Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105A - Post-sentence orders
View history note
Hide history noteA 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) .
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