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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 - SECT 58

Curfew—directions

    (1)     A curfew condition of an intensive correction order must include details of the following:

        (a)     the place where the offender must remain for the curfew;

        (b)     the period of time (not longer than the offender's sentence) that the curfew will be in place.

    (2)     The director-general may, at any time while a curfew condition is in effect, direct the offender to remain at a different place for the curfew if satisfied that each adult who is living at the place, or has parental responsibility or guardianship for a person who is living at the place, consents to the place being used for that purpose.

    (3)     The sentencing court may recommend an amount of time that the offender should remain at the curfew place each day.

    (4)     The director-general may, after taking into account any recommendation of the sentencing court, direct the offender, orally or in writing, to remain at the curfew place for a period of time (not more than 12 hours in a 24-hour period) each day.

Example

Max is directed to comply with a curfew. Max may be required to remain at the curfew place between 10 pm and 7 am, and between 3 pm and 6 pm on Mondays, Wednesdays and Fridays.

    (5)     A direction under this section takes effect—

        (a)     when it is given to the offender; or

        (b)     if a later date of effect is stated in the direction—on the date stated.

    (6)     The offender must comply with a direction under this section.

    (7)     In this section:

"curfew place" means—

        (a)     the place detailed in the curfew condition under subsection (1) (a); or

        (b)     if the director-general directs the offender to remain at a different place under subsection (2)—the different place.



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