42ADCore conditions of home detention order

42AD Core conditions of home detention order

[Section 42AD Inserted by No. 51 of 2017, s. 14, Applied:14 Dec 2018]

(1)  A home detention order is subject to the following conditions:

(a) the offender must not, during the operational period of the order, commit an offence that is punishable by imprisonment;

(b) the offender must, during the operational period of the order, reside at the home detention premises;

(c) the offender must, during the operational period of the order, be at the home detention premises during the times, specified in the order, of the days of the week specified in the order, except if the offender is, for a relevant reason, not on those premises;

(d) the offender must, during the operational period of the order, permit a police officer, probation officer or prescribed officer to enter the home detention premises;

(e) the offender must, during the operational period of the order, permit a police officer to –

(i) conduct a search of the home detention premises; and

(ii) conduct a frisk search, within the meaning of the Search Warrants Act 1997 , of the offender, at the home detention premises or at any other place or premises; and

(iii) take a sample of a substance found on the home detention premises or on the person of the offender;

(f) the offender must comply with any reasonable and lawful directions of a probation officer or prescribed officer, including any directions as to the kind of employment, or the place of employment, of the offender;

(g) subject to subsection (2) , the offender must, during all of the operational period of the order or such periods, within the operational period, as are determined from time to time by a court, submit to electronic monitoring, including by wearing or carrying an electronic device;

(h) if the offender is, in accordance with paragraph (g) , required to submit to electronic monitoring –