Part 1Parole and other release from detention
Release: Offences
71AOffences related to drug or alcohol conditions
An offender on parole, or released under section 17 at the release date of a long-term sentence, with a drug or alcohol condition commits an offence if the offender—
- refuses or fails, without reasonable excuse,—
- to undergo a testing procedure when required to do so under sections 16B(2)(a) and 16D; or
- to submit to continuous monitoring when required to do so under section 16B(2)(b); or
- to comply with instructions specified in a notice given under section 16B(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 16D(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 16B(2)(c); or
- to report, at any time or times when required to do so under section 16D(5), to a specified testing facility to undergo testing; or
- to undergo a testing procedure when required to do so under sections 16B(2)(c) and 16D; or
- to undergo a testing procedure when required to do so under sections 16B(2)(a) and 16D; or
- does anything with the intention of diluting or contaminating a bodily sample required under section 16B(2)(a) or (c) for the purposes of a prescribed testing procedure; or
- tampers with a drug or alcohol monitoring device required under section 16B(2)(b) or does anything with the intention of interfering with the functioning of that device.
An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 1 year or to a fine not exceeding $2,000.
Notes
- Section 71A: inserted, on , by section 8 of the Parole (Drug and Alcohol Testing) Amendment Act 2016 (2016 No 84).


