104Offender subject to Secretary's directions

104 Offender subject to Secretary's directions S. 104(1) amended by No. 45/1996 s. 17(Sch. 1 item 63(b)). (1) An offender is subject to the Secretary's directions while the offender is at a location, taking part in a community corrections programme or is being transferred from one location to another, from a location to a place where a community corrections programme is conducted, or from that place to a location. S. 104(2) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (2) The Secretary may, if not inconsistent with the correctional order relating to an offender, direct the offender to attend a location or to take part in a community corrections programme. S. 104(3) amended by No. 45/1996 s. 17(Sch. 1 item 63(a)). (3) An offender who disobeys a direction given by the Secretary under this section is guilty of an offence. Pt 9 Div. 6A (Heading and ss 104AAA, 104AAB inserted by No. 64/2017 s. 21. Division 6A—Removal of electronic monitoring devices and equipment S. 104AAA inserted by No. 64/2017 s. 21. 104AAA Who may remove electronic monitoring devices and equipment (1) This section applies if a requirement for electronic monitoring of an offender is attached to a condition of a community correction order and— (a) the condition is varied to remove the requirement; or (b) the condition is suspended or cancelled; or (c) the community correction order is cancelled or expires. (2) Subject to subsection (4), an officer may remove an electronic monitoring device worn by an offender referred to in subsection (1) as soon as practicable before or after the variation, suspension, cancellation or expiry. (3) Subject to subsection (4), an officer may remove any equipment used for the electronic monitoring at the place where the offender resides or that is in the possession of or on the person of the offender. (4) An officer referred to in paragraph (c), (d), (e) or (f) of the definition of ***officer*** in subsection (8) may take action under subsection (2) or (3) only on a direction given by the Secretary. (5) If practicable, before removing an electronic monitoring device or equipment used for the electronic monitoring of an offender an officer must inform the offender that— (a) the removal is to occur; and (b) the offender may consent to the removal; and (c) if consent is not given, reasonable force may be used— (i) to remove the device or equipment; and (ii) if the case requires, to enter a place where the offender resides in order to remove the device or equipment. (6) If an offender does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an officer may use reasonable force— (a) to remove the device or equipment from the offender; and (b) to enter a place where the offender resides in order to remove the device or equipment. (7) This section does not affect the power to remove an electronic monitoring device and equipment used for the electronic monitoring of the offender to monitor compliance with conditions imposed under section 48LA(8) of the **Sentencing Act 1991** or for a purpose referred to in section 48LA(8) of that Act. ***community correction order*** has the same meaning as in the **Sentencing Act 1991**; ***officer*** means any of the following— (a) a police officer; (b) a police custody officer; (c) a prison officer; (d) an escort officer employed under Part 4; (e) a community corrections officer; (f) an employee of the Department who is authorised under section 104AAB. S. 104AAB inserted by No. 64/2017 s. 21. 104AAB Commissioner may authorise employee to exercise powers of officer The Commissioner may, by instrument, authorise a specified employee of the Department, or an employee holding a specified position in the Department, to exercise the powers of an officer under section 104AAA. Pt 9 Div. 7 (Heading and s. 104AA) inserted by No. 41/2015 s. 43. Division 7—Sentencing Advisory Council to report on offenders subject to community correction orders S. 104AA inserted by No. 41/2015 s. 43. 104AA Annual report (1) This section applies to the Sentencing Advisory Council in addition to the functions conferred on it by the **Sentencing Act 1991**. (2) For each financial year commencing on or after 1 July 2016, the Sentencing Advisory Council must report for that year the number of persons convicted during that year of a serious offence committed while subject to a community correction order. ***community correction order*** has the same meaning as in section 3(1) of the **Sentencing Act 1991**; ***Sent*e*ncing Advisory Council*** means the Sentencing Advisory Council established under Part 9A of the **Sentencing Act 1991**; S. 104AA def. of *serious offence* substituted by No. 64/2017 s. 22. ***serious offence*** means a sexual offence or a serious violent offence. Pt 9A (Heading) substituted by No. 59/2015 s. 12. Pt 9A (Heading and ss 104A–104D) inserted by No. 45/1996