Document ID: chunk:federal_register_of_legislation:C2025C00060:section:2:p102
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 2 (pt 102/169)
Character Range: 1446102–1448837

the condition is an exemption condition—there is no exemption in force at the time the conduct is engaged in that exempts the person from the application of the condition.
Penalty: Imprisonment for 5 years or 300 penalty units, or both.
 (2) 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 includes an exemption condition; and
 (c) an exemption is 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)