Document ID: chunk:federal_register_of_legislation:C2023A00096:clause:2_11:p5
Version: federal_register_of_legislation:C2023A00096
Segment Type: clause
Provision Reference: sch 2 cl 11 (pt 5/6)
Character Range: 30551–33388

and
 (b) either:
 (i) no proceedings relating to a control order relating to the person were on foot in that 12‑month period; or
 (ii) proceedings relating to a control order relating to the person were discontinued or completed within that 12‑month period;
the photograph or the impression must be destroyed as soon as practicable after the end of that 12‑month period.
 (3) A person commits an offence if:
 (a) the person engages in conduct; and
 (b) the conduct contravenes subsection (1).
Penalty: Imprisonment for 2 years.

104.5D  Obligations relating to monitoring devices

Additional obligations on person
 (1) If the issuing court, by the order, imposes on the person the condition referred to in paragraph 104.5A(2)(d) (the monitoring condition) that the person wear a monitoring device, then:
 (a) the monitoring condition must require the person to wear the monitoring device at all times; and
 (b) the order must include the condition referred to in paragraph 104.5A(2)(e); and
 (c) the order must include a condition that the person do all of the following:
 (i) allow a specified authority to enter the person's residence at any reasonable time for any purpose relating to the electronic monitoring of the person;
 (ii) allow a specified authority to install, repair or fit the monitoring device or any related monitoring equipment;
 (iii) take the steps specified in the order (if any) and any other reasonable steps to ensure that the monitoring device and any related monitoring equipment are or remain in good working order;
 (iv) if the person becomes aware that the monitoring device and any related monitoring equipment are not in good working order—notify a specified authority as soon as reasonably practicable;
 (v) allow a specified authority, police officer or corrective services officer to remove the monitoring device;
 (vi) allow a police officer to remove any related monitoring equipment.

Powers of specified authorities and others
 (2) After including the monitoring condition in the order, the issuing court must also include in the order an authorisation for:
 (a) one or more specified authorities to enter the person's residence as specified in the order at any reasonable time for any purpose relating to the electronic monitoring of the person; and
 (b) one or more specified authorities to install, repair or fit the monitoring device and any related monitoring equipment; and
 (c) one or more specified authorities or police officers to take the steps specified in the order to ensure that the device and any related monitoring equipment are or remain in good working order; and
 (d) one or more specified authorities, police officers or corrective services officers to remove the monitoring device; and
 (e) one or more police officers to remove any related monitoring equipment.
 (3) If:
 (a)