Document ID: chunk:federal_register_of_legislation:C2025C00060:section:8:p118
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 8 (pt 118/268)
Character Range: 664905–667708

is engaged in that exempts the offender from the application of the condition.
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) A person commits an offence if:
 (a) an extended supervision order or an interim supervision order is in force in relation to the person, and not suspended under section 105A.18C; 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 105A.7C(5)(b)(ii); and
 (e) the person engages in conduct; and
 (f) the conduct contravenes the direction.
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.
 (3) Subsection (1) or (2) does not apply if the contravention of the condition or direction occurs because the person is detained in non‑prison custody.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).

105A.18B  Offence relating to monitoring devices
 (1) A person commits an offence if:
 (a) an extended supervision order or interim supervision order is in force in relation to the person, and not suspended under section 105A.18C; 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.
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, an extended supervision order or interim supervision order is in force in relation to another person; and
 (b) the order is not suspended under section 105A.18C; 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.
 (3) Strict liability applies in relation to