Northern Territory Numbered Acts

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SERIOUS SEX OFFENDERS ACT 2013 (NO 9 OF 2013) - SECT 108

Name changes

    (1)     A person commits an offence if:

    (a)     the person applies under a name registration Act to register a change of the name of a detainee or supervisee; and

    (b)     the Director of Correctional Services has not given written permission for the application to be made.

Maximum penalty:     50 penalty units or imprisonment for 6 months.

    (2)     An offence against subsection (1) is an offence of strict liability.

    (3)     In deciding whether to give the permission for subsection (1)(b), the Director must have regard to each of the following:

    (a)     as the paramount consideration – the need to protect:

        (i)     victims of serious sex offences committed, or likely to be committed, by the person; and

        (ii)     the victims' families; and

        (iii)     members of the community generally;

    (b)     as a secondary consideration – the rehabilitation, care and treatment of the detainee or supervisee.

    (4)     In considering the need for protection mentioned in subsection (3)(a), the Director must have regard to the following:

    (a)     whether the proposed name change could be used to further an unlawful activity or purpose;

    (b)     whether the proposed name change could be considered offensive to victims of serious sex offences committed by the detainee or supervisee or the victims' families.

    (5)     In this section:

"name registration Act" means the Births, Deaths and Marriages Registration Act or an Act of another jurisdiction that allows a person to register a change of his or her name.

Note for section 108

If a change of name is registered under the Births, Deaths and Marriages Registration Act without the permission of the Director of Correctional Services, the Director may direct the amendment be reversed (see section 27A of the Births, Deaths and Marriages Registration Act).



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