Australian Capital Territory Repealed Acts

This legislation has been repealed.

REHABILITATION OF OFFENDERS (INTERIM) ACT 2001 (REPEALED) - SECT 10

    (1)     A home detention order must not be made for a sentenced offender or remandee in relation to an offence if—

        (a)     the sentenced offender has at any time been convicted, whether in or outside the ACT or Australia, of any of the following offences:

              (i)     murder, manslaughter or corresponding offence against a law outside the ACT or Australia;

              (ii)     sexual assault of an adult or child or a sexual offence involving a child; or

        (b)     the sentenced offender has at any time in the last 10 years been convicted, whether in or outside the ACT or Australia, of—

              (i)     an offence against the Crimes Act, section 35 (Stalking) or a corresponding offence against a law outside the ACT or Australia; or

              (ii)     an offence made up of conduct that is domestic violence under the Domestic Violence and Protection Orders Act 2001 , or would be domestic violence if the conduct happened in the ACT, directed at anyone with whom it is likely the person would live in the same household if the home detention order were made; or

        (c)     the sentenced offender or remandee is, or has at any time during the last 5 years been, subject to a final order under the Domestic Violence and Protection Orders Act 2001 (other than an order reversed or set aside on appeal) that restrains the offender or remandee from engaging in behaviour in relation to a person with whom it is likely the offender or remandee would live in the same household if the home detention order were made; or

        (d)     the sentenced offender or remandee has at any time been convicted of an offence prescribed by regulation; or

        (e)     a home detention order has previously been made for the sentenced offender or remandee in relation to the offence and the order has been revoked under part 2.4 (Revocation of home detention orders).

    (2)     Subsection (1) (e) does not apply if the home detention order is revoked for a reason other than a breach of the person's obligations under the order.

    (3)     An offence prescribed by regulation for subsection (1) (d) may include an offence against a law of the Commonwealth, a State, another Territory or a foreign country.