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JUSTICE LEGISLATION (FURTHER AMENDMENT) ACT 2006 (NO 79 OF 2006) - SECT 53

Definitions

    (1)     In section 3 of the Sex Offenders Registration Act 2004 , for the definition of "existing controlled registrable offender" substitute

' "existing controlled registrable offender" means a person who, as a result of having been sentenced for a registrable offence committed when he or she was 18 years of age or older, was immediately before 1 October 2004—

        (a)     an inmate; or

        (b)     a detainee; or

        (c)     a forensic patient detained in custody under a custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (d)     serving a sentence referred to in section 6C(1) of the Corrections Act 1986 ; or

        (e)     serving an order referred to in paragraph (a) of the definition of "community service order" in section 3; or

        (f)     serving an order referred to in paragraph (a) of the definition of "good behaviour bond" in section 3 under which the person is required to submit to strict supervision;

        (g)     serving a non-custodial supervision order within the meaning of the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 ; or

        (h)     in custody under a law of a foreign jurisdiction in the nature of custody referred to in paragraph (a), (b) or (c) or serving a sentence imposed or order made under the laws of a foreign jurisdiction that is equivalent to a sentence or order referred to in paragraph (d), (e), (f) or (g);'.

    (2)     In section 3 of the Sex Offenders Registration Act 2004 , for the definition of "supervising authority" substitute

' "supervising authority" means—

        (a)     the Secretary in relation to an offender serving—

              (i)     a sentence of imprisonment that was wholly or partly suspended and who is in the community in accordance with that sentence; or

              (ii)     an order referred to in paragraph (a) of the definition of "good behaviour bond" in section 3 under which the person is required to submit to strict supervision; and

        (b)     the entity deemed by the regulations for the purposes of this definition to have custody of, or to be responsible for supervising, the class of offender to which any other offender belongs.'.



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