Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 271A - Overseas travel by certain registered offenders  

SECTION 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) .




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