Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p17
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 17/38)
Character Range: 60779–63594

any such equipment or accessing such data (or both).
Note 1: For paragraphs (b) and (c), restrictions apply to the use of photographs or impressions of fingerprints (see section 395.16).
Note 2: For paragraph (d), see also section 395.17 (obligations relating to monitoring devices).
 (8) A power exercised under a condition imposed in accordance with subsection (7) (other than a power to give a direction) may be exercised only if the person exercising the power is satisfied that it is reasonably necessary to do so in order to:
 (a) give effect to the order; or
 (b) facilitate or monitor compliance with the order.

Access to lawyers
 (9) This section does not affect the offender's right to contact, communicate or associate with the offender's lawyer unless the offender's lawyer is a specified individual, or an individual in a specified class of individuals, as mentioned in paragraph (5)(g). If the offender's lawyer is so specified, the offender may contact, communicate or associate with any other lawyer who is not so specified.

References to work
 (10) In subsection (5), a reference to work includes a reference to voluntary work.

395.15  Conditions where exemptions may be granted
 (1) A Supreme Court of a State or Territory that makes a community safety supervision order in relation to a serious offender may specify conditions included in the order that are to be exemption conditions.
 (2) An exemption condition is a condition specified in the order from which the offender may apply for a temporary exemption.
 (3) The Court may make provision in relation to applications for temporary exemptions.
 (4) The offender may apply, in writing, to a specified authority for an exemption from an exemption condition. The application must:
 (a) include a reason for the exemption; and
 (b) comply with any other requirements provided for under subsection (3).
 (5) If the offender so applies, the specified authority may:
 (a) require further information to be provided by the offender before making a decision in relation to the application; and
 (b) either:
 (i) grant or refuse the exemption; or
 (ii) grant the exemption subject to any reasonable directions specified in writing by the specified authority.

395.16  Treatment of photographs and impressions of fingerprints
 (1) A photograph, or an impression of fingerprints, taken of or from a serious offender as mentioned in paragraph 395.14(7)(b) or (c) must be used only for the purpose of ensuring compliance with a community safety supervision order relating to the offender.
 (2) The photograph or the impression must be destroyed if:
 (a) no community safety supervision order has been in force in relation to the offender for 12 months; and
 (b) either:
 (i) no proceedings relating to a community safety supervision order relating to