# Offence relating to requirement not to contact victim of offence etc.

> act-s76DAC — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

76DAC Offence relating to requirement not to contact victim of
        offence etc.
          (1) A person commits an offence if:
               (a) the person holds a Subclass 070 (Bridging (Removal
                   Pending)) visa; and
               (b) the person has been convicted of an offence involving
                   violence or sexual assault; and
               (c) the visa is subject to a condition requiring that the person not
                   contact or attempt to contact:
                     (i) the victim of the offence; or
                    (ii) a member of the victim’s family; and
               (d) 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).

          (3) Without limiting what may be taken to be a reasonable excuse for
              the purposes of subsection (2), it is, for the purposes of that
              subsection, a reasonable excuse for failing to comply with the
              requirement of the condition if:
                (a) the person referred to in subparagraph (1)(c)(i) or (ii):
                      (i) is at least 16 years of age; and
                     (ii) voluntarily consents to the contact or attempted contact;
                          and









                     (iii) has capacity to give that consent; or
                 (b) the contact or attempted contact is (or would, but for this Act
                     or the regulations, be) required or authorised by or under a
                     law of the Commonwealth, a State or a Territory.