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SERIOUS SEX OFFENDERS (DETENTION AND SUPERVISION) AMENDMENT (COMMUNITY SAFETY) ACT 2016 (NO. 32 OF 2016) - SECT 21

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    (1)     In section 152(1) of the Principal Act—

        (a)     in paragraph (a), for "believes" substitute "suspects";

        (b)     in paragraph (b), after "re-offending" insert "or breaching the conditions of the supervision order or an interim supervision order".

    (2)     After section 152(2) of the Principal Act insert

    "(2A)     A police officer may exercise a power under this section only if the police officer—

        (a)     reasonably suspects that the search is necessary to monitor an offender's compliance with a supervision order or an interim supervision order; or

        (b)     reasonably suspects the offender of behaviour or conduct associated with an increased risk of the offender re-offending or breaching the conditions of a supervision order or an interim supervision order.

    (2B)     A police officer exercising a power under this section may enter any part of the location occupied by the offender and—

        (a)     search that part of the location that is occupied by the offender, and any thing (including any vehicle) belonging to or in the possession of, or under the control of, the offender at the location; and

        (b)     search and examine the offender at the location.".

    (3)     After section 152(4) of the Principal Act insert

    "(4A)     If necessary, a community corrections officer, a specified officer or a police officer may use reasonable force to carry out a search under this section.

    (4B)     A search under this section may continue only for as long as necessary to achieve the purpose of the search.".



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