Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 105A - Post-sentence orders  

Subdivision EA - Offences relating to extended supervision orders and interim supervision orders  

SECTION 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 paragraph (2)(b) .