Criminal Code Act 1995
Section 3
CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES Division 271A - Overseas travel by certain registered offenders
View history note
Hide history noteA 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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