Section 76DAB — Offence relating to requirement not to go within certain distance of a school etc.

76DAB Offence relating to requirement not to go within certain distance of a school etc.

(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 that the person not go within a particular distance of a school, childcare centre or day care centre; and

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

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

(2) Subsection (1) does 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).