Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 104 - Control orders  

Subdivision B - Making an interim control order  

SECTION 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)    a monitoring device is installed on the person; and

(b)    any of the following events occurs:

(i) the monitoring condition is removed from the order;

(ii) the order ceases to be in force;

(iii) the person is detained in custody;

the device and any related monitoring equipment may be removed in accordance with paragraph (2)(d) or (e) even though no authorisation under subsection (2) is in force.

Note:

For the definition of detained in custody , see subsection 100.1(1) .

Powers relating to monitoring devices and related electronic equipment

(4)    
Before exercising a power referred to in paragraph (2)(a) , (b) , (d) or (e) , or subsection (3) , a specified authority, police officer or corrective services officer must inform the person:

(a)    that the device and equipment are to be installed, repaired, fitted or removed (as the case requires); and

(b)    of the proposed timing of the taking of the action; and

(c)    that the person may consent to the taking of the action; and

(d)    that if consent is not given, reasonable force may be used to take the action, or to enter the person ' s residence in order to take the action.

(5)    
If the person does not give consent, reasonable force may be used by a police officer to take the action, or to enter the person ' s residence in order to take the action.