s. 48J Example 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— (a) have regard to the risk the condition poses to S. 48I(2)(a) amended by the safety of any person, including a child, No. 32/2013 who is likely to reside with the offender s. 32(1). 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. (3A) If the Secretary gives a direction under S. 48I(3A) inserted by section 83AV the offender must remain at the No. 65/2011 place specified by the court for the increased s. 57. hours or period that is specified by the Secretary. (4) The court must not attach a curfew condition that S. 48I(4) amended by is inconsistent with a child protection order, a No. 32/2013 family violence intervention order or a personal s. 32(2). safety intervention order. 48J Alcohol exclusion condition S. 48J inserted by No. 65/2011 (1) A court which is making a community correction s. 21. order may attach a condition directing that the offender comply with the restrictions in subsection (2).
Example 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. s. 48J (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. 48J Alcohol exclusion condition (1) A court which is making a community correction order may attach a condition directing that the offender comply with the restrictions in subsection (2).
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