Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p16
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 16/268)
Character Range: 412374–415193

any reasonable directions specified in writing by the specified authority.

104.5C  Treatment of photographs and impressions of fingerprints
 (1) If the issuing court, by the order, imposes on the person a condition referred to in paragraph 104.5A(2)(b) or (c), a photograph, or an impression of fingerprints, taken of or from the person in accordance with the order must be used only for the purpose of ensuring compliance with the order.
 (2) If:
 (a) no control order has been in force in relation to the person for 12 months; 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