Australian Capital Territory
Rehabilitation of Offenders (Interim) Regulations 2001     No 39
made under the
Rehabilitation of Offenders (Interim) Act 2001
Republication No 3
Effective:  17 January 2003
Republication date: 17 January 2003
Last amendment made by Act 2002 No 49

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Rehabilitation of Offenders (Interim) Regulations 2001, made under the Rehabilitation of Offenders (Interim) Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 17 January 2003.  It also includes any amendment, repeal or expiry affecting the republished law to 17 January 2003.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
When preparing the authorised version of this republication amendments were not made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Australian Capital Territory
Rehabilitation of Offenders (Interim) Regulations 2001
made under the
Rehabilitation of Offenders (Interim) Act 2001
Contents
	Page
	1	Name of regulations	2
	3	Dictionary	2
	4	Notes	2
	5	Dealing with young offenders under regulations	2
	6	Giving consent to home detention order on behalf of child or person with disability—Act, s 11 (6)	3
	7	Standard conditions of home detention—Act, s 18 (1) (a)	3
	8	Standards conditions of parole—Act, s 38 (1) (a)	5
Dictionary		7
Endnotes
	1	About the endnotes	9
	2	Abbreviation key	9
	3	Legislation history	10
	4	Amendment history	10
	5	Earlier republications	11

Australian Capital Territory
Rehabilitation of Offenders (Interim) Regulations 2001     

made under the
Rehabilitation of Offenders (Interim) Act 2001

    

  

1	Name of regulations
These regulations are the Rehabilitation of Offenders (Interim) Regulations 2001.
3	Dictionary
The dictionary at the end of these regulations is part of these regulations.
Note 1	The dictionary at the end of these regulations defines certain words and expressions used in these regulations, and includes references (signpost definitions) to other words and expressions defined elsewhere in these regulations or in other legislation.
	For example, the signpost definition ‘prohibited weapon—see the Prohibited Weapons Act 1996, section 3 (1).’ means that the expression ‘prohibited weapon’ is defined in that section and the definition applies to these regulations.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulations unless the definition, or another provision of the regulations, provides otherwise or the contrary intention otherwise appears (see Legislation Act 2001, s 155 and s 156 (1)).
4	Notes
A note included in these regulations is explanatory and is not part of these regulations.
Note	See Legislation Act 2001, s 127 (1), (4) and (5) for the legal status of notes.
5	Dealing with young offenders under regulations
To remove any doubt, in making a decision or taking action under these regulations in relation to a young person, the principles applying in relation to a young person under the Children and Young People Act 1999, part 2.2 (Principles applying to the Act) are to be applied, with any necessary changes, as if the decision were being made, or the action were being taken, under that Act.
6	Giving consent to home detention order on behalf of child or person with disability—Act, s 11 (6)
	(1)	Consent may be given on behalf of a child by a person with parental responsibility for the child.
	(2)	Consent may be given on behalf of a person with a mental disability by the person’s guardian under the Guardianship and Management of Property Act 1991.
7	Standard conditions of home detention—Act, s 18 (1) (a)
The standard conditions to which a home detention order for a person is subject are as follows:
	(a)	the person must be of good behaviour and must not commit any new offence;
	(b)	if the person is arrested or detained by a police officer—the person must tell a corrections officer as soon as practicable after being arrested or detained;
	(c)	the person must live only at premises in the ACT (the approved home) approved by a corrections officer;
	(d)	the person must remain at the approved home at all times otherwise than—
	(i)	when engaged in an approved activity or program; or
	(ii)	when faced with immediate danger, for example, a fire or medical emergency;
	(e)	if the person leaves the approved home because of immediate danger—the person must tell a corrections officer as soon as practicable after leaving the approved home;
	(f)	the person must comply with any plan of activities and programs prepared for the person by a corrections officer;
	(g)	the person must allow a corrections officer to visit the approved home at any time;
	(h)	the person must submit to electronic monitoring of the person’s compliance with the home detention order;
	(i)	the person must not tamper with, damage or disable monitoring equipment;
	(j)	for a person other than a young person—the person must maintain a telephone service to the approved home for the monitoring equipment;
	(k)	the person must not consume alcohol;
	(l)	the person must not use a prohibited substance, or abuse a prescribed substance that is lawfully obtained;
	(m)	the person must, if directed to do so by a corrections officer, submit to blood testing, breath testing, urinalysis and other test procedures for detecting alcohol or drug use by the person;
	(n)	the person must authorise the person’s doctor, therapist or counsellor to give relevant information about the person to a corrections officer;
	(o)	the person must, if directed to do so by a corrections officer, tell the person’s employer about the home detention order, the nature of the offence that resulted in the making of the order, or both;
	(p)	the person must allow contact between—
	(i)	the person’s employer and a corrections officer; and
	(ii)	a person conducting an approved activity or program attended by the person; 
	(q)	the person must not have possession or control of a firearm, prohibited weapon, prohibited article or offensive weapon;
	(r)	the person must comply with all reasonable directions of a corrections officer, including, for example, directions about any of the following:
	(i)	associating with particular people; 
	(ii)	obtaining, being available for or keeping employment; 
	(iii)	attending or taking part in an approved activity or program; 
	(iv)	operating the electronic monitoring system for the person; 
	(v)	carrying out not more than 20 hours per week of community service work when not otherwise employed.
8	Standards conditions of parole—Act, s 38 (1) (a)
The standard conditions to which a parole order for a person is subject are as follows:
	(a)	the person must be of good behaviour and must not commit any new offence;
	(b)	the person must live only at premises approved by a corrections officer; 
	(c)	the person must report to a corrections officer at the times and places nominated by the officer;
Example
The places a corrections officer could nominate could include where the person’s ordinarily lives or works.
	(d)	the person must not use a prohibited substance, or abuse a prescribed substance that is lawfully obtained;
	(e)	the person must, if directed to do so by a corrections officer, submit to blood testing, breath testing, urinalysis and other test procedures for detecting alcohol or drug use by the person;
	(f)	the person must authorise the person’s doctor, therapist or counsellor to give information about the person to a corrections officer;
	(g)	the person must not leave the ACT for longer than 1 day without the prior written permission of a corrections officer;
	(h)	the person must comply with all conditions to which a permission to leave the ACT is subject;
	(i)	the person must not leave Australia without the board’s prior written permission;
	(j)	the person must not have possession or control of a firearm, prohibited weapon, prohibited article or offensive weapon;
	(k)	the person must comply with all reasonable directions of a corrections officer, including, for example, directions about any of the following:
	(i)	associating with particular people; 
	(ii)	visiting any place, including a particular suburb;
	(iii)	obtaining, being available for or keeping employment; 
	(iv)	attending or taking part in an approved activity or program.

