Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.10 - Community safety orders
View history note
Hide history noteA 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) ).
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