Australian Capital Territory Current Acts

CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 42

    (1)     The core conditions of an offender's intensive correction order are as follows:

        (a)     the offender must not commit—

              (i)     an offence against a territory law, or a law of the Commonwealth, a State or another Territory, that is punishable by imprisonment; or

              (ii)     an offence outside Australia against a law of a place outside Australia that, if it had been committed in Australia, would be punishable by imprisonment;

        (b)     if the offender is charged with an offence against a law in force in Australia or elsewhere—the offender must tell the director-general about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;

        (c)     if the offender's contact details change—the offender must tell the director-general about the change as soon as possible, but not later than 1 day after the day the offender becomes aware of the change of details;

        (d)     the offender must comply with any direction given to the offender by the director-general under this Act or the Corrections Management Act 2007

in relation to the intensive correction order;

        (e)     the offender—

              (i)     is on probation under the supervision of the director-general; and

              (ii)     must comply with the director-general's reasonable directions in relation to the probation;

        (f)     any test sample given by the offender under a direction under section 43 (Intensive correction order—alcohol and drug tests) must not be positive;

        (g)     the offender must not use or obtain a drug;

Note     Drug— see the Corrections Management Act 2007

, s 132.

        (h)     the offender must not—

              (i)     leave the ACT without the director-general's approval; or

              (ii)     leave Australia without the board's written approval;

              (i)     if leaving the ACT or Australia, the offender must comply with any condition of the approval to leave;

        (j)     the offender must comply with any direction given to the offender by the director-general to—

              (i)     live at any premises; or

              (ii)     undertake any program; or

              (iii)     report to a corrections officer; or

              (iv)     allow a corrections officer to visit the place where the offender lives at any reasonable time;

        (k)     the offender must comply with any notice made under section 63 to attend a hearing of the board;

        (l)     any condition prescribed by regulation that applies to the offender.

    (2)     If an offender applies to the director-general for approval for a change in the offender's contact details, the director-general must—

        (a)     approve, or refuse to approve, the change to which the application relates; and

        (b)     give the offender notice of the decision, orally or in writing.

    (3)     An application for approval under subsection (2)—

        (a)     may be made orally or in writing; and

        (b)     must be made—

              (i)     before the change to which it applies; or

              (ii)     if it is not possible to apply before the change—as soon as possible after, but not later than 1 day after, the day of the change.

    (4)     In this section:

"contact details" means the offender's—

        (a)     home address or phone number; and

        (b)     work address or phone number; and

        (c)     mobile phone number.