Commonwealth Consolidated Acts Commonwealth Consolidated ActsRequirement 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 ).
(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.