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Bail Act 1982
27AConduct agreements
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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
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(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
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(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.
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authorised person means:
(a) a police officer; and
(b) any other person or class of persons prescribed by the
Regulations.
health practitioner means a person registered under the Health
Practitioner Regulation National Law to practise in a health
profession (other than as a student).