27AConduct agreements

27A Conduct agreements (1) A conduct agreement may: (a) prohibit an accused person from associating, or being in company, with one or more specified persons; or (b) require an accused person to keep away from one or more specified persons or from persons of a specified class; or

Bail Act 1982 27 (c) prohibit an accused person from communicating in any way (directly or indirectly) with one or more specified persons, or with a person of a specified class; or (d) prohibit an accused person from being within a particular locality or area; or (e) prohibit an accused person from being outside a particular locality or area; or (ea) require an accused person to reside at a place that is declared by the Minister, by Gazette notice, to be supported bail accommodation; or (f) require an accused person to reside at a specified place; or (g) require the accused person to report at specified intervals at a police station or other place; or (h) prohibit an accused person from consuming alcohol or using a drug (other than a drug as prescribed for the person by a health practitioner); or (ha) require an accused person who is the subject of a prohibition mentioned in paragraph (h) to submit to testing by an authorised person to monitor compliance with the prohibition; or (i) prohibit an accused person from engaging in conduct of any other specified kind; or (iaa) for bail granted by an authorised member – require the accused person: destroy or otherwise interfere with, an approved police monitoring device; and (ii) to comply with the reasonable directions of a police officer in the use of the device; or (iab) for bail granted by a court – require the accused person: destroy or otherwise interfere with, an approved police monitoring device; and (ii) to comply with the reasonable directions of a police officer in the use of the device; or

Bail Act 1982 28 (ia) for bail granted by a court – require the accused person: destroy or otherwise interfere with, an approved monitoring device while on bail or the lesser period ordered by the court; and (ii) to allow the placing or installation in, and retrieval from, a specified place of anything necessary for the effective operation of the monitoring device; or (ib) for bail granted by a court – require the accused person: (i) to give a sample of the accused person's voice for use with an approved monitoring device; and (ii) to comply with the reasonable directions of a probation and parole officer or community youth justice officer in the use of the device for the effective monitoring of the accused person's activities while on bail; or (j) contain a combination of 2 or more of the above. (2) A conduct agreement operates (subject to its terms) throughout the period for which the accused person is on bail. (2A) A provision of a conduct agreement that aims to ensure compliance by the accused person with another provision of the agreement is an ancillary provision. Example for subsection (2A) A provision as mentioned in subsection (1)(g), (ha), (iaa), (iab), (ia) or (ib). (2B) The Regulations may make provision about a matter relating to an ancillary provision. (3) A conduct agreement may be subject to exceptions and qualifications stated in the agreement. Example A conduct agreement might permit the accused person to leave a particular locality, contrary to a prohibition under subsection (1)(e), with a particular permission or in specified circumstances. (4) Contravention of a provision of a conduct agreement is to be regarded as a breach of a condition of bail. (5) A court may excuse a contravention of a conduct agreement if satisfied that the accused person had a reasonable excuse for the contravention.