Document ID: chunk:federal_register_of_legislation:C2023A00093:clause:1_76d:p1
Version: federal_register_of_legislation:C2023A00093
Segment Type: clause
Provision Reference: sch 1 cl 76D (pt 1/2)
Character Range: 7962–10708

76D  Offences relating to monitoring device and related monitoring equipment

Requirement 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).

Definitions
 (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