Sex Offenders Registration (Amendment) Regulations 2004

Victorian Legislation Parliamentary Documents i Sex Offenders Registration (Amendment) Regulations 2004 S.R. No. 135/2004 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Definition revoked 1 5. New regulation 18 substituted 2 6. New Schedule substituted 2 ═══════════════ ENDNOTES 6 -- 1 of 7 -- Victorian Legislation Parliamentary Documents 1 STATUTORY RULES 2004 S.R. No. 135/2004 Sex Offenders Registration Act 2004 Sex Offenders Registration (Amendment) Regulations 2004 The Governor in Council makes the following Regulations: Dated: 3 November 2004 Responsible Minister: ANDRÉ HAERMEYER Minister for Police and Emergency Services DIANE CASEY Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Sex Offenders Registration Regulations 2004 to make further provision for supervising authorities. 2. Authorising provision These Regulations are made under section 75 of the Sex Offenders Registration Act 2004. 3. Principal Regulations In these Regulations, the Sex Offenders Registration Regulations 20041 are called the Principal Regulations. 4. Definition revoked In regulation 4 of the Principal Regulations, the definition of "supervising authority" is revoked. -- 2 of 7 -- Victorian Legislation Parliamentary Documents S.R. No. 135/2004 Sex Offenders Registration (Amendment) Regulations 2004 2 5. New regulation 18 substituted For regulation 18 of the Principal Regulations substitute— "18. Supervising authority (1) For the purpose of section 50(3) of the Act, the person or body that is required to give notice to a registrable offender is the supervising authority specified in column 2 of Table A in the Schedule for the class of offender specified in column 1 of the Table to which the registrable offender belongs. (2) For the purpose of section 53 of the Act, the person or body that is required to give notice to a registrable offender is the supervising authority specified in column 2 of Table B in the Schedule for the class of offender specified in column 1 of the Table to which the registrable offender belongs.". 6. New Schedule substituted For the Schedule to the Principal Regulations substitute— "SCHEDULE Regulation 18(1) SUPERVISING AUTHORITIES UNDER SECTION 50(3) OF THE ACT TABLE A Column 1 Class of offender Column 2 Authority 1. A registrable offender who is sentenced for a registrable offence by the Magistrates' Court of Victoria Magistrates' Court of Victoria r. 5 -- 3 of 7 -- Victorian Legislation Parliamentary Documents S.R. No. 135/2004 Sex Offenders Registration (Amendment) Regulations 2004 3 Column 1 Class of offender Column 2 Authority 2. A registrable offender who is sentenced for a registrable offence by the County Court of Victoria County Court of Victoria 3. A registrable offender who is sentenced for a registrable offence by the Supreme Court of Victoria Supreme Court of Victoria 4. A registrable offender who is sentenced by the Children's Court of Victoria Children's Court of Victoria 5. A registrable offender who is released from government custody and who is— (a) a forensic patient within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 in respect of whom a supervision order committing the person to custody in an appropriate place has been made under that Act; or (b) a detainee Secretary, Department of Human Services 6. A registrable offender who is released from government custody and who is not referred to in item 5 Secretary, Department of Justice 7. A registrable offender who enters Victoria, if he or she has not previously been given notice of his or her reporting obligations in Victoria The Chief Commissioner of Police 8. A registrable offender not referred to in items 1 to 7 Secretary, Department of Justice r. 6 -- 4 of 7 -- Victorian Legislation Parliamentary Documents S.R. No. 135/2004 Sex Offenders Registration (Amendment) Regulations 2004 4 Regulation 18(2) SUPERVISING AUTHORITIES UNDER SECTION 53 OF THE ACT TABLE B Column 1 Class of offender Column 2 Authority 1. A registrable offender who ceases to be in strict government custody or government custody and who is— (a) a forensic patient within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 in respect of whom a supervision order committing the person to custody in an appropriate place has been made under that Act; or (b) a detainee Secretary, Department of Human Services 2. A registrable offender who ceases to be in strict government custody or government custody and who is not referred to in item 1 Secretary, Department of Justice 3. A registrable offender who is an adult who ceases to be subject to a supervised sentence Secretary, Department of Justice 4. A registrable offender who is a child who ceases to be subject to a supervised sentence Secretary, Department of Human Services 5. A registrable offender who ceases to participate in a diversion program under section 128A of the Magistrates' Court Act 1989 Magistrates' Court of Victoria r. 6 -- 5 of 7 -- Victorian Legislation Parliamentary Documents S.R. No. 135/2004 Sex Offenders Registration (Amendment) Regulations 2004 5 Column 1 Class of offender Column 2 Authority 6. A registrable offender who ceases to be subject to a condition of parole requiring the person to be subject to supervision who is an adult (other than a person referred to in item 7) Secretary, Department of Justice 7. A registrable offender who ceases to be subject to a condition of parole requiring the person to be subject to supervision and is— (a) a child; or (b) an adult who is subject to the jurisdiction of the Youth Parole Board Secretary, Department of Human Services 8. A registrable offender who ceases to be an existing licensee Secretary, Department of Justice 9. A registrable offender who is not referred to in items 1 to 8 Secretary, Department of Justice .". ═══════════════ r. 6 -- 6 of 7 -- Victorian Legislation Parliamentary Documents S.R. No. 135/2004 Sex Offenders Registration (Amendment) Regulations 2004 6 ENDNOTES 1 Reg. 3: S.R. No. 121/2004. Endnotes -- 7 of 7 --