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reg 31G

Compliance by accused person with electronic monitoring

In force
Part 4Bail conditions
Division 4Mandatory electronic monitoring, serious domestic violence offences—the Act, s 28B(4)

31G Compliance by accused person with electronic monitoring

(1)

An accused person subject to an electronic monitoring condition must submit to an electronic monitoring transmitter being fitted to the accused person by an authorised person.

(2)

An accused person fitted with an electronic monitoring transmitter under this section must—

(a)

as soon as possible after being released on bail—

(i)

travel to the accused person’s residence, and

(ii)

contact an authorised person to establish that the transmitter and related equipment is functioning, and

(b)

keep the transmitter charged in accordance with directions given by an authorised person, and

(c)

keep the transmitter and all related equipment secure, and

(d)

immediately notify an authorised person of any concerns about the operation of the transmitter and related equipment, and

(e)

give an authorised person the accused person’s preferred email address and mobile phone number to enable an authorised person to contact the accused person, and

(f)

notify an authorised person of a change in the accused person’s preferred email address and mobile phone number within 24 hours after the change occurs, and

(g)

not remove, damage, disable or otherwise interfere with the transmitter or related equipment, and

(h)

comply with all other reasonable directions of the Commissioner or an authorised person about the transmitter or related equipment, including a direction requiring the accused person to—

(i)

attend at a specified place and time for testing or maintenance of the transmitter or related equipment, or

(ii)

return the transmitter or related equipment to a specified place at a specified time, or

(iii)

allow the collection of the transmitter or related equipment from the person’s residence, or

(iv)

allow an authorised person to enter the person’s residence to test, and take action necessary for the effective functioning of, the transmitter or related equipment.

Note—

Failure of an accused person to comply with an obligation under this section may be dealt with under the Act, Part 8, as a breach of a bail condition.

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