Counter-Terrorism Legislation Amendment Act (No. 1) 2016 (82 of 2016)

Schedule 3   Control orders and tracking devices

Criminal Code Act 1995

3   At the end of Subdivision G of Division 104 of Part 5.3 of the Criminal Code

Add:

104.27A Offence relating to tracking 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 tracking 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 tracking device.

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 tracking 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 tracking device.

Penalty: Imprisonment for 5 years.