Offence relating to monitoring conditions of certain bridging visas
act-s76B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

76B Offence relating to monitoring conditions of certain bridging
         visas
          (1) A person commits an offence if:
               (a) the person holds a Subclass 070 (Bridging (Removal
                   Pending)) visa; and
               (b) any of the following applies:
                     (i) at the time the visa was granted, there was no real
                         prospect of the removal of the person from Australia
                         becoming practicable in the reasonably foreseeable
                         future;
                    (ii) the visa was granted under section 195A;
                   (iii) if the non-citizen has previously held other Bridging R
                         (Class WR) visas—the first of those visas was granted
                         under section 195A; and
               (c) the visa is subject to a monitoring condition; and
               (d) the person fails to comply with a requirement of the
                   monitoring 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.
          (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).










          (4) In this section:
               monitoring condition is a mandatory condition that:
                (a) requires the holder of a Subclass 070 (Bridging (Removal
                    Pending)) visa to do any of the following things:
                      (i) to notify the Minister or Department of specified
                          matters within a specified period or before or by a
                          specified day;
                     (ii) to report at a specified time or times, and at a specified
                          place or in a specified manner;
                    (iii) to attend at a specified place, on a specified day and at a
                          specified time; and
                (b) is not a prescribed condition.