PENALTIES AND SENTENCES ACT 1992 - SECT 161U
Conditions
PENALTIES AND SENTENCES ACT 1992 - SECT 161U
Conditions
161U Conditions
(1) A control order for an offender may impose—
(a) the conditions the court
considers appropriate to protect the public by preventing, restricting or
disrupting the offender’s involvement in serious criminal activity; and
(b)
the conditions the court considers necessary to enforce the order.
Example—
a condition requiring the offender to advise a law enforcement officer if the
offender changes address
(2) Without limiting subsection (1) (a) , a
condition may—
(a) prohibit the offender from—
(i) associating with a
stated person or a person of a stated class, including a person with whom the
offender has a personal relationship; or
(ii) entering or being in the
vicinity of a stated place or a place of a stated class; or
(iii) acquiring
or possessing a stated thing or a thing of a stated class; or
(b) restrict
the means by which the offender communicates with other persons; or
(c)
require the offender—
(i) to give a police officer or another stated person
stated information by a stated time or at stated intervals; or
(ii) to attend
before a police officer or another stated person by a stated time or at stated
intervals.
Example—
attending before the officer in charge of a stated
police station at weekly intervals
(3) The control order must require the
offender, within 24 hours after the order takes effect, to deliver to the
commissioner’s custody at a stated police station anything the offender is
prohibited from possessing under the order unless the offender has lawfully
disposed of possession of the thing before the end of that period.
(4) Also,
if the control order requires the person to give stated information, the order
must require the information to be given in writing.
(5) Before imposing a
condition mentioned in subsection (2) (a) (i) prohibiting the offender from
associating with another person with whom the offender has a personal
relationship, the court must consider the effect of the condition on the
relationship and whether the prohibition should relate only to a particular
class of activity or relate to activities generally.
(6) If the control order
is made for the offender under section 161X, the order may not impose a
condition other than a condition mentioned in subsection (1) (b) or (2) (a)
(i) or (ii) or (b).
(7) The control order may not require the offender to—