South Australian Current Acts

CRIMINAL LAW (HIGH RISK OFFENDERS) ACT 2015 - SECT 10

10—Supervision orders—terms and conditions

        (1)         The following conditions apply in relation to an extended supervision order:

            (a)         a condition that the person subject to the order not commit any offence;

            (b)         a condition that the person subject to the order is prohibited from possessing a firearm or ammunition (both within the meaning of the Firearms Act 2015 ) or any part of a firearm;

            (c)         a condition prohibiting the person subject to the order from possessing an offensive weapon unless the Supreme Court permits the person to possess such a weapon and the person complies with the terms and conditions of the permission;

            (d)         a condition that the person subject to the order—

                  (i)         be under the supervision of a community corrections officer; and

                  (ii)         obey the reasonable directions of the community corrections officer; and

                  (iii)         submit to such tests (including testing without notice) for gunshot residue as the community corrections officer may reasonably require;

            (e)         any other condition that the Court thinks fit and specifies in the order (including any condition the Parole Board is able to impose under section 11(1));

            (f)         any condition imposed by the Parole Board under section 11.

        (2)         The conditions referred to in subsection (1)(a) to (e) (inclusive) apply in relation to an interim supervision order.

        (3)         The Supreme Court may only vary or revoke the condition imposed by subsection (1)(b) if the Court is satisfied that—

            (a)         there are cogent reasons to do so; and

            (b)         the possession of the firearm, ammunition or part of a firearm by the person does not represent an undue risk to the safety of the public.

        (4)         The Supreme Court must, on making or varying a supervision order—

            (a)         take all reasonable steps to explain to the person the subject of the order the terms and conditions of the order and, in particular—

                  (i)         the person's obligations under the order; and

                  (ii)         the consequences that may follow from a failure to comply with the order; and

            (b)         forward a copy of the order as made or varied to the Parole Board and to the Commissioner of Police.