(b) if the registrable offender has been sentenced for more than one registrable offence in more than one court, to the court of the highest jurisdiction that imposed a sentence at first instance. (3) An application under subsection (1) must be made S. 39A(3) inserted by to the Magistrates' Court if the registrable No. 25/2017 offender— s. 12(2). (a) has been sentenced by the Children's Court for one or more registrable offences; and (b) has not been sentenced for a registrable offence by any other court; and (c) is of or over the age of 21 years at the time the application is made. (4) An application under subsection (1) that relates to S. 39A(4) inserted by a person who is a registrable offender because the No. 25/2017 person is a corresponding registrable offender or s. 12(2). a New South Wales registrable offender or was sentenced for an offence in a foreign jurisdiction must be made to— (a) the Supreme Court, if the person to whom the application relates is of or over the age of 18 years at the time the application is made; or (b) the Children's Court, if the person to whom the application relates is a child at the time the application is made. 39B How application is made S. 39B inserted by No. 25/2017 An application under section 39 or 39A is made s. 13. by filing with the relevant court referred to in that section a document in writing— (a) stating the grounds on which the application is made; and
(b) if the registrable offender has been sentenced for more than one registrable offence in more than one court, to the court of the highest jurisdiction that imposed a sentence at first instance. S. 39A(3) inserted by No. 25/2017 s. 12(2). (3) An application under subsection (1) must be made to the Magistrates' Court if the registrable offender— (a) has been sentenced by the Children's Court for one or more registrable offences; and (b) has not been sentenced for a registrable offence by any other court; and (c) is of or over the age of 21 years at the time the application is made. S. 39A(4) inserted by No. 25/2017 s. 12(2). (4) An application under subsection (1) that relates to a person who is a registrable offender because the person is a corresponding registrable offender or a New South Wales registrable offender or was sentenced for an offence in a foreign jurisdiction must be made to— (a) the Supreme Court, if the person to whom the application relates is of or over the age of 18 years at the time the application is made; or (b) the Children's Court, if the person to whom the application relates is a child at the time the application is made. S. 39B inserted by No. 25/2017 s. 13. 39B How application is made An application under section 39 or 39A is made by filing with the relevant court referred to in that section a document in writing— (a) stating the grounds on which the application is made; and
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