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SERIOUS OFFENDERS ACT 2018 (NO. 27 OF 2018) - SECT 36

Condition authorising Authority to give directions

    (1)     Subject to subsection (5), the court may impose a condition on a supervision order authorising the Authority to give directions to an offender in relation to the operation of any condition of a supervision order.

    (2)     Without limiting subsection (1), a condition imposed under that subsection may include—

        (a)     subject to subsection (3), a condition authorising the Authority to direct that an offender is to reside at a residential facility; or

        (b)     a condition prohibiting the Authority from giving a direction referred to in paragraph (a).

    (3)     A condition referred to in subsection (2)(a) may be imposed on a supervision order only if a court referred to in section 8(1)(a) has imposed on the offender a custodial sentence for a serious sex offence.

    (4)     If the court imposes a condition referred to in subsection (2)(a), the court may impose a condition authorising the Authority to give directions relating to any of the following—

        (a)     the times at which the offender must be at the residential facility;

        (b)     the circumstances under which the offender may leave the residential facility;

        (c)     the monitoring (including electronic monitoring) of the offender's compliance with a direction that the offender reside at the residential facility.

    (5)     The court may not authorise the Authority to direct that an offender reside at a residential treatment facility.

    (6)     Subsection (5) does not limit the court in otherwise imposing a condition authorising the Authority to give directions.

    (7)     It is a condition of a supervision order that the offender comply with any direction given under an authorisation referred to in this section.

Examples

1     A condition requiring the offender to comply with the directions of the Authority in relation to appropriate Internet access.

2     A condition requiring the offender to comply with the directions of the Authority in relation to drug or alcohol use.

3     A condition requiring the offender to comply with the directions of the Authority in relation to computers and other devices (within the meaning of section 232) in the possession of or under the control of the offender for the purpose of auditing by a supervision officer, a specified officer or a police officer.

4     A condition that the offender comply with all reasonable directions of the Authority in relation to the times at which the offender must be at the nominated place of residence in order to reduce any risk of contact with children.

5     A direction that the offender remain at the nominated place of residence between the hours of 7 a.m. and 10 a.m., Monday to Friday, unless otherwise directed by the Authority.

Note

See Part 11 in relation to directions by the Authority.



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