Document ID: chunk:federal_register_of_legislation:C2023A00110:clause:2_5:p33
Version: federal_register_of_legislation:C2023A00110
Segment Type: clause
Provision Reference: sch 2 cl 5 (pt 33/38)
Character Range: 100921–103678

in force in relation to the condition; and
 (d) a direction is specified in relation to the exemption condition under subparagraph 395.15(5)(b)(ii); and
 (e) the person engages in conduct; and
 (f) the conduct contravenes the direction.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (3) Subsections (1) and (2) 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)).

395.39  Offence relating to monitoring devices
 (1) A person commits an offence if:
 (a) a community safety supervision order is in force in relation to the person, and not suspended under section 395.41 or 395.42; and
 (b) the order requires the person to wear a monitoring device; and
 (c) the person engages in conduct; and
 (d) the conduct results in interference with, or disruption or loss of, a function of the monitoring device or any related monitoring equipment.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator knows that, or is reckless as to whether, a community safety supervision order is in force in relation to another person; and
 (b) the order is not suspended under section 395.41 or 395.42; and
 (c) the perpetrator knows that, or is reckless as to whether, the order requires the other person to wear a monitoring device; and
 (d) the perpetrator engages in conduct; and
 (e) the conduct results in interference with, or disruption or loss of, a function of the monitoring device or any related monitoring equipment.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (3) Strict liability applies in relation to paragraph (2)(b).
 (4) Subsections (1) and (2) 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)).

395.40  Mandatory 1 year imprisonment for offences
  If a person is convicted of an offence against section 395.38 or 395.39, the Court must impose a sentence of imprisonment of at least 1 year.

Subdivision H—Miscellaneous

395.41  Detention under the Migration Act 1958
 (1) The fact that:
 (a) a community safety order is in force in relation to a serious offender; or
 (b) a serious offender is detained in accordance with a community safety detention order;
does not prevent the offender being detained under the Migration Act 1958.
Note: For example, the offender may be detained under the Migration Act 1958 if there is a real prospect of the removal of the offender from Australia becoming practicable in the reasonably foreseeable future.

Effect of detention on community safety orders
 (2)