The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

This section applies if a judicial officer or Registrar imposes a drug or alcohol condition on a defendant under section 30(4) (alone or with any of sections 40(4), 53(4), and 54(4)).

The judicial officer or Registrar cannot direct, indicate, or require that the defendant undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the defendant to comply with all requirements arising from an authorised person giving the defendant notice under section 30T(1).

The judicial officer or Registrar must advise the defendant that the defendant must do either or both any 1 or more of the following things if required to do so by notice given to the defendant by an authorised person under section 30T(1):

To avoid doubt, this section does not apply to a defendant who has been granted Police bail with a drug or alcohol condition.

An authorised person may, by notice given orally or in writing to a defendant who is on bail (other than Police bail) with a drug or alcohol condition, require the defendant to do either or both any 1 or more of the following:

In exercising his or her discretion under subsection (1), an authorised person—

An authorised person exercising that person’s discretion under subsection (1)—

A determination under subsection (2)(b)(i) may be made in respect of—

A notice given to a defendant under subsection (1)(b) may include a requirement that the defendant comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

An automated system specified in a notice given under subsection (1)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 73AA(1)(b) (including randomly), whether a defendant is required to undergo testing.

Only a medical practitioner or medical officer may collect a blood sample from a defendant under this section.

If a notice under subsection (1) is given orally, the authorised person who gives the notice must record it in writing, and give a copy to the defendant, as soon as is reasonably practicable.

In this section and in sections 30U30TA to 30W, authorised person means a person who is—

An authorised person may give a defendant a notice under section 30T(1) in any of the following ways:

An automated system must, in response to a defendant contacting it as required by a notice given under section 30T(1)(c) and subsection (1), give the defendant a spoken or written response notice specifying whether the defendant is required to undergo testing.

A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a defendant to undergo testing, must specify the name and location of a testing facility to which the defendant is required to report to undergo testing, and the time or times when the defendant is required to report, under section 30U.

An authorised person may require a defendant to undergo testing at the place where the defendant is given notice under section 30T(1) personally by the authorised person.

Subsection (1) applies even if the place where the defendant is given notice personally by the authorised person is—

However, a defendant cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

An authorised person may, if subsection (3) applies, or if it is not reasonably practicable to require the defendant to undergo testing at the place where the defendant is given notice, require the defendant to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the defendant to undergo testing.

A defendant given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the defendant to undergo testing at the place where the defendant is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the defendant to undergo testing.

A defendant given a notice under section 30TA(1)(c) or (2) that requires the defendant to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

A defendant on bail with a drug or alcohol condition breaches the condition if the defendant—

The persons referred to in subsection (1)(b)(iv) are—

Subsection (1)(b) to (d) does not apply to a defendant who has been granted Police bail with a drug or alcohol condition.

Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 30T(1)—

A judicial officer or court may, in the absence of evidence that is available to the judicial officer or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

The Commissioner may, by notice in the Gazette, make rules for all or any of the following purposes:

In this section and in sections 73AAB and 73AAC, Commissioner means the Commissioner of Police.

Rules made under section 73AA(1)(a) may, without limitation, prescribe testing procedures that do all or any of the following:

The Commissioner may make rules under section 73AA(1) only if satisfied that the rules—

Subsection (1)(b) overrides subsection (2)(c).

The Commissioner must ensure that any rules made under section 73AA are, while in force, made available—

Rules made under section 73AA are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

This section applies if the Board imposes a drug or alcohol condition on an offender under section 15(3)(ba), 18(2)(b), or 107K(1).

The Board cannot direct, indicate, or require that the offender undergo or submit to drug or alcohol testing or continuous monitoring, but the condition requires the offender to comply with all requirements arising from an authorised person giving the defendant offender notice under section 16B(2).

The Board must advise the offender that the offender must do either or both any 1 or more of the following things if required to do so by notice given by an authorised person under section 16B(2):

This section applies to an offender who—

An authorised person may, by notice given orally or in writing to an offender to whom this section applies, require the offender to do either or both any 1 or more of the following:

In exercising his or her discretion under subsection (2), an authorised person—

An authorised person exercising that person’s discretion under subsection (2)—

A determination under subsection (3)(b)(i) may be made in respect of—

A notice given to an offender under subsection (2)(b) may include a requirement that the offender comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

An automated system specified in a notice under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 74A(b) (including randomly), whether the offender is required to undergo testing.

Only a medical practitioner or medical officer may collect a blood sample from an offender under this section.

If a notice under subsection (2) is given orally, the authorised person who gives the notice must record it in writing, and give a copy to the offender, as soon as is reasonably practicable.

In this section and in sections 16C and 16D sections 16BA to 16D and 71A, authorised person means a person who is—

An authorised person may give an offender a notice under section 16B(2) in any of the following ways:

An automated system must, in response to an offender contacting it as required by a notice given under section 16B(2)(c) and subsection (1), give the offender a spoken or written response notice specifying whether the offender is required to undergo testing.

A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires an offender to undergo testing, must specify the name and location of a testing facility to which the offender is required to report to undergo testing, and the time or times when the offender is required to report, under section 16C.

An authorised person may require an offender to whom section 16B applies to undergo testing at the place where the offender is given notice under section 16B(2) personally by the authorised person.

Subsection (1) applies even if the place where the offender is given notice personally by the authorised person is—

However, an offender cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

An authorised person may, if subsection (3) applies, or if it is not reasonably practicable to require the offender to undergo testing at the place where the offender is given notice, require the offender to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing.

An offender given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the offender to undergo testing at the place where the offender is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the offender to undergo testing.

