Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p35
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 35/268)
Character Range: 458229–460889

failure to comply with paragraph (1)(d) does not make the control order ineffective to any extent.

If person is 14 to 17
 (5) As soon as practicable after a control order in relation to a person who is 14 to 17 years of age is varied under section 104.24, an AFP member must take reasonable steps to serve a copy of the varied order personally on at least one parent or guardian of the person.

Subdivision G—Offences relating to control orders

104.27  Offence for contravening a control order
 (1) A person commits an offence if:
 (a) a control order is in force in relation to the person; and
 (b) the person contravenes the order.
Note: A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).
Penalty: Imprisonment for 5 years.
 (2) Subsection (1) does not apply if the person contravenes the order because the person is detained in non‑prison custody.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).

104.27A  Offence relating to monitoring devices
 (1) A person commits an offence if:
 (a) a control order is in force in relation to the person; and
 (b) the control 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.
Note: A court that is sentencing a person who has been convicted of an offence against this subsection may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).
Penalty: Imprisonment for 5 years.
 (2) A person (the perpetrator) commits an offence if:
 (a) the perpetrator knows that, or is reckless as to whether, a control order is in force in relation to another person; and
 (b) the perpetrator knows that, or is reckless as to whether, the control order requires the other person to wear a monitoring device; and
 (c) the perpetrator 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.

Subdivision H—Special rules for young people (14 to 17)

104.28  Special rules for young people

Rule for people under 14
 (1) A control order cannot be requested, made or confirmed in relation to a person who is under 14 years of age.

Rule for people 14 to 17
 (2) If an issuing court is satisfied that