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