(1) If the
Commissioner reasonably believes that a person charged with or convicted of a
Class 1 offence or a Class 2 offence is —
(a) a
person in respect of whom the CEO may ask for information under
section 34; or
(b) a
person who carries out child-related work,
the Commissioner may
give the CEO notice of —
(c) the
person’s name and address;
(d) the
person’s date of birth;
(e) the
offence with which the person has been charged or of which the person has been
convicted;
(f) the
details of the offence; and
(g) the
date of the charge or conviction.
(2) The Commissioner
may give notice under subsection (1) despite another Act or law.
(3) If the CEO is
satisfied that there are reasonable grounds for believing that a person in
respect of whom the CEO has been given notice under subsection (1) or
information under section 34 —
(a)
carries out child-related work; and
(b) has
been charged with or convicted of a Class 1 offence or a Class 2 offence,
being a charge or conviction of which the CEO was not previously aware,
the CEO may give the
person a written notice requiring the person to apply, within 10 days
after the date of the notice, for an assessment notice.
(4)
Subsection (3) applies to a person whether or not the person has a
current assessment notice.
(5) A person must
comply with a notice given to the person under subsection (3) within the
period referred to in that subsection.
Penalty: a fine of $1 000.
(6) It is a defence to
a charge of an offence under subsection (5) to prove that, at the time
the offence is alleged to have been committed, the person was not carrying out
child-related work.