Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Act 2021 (131 of 2021)

Schedule 1   Extended supervision orders

Part 1   Main amendments

Criminal Code Act 1995

133   After Subdivision E of Division 105A of the Criminal Code

Insert:

Subdivision EA - Offences relating to extended supervision orders and interim supervision orders

105A.18A Offence for contravening an extended supervision order or an interim supervision order

(1) A person commits an offence if:

(a) an extended supervision order or an interim supervision order is in force in relation to the person, and not suspended under section 105A.18C; and

(b) the person engages in conduct; and

(c) the conduct contravenes a condition the order imposes; and

(d) if the condition is an exemption condition - there is no exemption in force at the time the conduct is engaged in that exempts the offender from the application of the condition.

Note: A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).

Penalty: Imprisonment for 5 years.

(2) A person commits an offence if:

(a) an extended supervision order or an interim supervision order is in force in relation to the person, and not suspended under section 105A.18C; and

(b) the order includes an exemption condition; and

(c) an exemption is in force in relation to the condition; and

(d) a direction is specified in relation to the exemption condition under subparagraph 105A.7C(5)(b)(ii); and

(e) the person engages in conduct; and

(f) the conduct contravenes the direction.

Note: A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).

Penalty: Imprisonment for 5 years.

(3) Subsection (1) or (2) does not apply if the contravention of the condition or direction occurs because the person is detained in non-prison custody.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3).

105A.18B Offence relating to monitoring devices

(1) A person commits an offence if:

(a) an extended supervision order or interim supervision order is in force in relation to the person, and not suspended under section 105A.18C; 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.

Note: A court that is sentencing a person who has been convicted of an offence against this subsection may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).

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, an extended supervision order or interim supervision order is in force in relation to another person; and

(b) the order is not suspended under section 105A.18C; 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.

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