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Serious Offenders Act 2018
35Suggested conditions
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35 Suggested conditions
(1) The court may impose a condition on a supervision order in relation to any of the following—
(a) the places or areas that the offender must not visit or may visit only at specified times;
(b) the treatment or rehabilitation programs or activities in which the offender must attend and participate;
(c) a requirement that the offender must not consume alcohol;
(d) a requirement that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind;
(e) a requirement that the offender must submit, as required by the order, to breath testing, urinalysis or other test procedures (other than blood tests) approved by the Secretary or the Chief Commissioner of Police for detecting alcohol or drug use;
(f) the types of employment in which the offender must not engage;
(g) the types of behaviour or conduct that the offender must not engage in, if that behaviour or conduct—
(i) was preparatory to the offender's prior serious sex offence or serious violence offence; or
(ii) may increase the risk of the offender committing a serious sex offence or a serious violence offence or both or an offence referred to in Schedule 3; or
(iii) threatens the safety of any person;
(h) the community activities in which the offender must not engage;
(i) the persons or classes of persons with whom the offender must not have contact;
1 Persons under 18 years of age.
2 Victims of the offender and their families.
(j) the forms of monitoring (including electronic monitoring) of compliance with the supervision order to which the offender must submit;
(k) personal examinations by a medical expert which the offender must attend for the purpose of providing a report to the Authority to assist it in determining the need for, or form of, a direction it is permitted to give to the offender under the supervision order.
(2) If the court imposes a condition of a kind referred to in subsection (1)(j) requiring the offender to submit to electronic monitoring, the court must also impose the following conditions on the supervision order—
(a) the offender must comply with any direction given by the Authority relating to the electronic monitoring;
S. 35(2)(b) amended by No. 28/2025 s. 4.
(b) the offender must for 24 hours of each day be electronically monitored and wear an electronic monitoring device fitted to the offender;
(c) the offender must ensure that the electronic monitoring device fitted to the offender remains operational (including being charged) at all times;
(d) the offender must not tamper with, damage, disable or remove any electronic monitoring device or equipment used for the electronic monitoring;
(e) the offender must accept any visit by the Secretary to the place where the offender resides, at any reasonable time and for any purpose, including to install, repair, fit or remove any electronic monitoring device or equipment used for the electronic monitoring.