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TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 29
Conditions that may be imposed on extended or interim supervision order
(1) An extended supervision order or interim supervision order may direct an
eligible offender to comply with such conditions as the Supreme Court
considers appropriate, including (but not limited to) directions requiring the
offender to do any one or more of the following-- (a) to permit any
enforcement officer to visit the offender at the offender's residential
address at any time and, for that purpose, to enter the premises at that
address,
(b) to permit any enforcement officer to access any of the
following-- (i) a computer or related electronic equipment that is at the
offender's residential address or in the possession of the offender,
(ii)
data held within, or accessible from, the computer or related electronic
equipment (including data accessible by means of an electronic identity),
(c)
to permit any enforcement officer to seize any computer or other object at the
offender's residential address or in the possession of the offender for the
purpose of enabling it to be forensically examined,
(d) to use specified
services or facilities,
(e) to make periodic reports to an
enforcement officer,
(f) to notify an enforcement officer of any change in
the offender's address,
(g) to participate in intervention programs or
initiatives,
(h) to wear electronic monitoring equipment,
(i) to reside at
an address approved by an enforcement officer,
(j) not to reside in or resort
to specified locations or classes of locations,
(k) not to associate or make
contact with specified persons or classes of persons,
(l) not to engage in
specified conduct or classes of conduct,
(m) not to engage in specified
financial, property or business dealings (including not to enter into
specified agreements or hold specified interests in connection with such
dealings),
(n) not to possess or use specified objects or substances,
(o)
not to engage in specified employment or classes of employment,
(p) not to
change the offender's name,
(q) to comply with any obligation that could be
imposed on the offender under Part 3 of the Child Protection (Offenders
Registration) Act 2000 if the offender were a registrable person within the
meaning of that Act and were not the subject of an interim supervision order
or an extended supervision order,
(r) to comply with specified requirements
in connection with the offender's access to and use of the internet,
(s) to
provide any enforcement officer with information about any one or more of the
following-- (i) a carriage service used, or intended to be used, by the
offender (including any telephone number used, or intended to be used, by the
offender),
(ii) an internet service provider or carriage service provider
used, or intended to be used, by the offender,
(iii) an internet connection
used, or intended to be used, by the offender (including whether the
connection is a wireless, broadband, Asymmetric Digital Subscriber Line (ADSL)
or dial-up connection),
(iv) an electronic identity used, or intended to be
used, by the offender,
(t) to provide any enforcement officer with requested
information in relation to any employment or any financial affairs of the
offender.
(1A) Unless the Supreme Court orders differently (and without
limiting the conditions that the Court may impose under subsection (1)), an
extended supervision order or interim supervision order must include
conditions requiring the eligible offender-- (a) to submit to the supervision
and guidance of any enforcement officer responsible for the supervision of the
offender for the time being and obey all reasonable directions of an
enforcement officer (including in respect of providing a schedule of
movements), and
(b) to wear electronic monitoring equipment as directed and
not tamper with, or remove, the equipment, and
(c) to live at an address
approved by an enforcement officer and notify an enforcement officer of any
intention to change the offender's address or living arrangements, and
(d)
not to leave New South Wales except with the approval of the
Commissioner of Corrective Services, and
(e) to submit to the search of the
offender's person and residence and the search and seizure of the offender's
vehicle, computer, electronic and communication device or any storage
facility, garage, locker or commercial facility under the offender's control,
and
(f) to comply with rules or by-laws (or both) of any approved
accommodation for the offender, and
(g) not to use prohibited drugs, or
obtain drugs unlawfully or abuse drugs lawfully obtained, and
(h) to submit
to drug and alcohol testing, and
(i) not to possess or use any of the
following-- (i) a firearm, firearm part or ammunition within the meaning of
the Firearms Act 1996 ,
(ii) a prohibited weapon within the meaning of the
Weapons Prohibition Act 1998 ,
(iii) a spear gun,
(iv) an explosive
substance intended, by the eligible offender, to be used in an explosive
device,
(v) a fuse capable of use with an explosive or a detonator, or a
detonator, that is intended, by the eligible offender, to be used as a fuse or
detonator for an explosive device (as the case may be), and
(j) to be
available for interview at such times and places as an enforcement officer (or
the officer's nominee) may from time to time direct, and
(k) to undergo
ongoing psychological or psychiatric assessment or counselling (or any
combination of these) as directed by an enforcement officer, and
(l) not to
start on the offender's own initiative any job, volunteer work or educational
course without the approval of an enforcement officer, and
(m) to obey any
reasonable direction by an enforcement officer about communication, internet
access and use of electronic devices (including, but not limited to, approval
of devices used, method of communication, access to internet and restrictions
on deleting information), and
(n) to permit an enforcement officer to visit
the offender at the offender's residential address at any time and, for that
purpose, to enter the premises at that address, and
(o) to notify an
enforcement officer of any intention to change the offender's employment if
practicable before the change occurs or otherwise at his or her next interview
with an enforcement officer, and
(p) not to associate (including using third
parties) with any person or persons specified by an enforcement officer,
whether face to face or by written correspondence or electronic means, and
(q) not to change the offender's name or use any other name without notifying
an enforcement officer, and
(r) not to frequent or visit any place or
district specified by an enforcement officer.
(2) In this section--
"carriage service" ,
"carriage service provider" and
"internet service provider" have the same meanings as in the
Telecommunications Act 1997 of the Commonwealth.
"electronic identity" means each of the following-- (a) an email address,
(b)
a user name or other identity allowing access to an instant messaging service,
(c) a user name or other identity allowing access to a chat room or social
media on the internet,
(d) any other user name or other identity allowing
access to the internet or an electronic communication service.
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