Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Act 2024
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Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Act 2024
Public Act |
2024 No 18 |
|
Date of assent |
4 June 2024 |
|
Commencement |
see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Act 2024.
2 Commencement
This Act comes into force 3 months after Royal assent.
3 Principal Act
This Act amends the Child Protection (Child Sex Offender Government Agency Registration) Act 2016.
Part 1 Amendments relating to overseas travel reporting
4 Section 21 amended (Travel plans to be reported)
(1)
In section 21(1), after “travel away from his or her registered residential address”
, insert “(see subsection (6))”
.
(2)
Replace section 21(4)(a) to (c) with:
Date offender intends to travel out of New Zealand
(a)
the date on which the offender intends to travel out of New Zealand:
Offender intends to return to New Zealand
(b)
if the offender intends to return to New Zealand,—
(i)
the date on which the offender intends to return; and
(ii)
the name of each country that the offender intends to travel to, and remain in for more than 48 hours; and
(iii)
for each of those countries, the specified details (see subsection (6)):
Offender does not intend to return to New Zealand
(c)
if the offender does not intend to return to New Zealand,—
(i)
a statement of that intention; and
(ii)
the name of the country that the offender intends to generally reside in after leaving New Zealand.
(3)
Replace section 21(6) with:
(6)
In this section,—
specified details, for the purposes of subsection (4)(b)(iii), in relation to a registrable offender, means—
(a)
each address at which the registrable offender intends to stay; and
(b)
the date on which the offender intends to arrive in the country; and
(c)
the date on which the offender intends to travel out of the country
travel away from his or her registered residential address, for the purposes of subsection (1), in relation to a registrable offender, includes travel between registered residential addresses.
5 Section 43 amended (Information sharing between government agencies in interest of public safety)
Replace section 43(1) with:
(1)
A specified agency may disclose personal information about a registrable offender or a corresponding registrable offender (whether or not that information is in the register) to another specified agency for 1 or more of the purposes listed in subsection (1A).
(1A)
The purposes are the following:
(a)
monitoring the whereabouts of the offender:
(b)
verifying personal information reported by the offender:
(c)
managing the risk that the offender may commit further sexual offences against children:
(d)
managing any risk or threat to public safety.
Part 2 Amendment to Schedule 1
6 Schedule 1 amended
In Schedule 1,—
(a)
insert the Part set out in the Schedule of this Act as the last Part; and
(b)
make all necessary consequential amendments.
Schedule New Part 2 of Schedule 1 inserted
Part 2 Provisions relating to Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Act 2024
13 Interpretation
In this Part,—
amendment Act means the Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Act 2024
commencement means the commencement of the amendment Act
specified registrable offender means a person—
Offending before 14 October 2016
(a)
to whom clause 1 or 5 applies in respect of a qualifying offence, or a corresponding offence in a foreign jurisdiction, committed before 14 October 2016; or
Offending on or after 14 October 2016 and before commencement
(b)
who is a registrable offender, or a corresponding registrable offender, in respect of a qualifying offence, or a corresponding offence in a foreign jurisdiction, committed on or after 14 October 2016 and before commencement; or
Offending on or after commencement
(c)
who is a registrable offender, or a corresponding registrable offender, in respect of a qualifying offence, or a corresponding offence in a foreign jurisdiction, committed on or after commencement.
14 Application of amendments about overseas travel reporting requirements
On or after commencement, section 21(4) (as amended by the amendment Act) applies only to a specified registrable offender who intends to travel out of New Zealand for more than 48 hours.
15 Application of amendments about information sharing between government agencies in interest of public safety
On or after commencement, section 43(1) and (1A) (as inserted by the amendment Act) only authorises a specified agency to disclose personal information about a specified registrable offender (whether or not that information is in the register) to another specified agency.
16 Clauses 14 and 15 override any inconsistent other law
(1)
The following clauses have effect, despite any other law if, or to the extent that, the other law is inconsistent with them:
(a)
clause 14:
(b)
clause 15.
(2)
In particular, any other law, for the purposes of subclause (1), includes any law in all or any of the following:
(a)
section 6(1) and (2) of the Sentencing Act 2002:
(b)
sections 25(g) and 26(2) of the New Zealand Bill of Rights Act 1990:
(c)
D (SC 31/2019) v New Zealand Police [2021] NZSC 2.
Legislative history
21 October 2021 |
Introduction (Bill 90–1) |
|
3 August 2022 |
First reading and referral to Justice Committee |
|
22 March 2024 |
Reported from Justice Committee (Bill 90–2) |
|
10 April 2024 |
Second reading |
|
8 May 2024 |
Committee of the whole House |
|
29 May 2024 |
Third reading |
|
4 June 2024 |
Royal assent |
This Act is administered by the New Zealand Police.
Versions
Child Protection (Child Sex Offender Government Agency Registration) (Overseas Travel Reporting) Amendment Act 2024
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