Dictionary
(see reg 3)
Note 1	The Legislation Act 2001 contains definitions and other provisions relevant to these regulations.
Note 2	In particular, the Legislation Act 2001, dict, pt 1, defines the following terms:
·	ACT
·	doctor.
approved activity or program, for a person, means a personal development activity, or a treatment, counselling, rehabilitative, educational or vocational program, approved for the person by a corrections officer.
board—see the Act, dictionary.
drug of dependence—see the Drugs of Dependence Act 1981, section 3 (1).
drugs and poisons standard—see the Poisons and Drugs Act 1978, dictionary.
firearm—see the Firearms Act 1996, section 4.
offensive weapon—see the Crimes Act 1900, dictionary.
parental responsibility—see the Children and Young People Act 1999, section 17.
prescribed substance means—
	(a)	a drug of dependence; or
	(b)	a substance mentioned in the drugs and poisons standard, schedule 2, 3 or 4.
prohibited article—see the Prohibited Weapons Act 1996, section 3 (1).
prohibited substance—see the Drugs of Dependence Act 1981, section 3 (1).
prohibited weapon—see the Prohibited Weapons Act 1996, section 3 (1).
young person—see the Act, dictionary.

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	RI = reissue	
LR = legislation register	s = section/subsection	
LRA = Legislation (Republication) Act 1996	sch = schedule	
mod = modified / modification	sdiv = subdivision	
No = number	sub = substituted	
num = numbered	SL  = Subordinate Law	
o = order	underlining = whole or part not commenced	
om = omitted/repealed	or to be expired	
3	Legislation history
Rehabilitation of Offenders (Interim) Regulations 2001 No 39
notified LR 24 September 2001
reg 1, reg 2 commenced 24 September 2001 (LA s 75)
remainder commenced 24 September 2001 (reg 2)
as amended by
Statute Law Amendment Act 2002 No 30 pt 3.60
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.60 commenced 17 September 2002 (s 2 (1))
Statute Law Amendment Act 2002 (No 2) No 49 pt 3.18
notified LR 20 December 2002 
s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
pt 3.18 commenced 17 January 2003 (s 2 (1))
4	Amendment history
Commencement
s 2	om R1 (LA s 89 (4))
Dictionary
dict	am Act 2002 No 30 amdt 3.661
	def drugs and poisons standard sub Act 2002 No 49 amdt 3.221

5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	not amended	24 September 2001	
2	Act 2002 No 30	17 September 2002	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2003