Part 2Sentences, orders, and related matters
Home detention
80SAOffences related to sentences of home detention with drug or alcohol conditions
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—
- refuses or fails, without reasonable excuse,—
- to undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ; or
- to submit to continuous monitoring when required to do so under section 80ZO(2)(b); or
- to comply with instructions specified in a notice given under section 80ZO(2)(b) that are reasonably necessary for the effective administration of the continuous monitoring; or
- to accompany an authorised person, when required to do so under section 80ZQ(4), to a place where it is likely that it will be reasonably practicable for the offender to undergo testing; or
- to contact a specified automated system when required to do so under section 80ZO(2)(c); or
- to report, at any time or times when required to do so under section 80ZQ(5), to a specified testing facility to undergo testing; or
- to undergo a testing procedure when required to do so under sections 80ZO(2)(c) and 80ZQ; or
- to undergo a testing procedure when required to do so under sections 80ZO(2)(a) and 80ZQ; or
- does anything with the intention of diluting or contaminating a bodily sample required under section 80ZO(2)(a) or (c) for the purposes of a prescribed testing procedure; or
- tampers with a drug or alcohol monitoring device required under section 80ZO(2)(b) or does anything with the intention of interfering with the functioning of that device.
Notes
- Section 80SA: inserted, on , by section 12 of the Sentencing (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 85).


