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

Schedule 3   Control orders and tracking devices

Criminal Code Act 1995

1   After subsection 104.5(3) of the Criminal Code

Insert:

(3A) If the court imposes a requirement under paragraph (3)(d) that the person wear a tracking device, then the court must also impose on the person by the order a requirement that the person do all of the following:

(a) take steps specified in the order (if any) and reasonable steps to ensure that the tracking device and any equipment necessary for the operation of the tracking device are or remain in good working order;

(b) report to persons specified in the order (if any), at the times and places specified in the order (if any), for the purposes of having the tracking device inspected;

(c) if the person becomes aware that the tracking device or any equipment necessary for the operation of the tracking device is not in good working order - notify an AFP member as soon as practicable, but no later than 4 hours, after becoming so aware.

(3B) If the court imposes a requirement under paragraph (3)(d) that the person wear a tracking device, then the court must also include in the order an authorisation for one or more AFP members:

(a) to take steps specified in the order to ensure that the tracking device and any equipment necessary for the operation of the tracking device are or remain in good working order; and

(b) to enter one or more premises specified in the order for the purposes of installing any equipment necessary for the operation of the tracking device.