sec.161UConditions

### sec.161U Conditions A control order for an offender may impose— the conditions the court considers appropriate to protect the public by preventing, restricting or disrupting the offender’s involvement in serious criminal activity; and the conditions the court considers necessary to enforce the order. a condition requiring the offender to advise a law enforcement officer if the offender changes address Without limiting subsection (1) (a) , a condition may— prohibit the offender from— associating with a stated person or a person of a stated class, including a person with whom the offender has a personal relationship; or entering or being in the vicinity of a stated place or a place of a stated class; or acquiring or possessing a stated thing or a thing of a stated class; or restrict the means by which the offender communicates with other persons; or require the offender— to give a police officer or another stated person stated information by a stated time or at stated intervals; or the offender’s computer passwords to attend before a police officer or another stated person by a stated time or at stated intervals. attending before the officer in charge of a stated police station at weekly intervals 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. Also, if the control order requires the person to give stated information, the order must require the information to be given in writing. 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. 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). The control order may not require the offender to— give information if giving the information— would disclose information that is the subject of legal professional privilege; or would be a contravention of another Act; or if the offender is an individual—give information relating to an offence with which the offender is charged. See section 161ZH for restrictions on the admissibility in a proceeding of information given under a control order. Subsections (6) and (7) apply despite subsection (1) . In this section— information includes a document. s 161U ins 2016 No. 62 s 279 (sec.161U-ssec.1) A control order for an offender may impose— the conditions the court considers appropriate to protect the public by preventing, restricting or disrupting the offender’s involvement in serious criminal activity; and the conditions the court considers necessary to enforce the order. a condition requiring the offender to advise a law enforcement officer if the offender changes address (sec.161U-ssec.2) Without limiting subsection (1) (a) , a condition may— prohibit the offender from— associating with a stated person or a person of a stated class, including a person with whom the offender has a personal relationship; or entering or being in the vicinity of a stated place or a place of a stated class; or acquiring or possessing a stated thing or a thing of a stated class; or restrict the means by which the offender communicates with other persons; or require the offender— to give a police officer or another stated person stated information by a stated time or at stated intervals; or the offender’s computer passwords to attend before a police officer or another stated person by a stated time or at stated intervals. attending before the officer in charge of a stated police station at weekly intervals (sec.161U-ssec.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. (sec.161U-ssec.4) Also, if the control order requires the person to give stated information, the order must require the information to be given in writing. (sec.161U-ssec.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. (sec.161U-ssec.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). (sec.161U-ssec.7) The control order may not require the offender to— give information if giving the information— would disclose information that is the subject of legal professional privilege; or would be a contravention of another Act; or if the offender is an individual—give information relating to an offence with which the offender is charged. See section 161ZH for restrictions on the admissibility in a proceeding of information given under a control order. (sec.161U-ssec.8) Subsections (6) and (7) apply despite subsection (1) . (sec.161U-ssec.9) In this section— information includes a document. - (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 - (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 - (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 Example of stated information— the offender’s computer passwords (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 - (i) to give a police officer or another stated person stated information by a stated time or at stated intervals; or Example of stated information— the offender’s computer passwords - (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 - (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 - (i) to give a police officer or another stated person stated information by a stated time or at stated intervals; or Example of stated information— the offender’s computer passwords - (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 - (a) give information if giving the information— (i) would disclose information that is the subject of legal professional privilege; or (ii) would be a contravention of another Act; or - (i) would disclose information that is the subject of legal professional privilege; or - (ii) would be a contravention of another Act; or - (b) if the offender is an individual—give information relating to an offence with which the offender is charged. - (i) would disclose information that is the subject of legal professional privilege; or - (ii) would be a contravention of another Act; or