Passports Legislation Amendment (Overseas Travel by Child Sex Offenders) Act 2017 (73 of 2017)

Schedule 1   Amendments

Criminal Code Act 1995

13   After Division 271 of the Criminal Code

Insert:

Division 271A - Overseas travel by certain registered offenders

271A.1 Restrictions on overseas travel by certain registered offenders

(1) A person commits an offence if:

(a) the person is an Australian citizen; and

(b) the person's name is entered on a child protection offender register (however described) of a State or Territory; and

(c) the person has reporting obligations (however described) in connection with that entry on the register; and

(d) the person leaves Australia.

Penalty: Imprisonment for 5 years.

(2) Absolute liability applies to paragraph (1)(a).

Note: For absolute liability, see section 6.2.

(3) Subsection (1) does not apply if:

(a) a competent authority (within the meaning of section 12 of the Australian Passports Act 2005 or section 13 of the Foreign Passports (Law Enforcement and Security) Act 2005) has given permission (however described) for the person to leave Australia; or

(b) the reporting obligations of the person are suspended at the time the person leaves Australia.

Note: The defendant bears an evidential burden in relation to the matters in this subsection: see subsection 13.3(3).