16BOffender with drug or alcohol condition may be required to undergo testing or submit to continuous monitoring

1. This section applies to an offender who—

2. is on parole with a drug or alcohol condition; or
3. has been released under section 17, at the release date of a long-term sentence, with a drug or alcohol condition; or
4. is subject to an extended supervision order with a drug or alcohol condition.

5. An authorised person may, by notice given to an offender to whom this section applies, require the offender to do any 1 or more of the following:

6. undergo testing for a controlled drug, a psychoactive substance, or alcohol using a testing procedure prescribed in rules made under section 74A(a):
7. submit, during a reasonable period specified in the notice, to continuous monitoring of the offender's compliance with the drug or alcohol condition through a drug or alcohol monitoring device of a type prescribed in rules made under section 74A(d):
8. contact, in 1 or more specified reasonably practicable ways, during 1 or more specified periods on specified days, a specified automated system and, if required by a response notice given by the automated system, undergo testing for a controlled drug, a psychoactive substance, or alcohol, using a specified testing procedure prescribed in rules made under section 74A(a).

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

10. must comply with any rules made under section 74A; and
11. may—
    1. select an offender to do what is specified in subsection (2)(a), (b), or (c) in any manner (including randomly); and
    2. make a determination in respect of the offender with or without evidence that the offender has breached the condition; and
12. must, if requiring the offender to do what is specified in subsection (2)(a) or (c), determine the prescribed testing procedure to be used for the testing required under subsection (2)(a), or required if the offender is selected to undergo testing by an automated system that the offender is required to contact under subsection (2)(c).

13. 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).

14. 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.

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

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

17. a constable; or
18. an employee of the Department of Corrections authorised by the chief executive of that department to require offenders to undergo testing, or submit to continuous monitoring, under this section.