Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.