31INon-compliance caused by failure of electronic monitoring

#### 31I Non-compliance caused by failure of electronic monitoring 31I Non-compliance caused by failure of electronic monitoring > > (1) If at any time an authorised person determines the electronic monitoring transmitter fitted to an accused person, or related equipment, is not functioning effectively, whether for technical or other reasons, the authorised person must give notice to the following— > > > > > (a) a member of the NSW Police Force, > > > > > (b) the accused person or the accused person’s legal representative. > > > (2) Notice under this section must be given— > > > > > (a) within 2 days after an authorised person determines the electronic monitoring transmitter fitted to an accused person, or related equipment, is not functioning effectively, and > > > > > (b) in the way approved by the Commissioner. > > > (3) The NSW Police Force must ensure that notice received under this section is dealt with in accordance with the Act, section 77. > > > (4) If, following receipt of notice under this section, the accused person makes a variation application, the Court must list the application for hearing as soon as practicable. > > **s 31I:** Ins 2024 (522), Sch 1.