(1) A court which is making a community correction order may attach a condition to the order, directing that the offender must remain at the place specified in the order between specified hours of each day for the period specified in the order.
An example of a direction that may be made under a condition attached under subsection (1) is a direction that the offender must remain at home between 9pm and 6am each day.
(2) When attaching a curfew condition the court may—
S. 48I(2)(a) amended by No. 32/2013 s. 32(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;
(b) have regard to any effect the attaching of the condition may have on any employment of the offender.
(3) The offender must remain at a place specified by the court under a curfew condition for—
(a) not less than 2 hours of each day; and
(b) not more than 12 hours of each day—
for the period specified in the order which must not be more than 6 months.
S. 48I(3A) inserted by No. 65/2011 s. 57.
(3A) If the Secretary gives a direction under section 83AV the offender must remain at the place specified by the court for the increased hours or period that is specified by the Secretary.
S. 48I(4) amended by No. 32/2013 s. 32(2).
(4) The court must not attach a curfew condition that is inconsistent with a child protection order, a family violence intervention order or a personal safety intervention order.
S. 48J inserted by No. 65/2011 s. 21.