18 develop and publish directives dealing with the sentencing of persons after conviction of offences under the Act, and the provision of presentencing reports and information concerning the impact of the sexual offence on the complainant.29 A number of other sections contemplate the imposition of a sentence on a person convicted of contravening any of the provisions in chapters 2, 3 and 4 that creates an offence. The National Register for Sex Offenders, provided for in s 42, must contain particulars of the sentence imposed on an offender whose name falls to be included in the Register.30 Among the persons whose names must be included in the Register are those who are serving or have served a sentence of imprisonment as the result of a conviction for a sexual offence against a child or a person who is mentally disabled.31 [22] The Act thus expressly renders criminal the conduct described in the various sections in chapters 2, 3 and 4 thereof and contemplates the imposition of sentences on offenders. Its aim is the prosecution and sentencing of persons who commit these offences. This is not a matter of implication but is expressly stated in the Act. The difficulties raised by R v Forlee do not arise in this case. The issues [23] Against this background, the conclusion by the high court that the charge sheet did not disclose an offence was, on the face of it, incorrect. It undoubtedly disclosed an offence, unless the absence of a penalty in the Act itself, or elsewhere in other legislation, has the effect of displacing the clear language of these sections and rendering their statement that particular conduct is a criminal offence nugatory. That raises two separate 29 Section 66(2)(a)(viii). 30 Section 49(b)(iv). If the conviction and sentence took place in a foreign country the equivalent information must be included (s 49(c)). 31 Section 50(1)(a)(iii) read with s 50(2)(a)(i). See also s 55.

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