:(a) Witness Protection Act 1994 of the Commonwealth;(b) Witness Protection Act 1995 of New South Wales;(c) Witness Protection Act 2000 of Queensland;(d) Witness Protection (Northern Territory) Act 2002 of the Northern Territory;(e) Witness Protection (Western Australia) Act 1996 of Western Australia;(f) Witness Protection Act 1991 of Victoria;(g) Witness Protection Act 1996 of the Australian Capital Territory;(h) Witness Protection Act 1996 of South Australia.(2) The corresponding Acts specified in regulation 5 are specified for the purposes of section 40(2) of the Act.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 3 February 2016
These regulations are administered in the Department of Police and Emergency Management.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations –(a) prescribe classes of police officers as authorised persons; and(b) prescribe laws of foreign jurisdictions as corresponding Acts; and(c) prescribe classes of orders as corresponding offender reporting orders; and(d) prescribe orders under the Criminal Justice (Mental Impairment) Act 1999 as sentences; and(e) prescribe authorities as the supervising authorities of classes of reportable offenders; and(f) specify foreign witness-protection laws and corresponding Acts for the purposes of section 40(2) of the Community Protection (Offender Reporting) Act 2005 ; and(g) are made consequentially on the repeal of the Community Protection (offender Reporting) Regulations 2006 under section 11 of the Subordinate Legislation Act 1992 .