Victorian Numbered Acts

CORRECTIONS LEGISLATION FURTHER AMENDMENT ACT 2017 (NO. 64 OF 2017) - SECT 21

After Division 6 of Part 9 of the Corrections Act 1986 insert —

" Division 6A—Removal of electronic monitoring devices and equipment

        104AAA     Who may remove electronic monitoring devices and equipment

    (1)     This section applies if a requirement for electronic monitoring of an offender is attached to a condition of a community correction order and—

        (a)     the condition is varied to remove the requirement; or

        (b)     the condition is suspended or cancelled; or

        (c)     the community correction order is cancelled or expires.

    (2)     Subject to subsection (4), an officer may remove an electronic monitoring device worn by an offender referred to in subsection (1) as soon as practicable before or after the variation, suspension, cancellation or expiry.

    (3)     Subject to subsection (4), an officer may remove any equipment used for the electronic monitoring at the place where the offender resides or that is in the possession of or on the person of the offender.

    (4)     An officer referred to in paragraph (c), (d), (e) or (f) of the definition of officer in subsection (8) may take action under subsection (2) or (3) only on a direction given by the Secretary.

    (5)     If practicable, before removing an electronic monitoring device or equipment used for the electronic monitoring of an offender an officer must inform the offender that—

        (a)     the removal is to occur; and

        (b)     the offender may consent to the removal; and

        (c)     if consent is not given, reasonable force may be used—

              (i)     to remove the device or equipment; and

              (ii)     if the case requires, to enter a place where the offender resides in order to remove the device or equipment.

    (6)     If an offender does not consent to the removal of an electronic monitoring device or equipment used for the electronic monitoring, an officer may use reasonable force—

        (a)     to remove the device or equipment from the offender; and

        (b)     to enter a place where the offender resides in order to remove the device or equipment.

    (7)     This section does not affect the power to remove an electronic monitoring device and equipment used for the electronic monitoring of the offender to monitor compliance with conditions imposed under section 48LA(8) of the Sentencing Act 1991 or for a purpose referred to in section 48LA(8) of that Act.

    (8)     In this section—

community correction order has the same meaning as in the Sentencing Act 1991 ;

"officer" means any of the following—

        (a)     a police officer;

        (b)     a police custody officer;

        (c)     a prison officer;

        (d)     an escort officer employed under Part 4;

        (e)     a community corrections officer;

        (f)     an employee of the Department who is authorised under section 104AAB.

        104AAB     Commissioner may authorise employee to exercise powers of officer

The Commissioner may, by instrument, authorise a specified employee of the Department, or an employee holding a specified position in the Department, to exercise the powers of an officer under section 104AAA.".