Conditional release order: specified places
109A Conditional release order: specified places
If the offender’s suitability is indicated by the court under section 103(2), the chief executive officer may impose, on a conditional release order, an express condition that, while the order is in force, the offender must remain at a specified place, for specified periods.
A condition under subsection (1) —
cannot be imposed so as to result in the requirement being in force for a continuous period that exceeds 6 months;
cannot require an offender to remain at a place for periods that amount to less than 2 or more than 12 hours in any one day;
is to allow the offender to leave the specified place during a specified period —
to do community work as required under this Act; or
to obtain urgent medical or dental treatment for the offender; or
for the purpose of averting or minimising a serious risk of death or injury to the offender or to another person; or
to obey an order issued under a written law (such as a summons) requiring the offender’s presence elsewhere; or
to attend school, education or vocational training; or
for a purpose approved of by the officer supervising the offender; or
with the permission of the chief executive officer.
If the offender is authorised under subsection (2) to leave a specified place, the officer supervising the offender may give directions as to —
when the offender may leave; and
the period of the authorised absence; and
when the offender must return; and
the method of travel to be used by the offender during the absence; and
the manner in which the offender must report his or her whereabouts.
To ascertain whether or not the offender is complying with a condition under this section, the officer supervising the offender may, at any time —
enter or telephone a specified place; or
enter or telephone the offender’s place of employment or any other place where the offender is authorised or required to attend; or
question any person at any place referred to in paragraph (a) or (b).
A person who hinders a person exercising powers under subsection (4) commits an offence.
A person who fails to answer a question put pursuant to subsection (4)(c) or gives an answer that the person knows is false or misleading in a material particular, commits an offence.
[Section 109A inserted: No. 58 of 2004 s. 23.]
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