41Court may declare condition to be a restrictive condition

41 Court may declare condition to be a restrictive condition (1) On an application under section 40, the court may declare that any of the following conditions of the supervision order is a restrictive condition— (a) that the offender must not consume alcohol; (b) that the offender must not use prohibited drugs, obtain drugs unlawfully or abuse drugs of any kind; (c) that the offender must reside at a specified place (including a residential facility or a residential treatment facility); (d) that the offender must be present at the offender's place of residence between specified times; (e) that the offender may only leave the offender's place of residence in accordance with specified conditions; (f) that the offender must not visit a specified place or area or may visit the place or area only at specified times; (g) that the offender must not have contact with a specified person or class of persons; (h) that the offender must not contravene the **Firearms Act 1996** or the **Control of Weapons Act 1990**. (2) A core condition referred to in section 31(2), (3), (4), (5), (7) or (9) must not be declared to be a restrictive condition under this section. Core conditions under section 31(2), (3), (4), (5), (7) and (9) are restrictive conditions by operation of this Act—see paragraph (a) of the definition of ***restrictive condition*** in section 3. (3) The court may make a declaration under subsection (1) if the court is satisfied on reasonable grounds that the declaration is necessary to address 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. (4) In considering whether to make a declaration under subsection (1), the court must have regard to the antecedents of the offender, including any previous contraventions of a supervision order. It is an offence against section 169(1) to fail to comply with a condition of a supervision order or an interim supervision order without a reasonable excuse. See the notes to that section for the relevance of a restrictive condition. (5) Whether or not the court makes a declaration under subsection (1), the court must ensure that the core conditions on the order are in accordance with the requirements of section 31 and make any variations and additions to the conditions that are necessary for this purpose.