An offender given a notice under section 16BA(1)(c) or (2) that requires the offender to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

Information obtained from a prescribed testing procedure or a drug or alcohol monitoring device required under section 16B(2)—

The Board or a court may, in the absence of evidence that is available to the Board or court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

An offender on parole, or released under section 17 at the release date of a long-term sentence, with a drug or alcohol condition commits an offence if the offender—

An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000.

This section applies to an offender who is—

The offender commits an offence if the offender refuses or fails, without reasonable excuse, to allow an authorised person to enter the offender’s residential address for all or any of the following purposes:

An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

In subsection (2), authorised person means any of the following:

The chief executive may, by notice in the Gazette, make rules for all or any of the following purposes:

Rules made under section 74A(a) may, without limitation, prescribe testing procedures that do all or any of the following:

The chief executive may make rules under section 74A only if satisfied that the rules—

Subsection (1)(b) overrides subsection (2)(c).

The chief executive must ensure that any rules made under section 74A are, while in force, made available—

Rules made under section 74A are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

An offender who is subject to an extended supervision order with a drug or alcohol condition commits an offence if the offender—

An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years.

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

An offender who is subject to a sentence of supervision with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $1,000, if the offender—

An offender who is subject to a sentence of intensive supervision with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, if the offender—

An offender who is subject to a sentence of home detention with a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, if the offender—

An offender who is subject to a post-detention condition that is a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding $1,500, if the offender—

An offender who is subject to a post-imprisonment condition that is a drug or alcohol condition commits an offence, and is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000, if the offender—

In this subpart, unless the context otherwise requires,—

This section applies if a court imposes a drug or alcohol requirement on a person subject to a protective supervision order.

The court cannot direct, indicate, or require that the person subject to the order undergo or submit to drug or alcohol testing or continuous monitoring, but the requirement means that the person must comply with all directions arising from an authorised person giving the person notice under section 95B(2).

The court must advise the person that the person must do either or both any 1 or more of the following things if directed to do so by notice given by an authorised person under section 95B(2):

This section applies to a person who is subject to a protective supervision order with a drug or alcohol requirement.

An authorised person may, by notice given orally or in writing to a person to whom this section applies, direct the person to do either or both any 1 or more of the following:

In exercising his or her discretion under subsection (2), an authorised person—

An authorised person exercising that person’s discretion under subsection (2)—

A determination under subsection (3)(b)(i) may be made in respect of—

A notice given to a person under subsection (2)(b) may include a direction that the person comply with instructions specified in the notice that are reasonably necessary for the effective administration of the continuous monitoring (for example, an instruction to charge the monitoring device regularly or protect it from events, such as submersion in water, that may damage it or interfere with its functioning).

An automated system specified in a notice given under subsection (2)(c) must include an automated selection method that determines, in any manner consistent with rules made under section 103C(b) (including randomly), whether the person is required to undergo testing.

Only a medical practitioner or medical officer may collect a blood sample from a person under this section.

If a notice under subsection (2) is given orally, the authorised person who gives the notice must record it in writing, and give a copy to the person to whom this section applies, as soon as is reasonably practicable.

In this section and in sections 95C, 95D, 95BA to 95D and 103A, authorised person means a person who is—

An authorised person may give a person to whom section 95B applies a notice under section 95B(2) in any of the following ways:

An automated system must, in response to a person contacting it as directed by a notice given under section 95B(2)(c) and subsection (1), give the person a spoken or written response notice specifying whether the person is required to undergo testing.

A notice given by an authorised person under subsection (1)(c), or a response notice that is given by an automated system under subsection (2) and that requires a person to undergo testing, must specify the name and location of a testing facility to which the person is required to report to undergo testing, and the time or times when the person is required to report, under section 95C.

An authorised person may require a person to whom section 95B applies to undergo testing at the place where the person is given notice under section 95B(2) personally by the authorised person.

Subsection (1) applies even if the place where the person is given notice personally by the authorised person is—

However, a person cannot be required to undergo a prescribed testing procedure in a place specified in subsection (2)(a) or (b) if the testing procedure involves the collection of blood or urine.

An authorised person may, if subsection (3) applies, or if it is not reasonably practicable to require the person to undergo testing at the place where the person has been given notice, require the person to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the person to undergo testing.

A person given notice personally (in writing or orally) by the authorised person may be required by the authorised person, if subsection (3) applies or if it is not reasonably practicable to require the person to undergo testing at the place where the person is given notice, to accompany the authorised person to any other place where it is likely that it will be reasonably practicable for the person to undergo testing.

A person given a notice under section 95BA(1)(c) or (2) that requires the person to undergo testing is required to report to the testing facility whose name and location are specified in the notice, at the time or times specified, to undergo testing.

Information obtained following a direction under section 95B(2) (from a prescribed testing procedure or a drug or alcohol monitoring device) about a person subject to a protected supervision order with a drug or alcohol requirement—

A court may, in the absence of evidence that is available to the court and that is to the contrary effect, presume that any information that an authorised person has certified in writing was obtained from a prescribed testing procedure or a drug or alcohol monitoring device—

A person who is subject to a protective supervision order with a drug or alcohol requirement commits an offence if the person—

A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 2 years.

This section applies to a person who is—

A person to whom this section applies commits an offence if the person refuses or fails, without reasonable excuse, to allow an authorised person to enter the person’s residential address for all or any of the following purposes:

A person who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

In subsection (2), authorised person means any of the following:

The chief executive may, by notice in the Gazette, make rules for all or any of the following purposes:

Rules made under section 103C(a) may, without limitation, prescribe testing procedures that do all or any of the following:

The chief executive may make rules under section 103C only if satisfied that the rules—

Subsection (1)(b) overrides subsection (2)(c).

The chief executive must ensure that any rules made under section 103C are, while in force, made available—

Rules made under section 103C are disallowable instruments, but not legislative instruments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.