Page:Criminal Law (Sexual Offences and Related Matters) Amendment Act Amendment Act 2015.pdf/6

10No. 38977

Act No. 5 of 2015

before the implementation of this Chapter, may, at any time before the expiration of the periods referred to in subsection (1), apply to a court for an order that his or her particulars must be removed from the Register by—

addressing the court on the reasons for such application and showing good cause why it is unlikely that he or she will commit another sexual offence against a child or a person who is mentally disabled, as the case may be; and

submitting to the court an affidavit by him or her stating that no charge relating to a sexual offence against a child or a person who is mentally disabled, as the case may be, is pending against him or her; or

after the implementation of this Chapter, may, at any time before the expiration of the periods referred to in subsection (1), apply to the court referred to in section 50(2)(c) for an order that his or her particulars must be removed from the Register by—

addressing the court on the reasons for such application and showing good cause why it is unlikely that he or she will commit another sexual offence against a child or a person who is mentally disabled, as the case may be; and

submitting to the court an affidavit by him or her stating that no charge relating to a sexual offence against a child or a person who is mentally disabled, as the case may be, is pending against him or her. ”.

Amendment of section 56 of Act 32 of 2007

9. Section 56 of the principal Act is hereby amended by the deletion in subsection (2) of paragraph (b).

Substitution of section 67 of Act 32 of 2007

10. The following section is hereby substituted for section 67 of the principal Act:

“Regulations

67. (1) The Minister, after consultation with the cabinet members responsible for safety and security, correctional services, social development and health and the National Director of Public Prosecutions, may make regulations regarding—

any matter which is required or permitted by this Act to be prescribed by regulation;

the inter-sectoral implementation of this Act; and

any other matter which is necessary or expedient to be prescribed in order to achieve or promote the objects of this Act.

(2) The Minister may make regulations regarding the procedure to be followed in respect of the applications referred to in section 51(2A) of this Act. ”.

Insertion of section 69A in Act 32 of 2007

11. The following section is hereby inserted in the principal Act after section 69: