Australian Capital Territory Numbered Acts

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CRIMES (SENTENCE ADMINISTRATION) ACT 2005 (NO. 59 OF 2005) - SECT 43

Periodic detention—core conditions

    (1)     The core conditions of an offender's periodic detention 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 chief executive about the charge as soon as possible, but within 2 days after the day the offender becomes aware of the charge;

        (c)     any change in the offender's contact details is approved by the chief executive under subsection (2);

        (d)     the offender must comply with any direction given to the offender by the chief executive under this Act or the Corrections Management Act 2005 in relation to the periodic detention;

        (e)     any test sample given by the offender under a direction under section 45 (Periodic detention—alcohol and drug tests) must not be positive;

        (f)     the offender must appear before the board as required, or agreed by the offender, under section 205 (Appearance by offender at board hearing);

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

    (2)     If an offender applies to the chief executive for approval for a change in the offender's contact details, the chief executive 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 no later than 1 day after, the day of the change.

    (4)     In this section:

"contact details" means any of the following:

        (a)     home address or phone number;

        (b)     work address or phone number;

        (c)     mobile phone number.



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