Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision G - Offences relating to community safety supervision orders  

SECTION 395.39   Offence relating to monitoring devices  

(1)    
A person commits an offence if:

(a)    a community safety supervision order is in force in relation to the person, and not suspended under section 395.41 or 395.42 ; 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.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(2)    
A person (the perpetrator ) commits an offence if:

(a)    the perpetrator knows that, or is reckless as to whether, a community safety supervision order is in force in relation to another person; and

(b)    the order is not suspended under section 395.41 or 395.42 ; 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 or 300 penalty units, or both.

(3)    
Strict liability applies in relation to paragraph (2)(b) .

(4)    
Subsections (1) and (2) do not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).