72AOffence to refuse authorised person entry for certain purposes related to continuous monitoring

1. This section applies to an offender who is—

2. on parole, or released under section 17 at the release date of a long-term sentence, or subject to an extended supervision order, with a drug or alcohol condition; and
3. required, under section 16B(2)(b), to submit to continuous monitoring of the offender’s compliance with the condition.

4. The offender commits an offence if the offender refuses or fails, without reasonable excuse, to allow an authorised person to enter the offender’s residential address for all or any of the following purposes:

5. attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
6. servicing or inspecting the device:
7. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device.

8. An offender who commits an offence against this section is liable on conviction to imprisonment for a term not exceeding 3 months or to a fine not exceeding $5,000.

9. In subsection (2), authorised person means any of the following:

10. an authorised person (as defined in section 16B(7)) who has produced evidence of that person’s identity to the offender:
11. a person accompanying a person described in paragraph (a):
12. a person who—
    1. has produced evidence of that person’s identity to the offender; and
    2. is authorised in writing by an authorised person (as defined in section 16B(7)) to enter the offender’s residential address for all or any of the following purposes:
       1. attaching a drug or alcohol monitoring device to, or removing the device from, the offender:
       2. servicing or inspecting the device:
       3. installing, removing, servicing, or inspecting any equipment necessary for the operation of the device; and
    3. has produced that written authority to the offender.