New South Wales Consolidated Acts

TERRORISM (HIGH RISK OFFENDERS) ACT 2017 - SECT 29

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.