Hon Judith Collins, in Committee, to move the following amendments:
Clause 15: new sections 16A and 16C
In clause 15, new section 16A(2), replace
“defendant” (page 17, line 10) with
In clause 15, new section 16C(2)(b), replace
“defendant’s” (page 18, line 31) with
New Part 5
After clause 38 (page 43, after line 21), insert:
Part 5 Amendments to Returning Offenders (Management and Information) Act 2015
39 Principal Act
This Part amends the Returning Offenders (Management and Information) Act 2015 (the principal Act).
40 Section 4 amended (Interpretation)
In section 4(1), insert in its appropriate alphabetical order:
drug or alcohol condition means a special condition under section 15(3)(ba) of the Parole Act (as that provision is applied with all necessary modifications by sections 26(4), 27, and 34 of this Act)
41 Section 26 amended (Returning prisoner must comply with special conditions imposed by court)
After section 26(5)(b), insert:
a drug or alcohol condition, sections 16A to 16D, 71A, 72A, and 74A to 74C, and any rules made under section 74A, of the Parole Act apply with all necessary modifications.
42 Schedule 1 amended
In Schedule 1, after Part 1, insert the Part 2 set out in Schedule 4 of this Act.
New Schedule 4
After Schedule 3 (page 49, after line 7), insert:
Schedule 4 New Part 2 inserted into Schedule 1
Part 2 Provisions relating to Part 5 of the Drug and Alcohol Testing of Community-based Offenders, Bailees, and Other Persons Legislation Act 2014
In this Part,—
commencement date means the date on which Part 5 of the Drug and Alcohol Testing of Community-based Offenders, Bailees, and Other Persons Legislation Act 2014 comes into force
pre-commencement drug or alcohol condition means a condition—
that is imposed before the commencement date under section 26(1), 27(1), or 33(1); and
that prohibits a returning offender from doing 1 or more of the following:
using (as defined in section 4(1) of the Parole Act) a controlled drug:
using a psychoactive substance:
3 Testing and monitoring of returning offender subject to pre-commencement drug or alcohol condition
This clause applies if a returning offender is subject to a pre-commencement drug or alcohol condition.
On and from the commencement date, sections 16B to 16D, 71A, 72A, 74A, and 74B, and any rules made under section 74A, of the Parole Act apply in respect of the returning offender—
as if the pre-commencement drug or alcohol condition were a drug or alcohol condition imposed by a court on or after the commencement date; and
as if the court had complied with section 16A(3) of the Parole Act in respect of the condition.