(1) A PSSO may contain
any of these additional requirements as the Board thinks fit —
(a) a
requirement relating to where the supervised offender must reside;
(b)
requirements relating to the protection of any victim of an offence committed
by the supervised offender from coming into contact with the offender;
(c) a
requirement that the supervised offender must wear an approved electronic
monitoring device;
(d) a
requirement that the supervised offender permit the installation of an
approved electronic monitoring device at the place where the offender resides;
(e) a
requirement that, if the CEO so directs, the supervised offender —
(i)
wear an approved electronic monitoring device; or
(ii)
permit the installation of an approved electronic
monitoring device at the place where the offender resides; or
(iii)
charge the approved electronic monitoring device so as to
ensure the device is at all times operational; or
(iv)
not enter 1 or more areas of the State stated in a
written notice given to the supervised offender by the CEO;
(f) a
requirement that the supervised offender must not leave Western Australia
except with and in accordance with the written permission of the CEO;
(g)
requirements to facilitate the supervised offender’s rehabilitation;
(h) a
curfew requirement that the supervised offender must remain at a specified
place for a specified period not exceeding 12 hours in any period of 24 hours;
(i)
a requirement that the supervised offender must not
frequent or visit a specified place or area;
(j)
prescribed requirements.
(2) A person on whom a
requirement is imposed under subsection (1)(c), (d), (e)(i), (ii) or (iii)
must comply with the requirement.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(3) A person on whom a
requirement is imposed under subsection (1)(e)(iv) must comply with the
requirement, unless the person has a reasonable excuse.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(4) Subsection (5)
applies if —
(a) the
supervised offender —
(i)
has been serving imprisonment for a family violence
offence (category A); and
(ii)
is bound by a family violence restraining order;
or
(b) the
supervised offender —
(i)
has been serving imprisonment for a family violence
offence (category B); and
(ii)
is a serial family violence offender.
(5) The Board must
impose a requirement under subsection (1)(c), (d) or (e), unless the Board is
satisfied there are exceptional circumstances.
[Section 74G inserted: No. 45 of 2016 s. 25;
amended: No. 13 of 2020 s. 18; No. 29 of 2020 s. 110; No. 30 of 2020 s. 36;
No. 28 of 2024 s. 53.]