17LElectronic monitoring devices and equipment to be removed if conditions cease

17L Electronic monitoring devices and equipment to be removed if conditions cease

(1) If an accused ceases to be subject to electronic monitoring conditions as described in subsection (2)—

(a) an authorised officer—

(i) may remove the electronic device worn by the accused; and

(ii) may remove any equipment used for the electronic monitoring that is—

(A) at the address at which the accused resides; or

(B) in the possession of the accused; or

(C) on the person of the accused; and

(b) the Secretary—

(i) must ensure that an authorised officer undertakes the removal described in paragraph (a)(i) as soon as is practicable; and

(ii) must ensure that an authorised officer undertakes the removal described in paragraph (a)(ii) within a reasonable time.

(2) For the purposes of subsection (1), an accused who is subject to electronic monitoring conditions ceases to be subject to those conditions if—

(a) the bail of the accused is revoked; or

(b) the electronic monitoring conditions are revoked; or

(c) the matter in relation to which the electronic monitoring conditions were imposed is finally determined by a court.

(3) Despite subsection (1)(a), a person referred to in paragraph (c) of the definition of authorised officer in subsection (6) may remove an electronic monitoring device or equipment used for electronic monitoring only on a direction given by the Secretary.

(4) If practicable, before removing an electronic monitoring device or equipment used for electronic monitoring, an authorised officer must inform the accused of the following—

(a) the removal is to occur; and

(b) the accused 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

(ii) if the case requires, to enter a place where the accused resides in order to remove the device or equipment.

(5) If the accused does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an authorised officer may use reasonable force—

(a) to remove the device or equipment from the accused; and

(b) to enter a place where the accused resides in order to remove the device or equipment.

(6) In this section—

authorised officer means—

(a) a police officer; or

(b) a police custody officer; or