Section 76D — Offences relating to monitoring device and related monitoring equipment

76D Offences relating to monitoring device and related monitoring equipment

Requirement to wear monitoring device at all times

(1) A person commits an offence if:

(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and

(b) the visa is subject to a condition requiring the person to wear a monitoring device at all times; and

(c) the person fails to comply with the requirement of the condition.

Penalty: 5 years imprisonment or 300 penalty units, or both.

Requirement to fit a monitoring device etc.

(2) A person commits an offence if:

(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and

(b) the visa is subject to a condition requiring the person to allow an authorised officer to fit, install, repair or remove:

(i) the person’s monitoring device; or

(ii) any related monitoring equipment for the person’s monitoring device; and

(c) the person fails to comply with the requirement of the condition. Penalty: 5 years imprisonment or 300 penalty units, or both.

Requirements relating to good working order of monitoring device etc.

(3) A person commits an offence if:

(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and

(b) the visa is subject to a condition requiring the person to take any specified steps, and any other reasonable steps, to ensure that the following remain in good working order:

(i) the person’s monitoring device;

(ii) any related monitoring equipment for the person’s monitoring device; and

(c) the person fails to comply with the requirement of the condition.

Penalty: 5 years imprisonment or 300 penalty units, or both.

(4) A person commits an offence if:

(a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and

(b) the visa is subject to a condition requiring that, if the person becomes aware that:

(i) the person’s monitoring device is not in good working order; or

(ii) any related monitoring equipment for the person’s monitoring device is not in good working order;

the person must notify an authorised officer of that as soon as practicable; and

(c) the person fails to comply with the requirement of the condition. Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.

Penalty: 5 years imprisonment or 300 penalty units, or both.

Exception

(6) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).

Definitions

(7) In this section: monitoring device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object.

related monitoring equipment, for a monitoring device, means any electronic equipment necessary for operating the monitoring device.