Offences relating to monitoring device and related monitoring equipment
act-s76D — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.