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
A person commits an offence if:
the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
the visa is subject to a condition requiring the person to wear a monitoring device at all times; and
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.
A person commits an offence if:
the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
the visa is subject to a condition requiring the person to allow an authorised officer to fit, install, repair or remove:
the person’s monitoring device; or
any related monitoring equipment for the person’s monitoring device; and
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.
A person commits an offence if:
the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
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:
the person’s monitoring device;
any related monitoring equipment for the person’s monitoring device; and
the person fails to comply with the requirement of the condition.
Penalty: 5 years imprisonment or 300 penalty units, or both.
A person commits an offence if:
the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
the visa is subject to a condition requiring that, if the person becomes aware that:
the person’s monitoring device is not in good working order; or
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
the person fails to comply with the requirement of the condition.
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
Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse.
A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
Definitions
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.
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