Document ID: chunk:federal_register_of_legislation:C2023A00093:clause:1_76b
Version: federal_register_of_legislation:C2023A00093
Segment Type: clause
Provision Reference: sch 1 cl 76B
Character Range: 5865–7278

76B  Offence relating to monitoring conditions of certain bridging visas
 (1) A person commits an offence if:
 (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and
 (b) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future; and
 (c) the visa is subject to a monitoring condition; and
 (d) the person fails to comply with a requirement of the monitoring 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.
 (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).
 (4) In this section:
monitoring condition is a mandatory condition that:
 (a) requires the holder of a Subclass 070 (Bridging (Removal Pending)) visa to do any of the following things:
 (i) to notify the Minister or Department of specified matters within a specified period or before or by a specified day;
 (ii) to report at a specified time or times, and at a specified place or in a specified manner;
 (iii) to attend at a specified place, on a specified day and at a specified time; and
 (b) is not a prescribed condition.