(1) A court which is making a community correction order may attach a condition to the order, directing that the offender must—
(a) reside at a place specified in the order; or
An example of a direction that may be made under a condition attached under paragraph (a) is that the offender must reside at his or her current residential address.
(b) not reside at a place specified in the order.
An example of a direction that may be made under a condition attached under paragraph (b) is that the offender must not reside at the residence of a co-offender.
(2) When attaching a residence restriction or exclusion condition the court may—
S. 48G(2)(a) amended by No. 32/2013 s. 30(1).
(a) have regard to the risk the condition poses to the safety of any person, including a child, who is likely to reside with the offender under the order; and
(b) have regard to any effect the attaching of the condition may have on any employment of the offender.
(3) When attaching a residence restriction or exclusion condition the court may specify that the condition applies for the period of the order or for any lesser period specified in the order.
(4) An offender to whom a residence restriction or exclusion condition applies must not change his or her place of residence unless the community correction order to which the condition is attached has been varied under section 48M(2)(d) to specify the new place at which the offender must or must not reside.
S. 48G(5) amended by No. 32/2013 s. 30(2).
(5) The court must not attach a residence restriction or exclusion condition that is inconsistent with a child protection order, a family violence intervention order or a personal safety intervention order.
S. 48H inserted by No. 65/2011 s. 21.