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Migration Act 1958
76BOffence relating to monitoring conditions of certain bridging visas
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76B Offence relating to monitoring conditions of certain bridging visas
(b) any of the following applies:
(i) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future;
(ii) the visa was granted under section 195A;
(iii) if the non‑citizen has previously held other Bridging R (Class WR) visas—the first of those visas was granted under section 195A; and
(c) the visa is subject to a monitoring condition; and
(d) the person fails to comply with a requirement of the monitoring condition.
Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence.
Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).
monitoring condition is a mandatory condition that:
(a) requires the holder of a Subclass 070 (Bridging (Removal Pending)) visa to do any of the following things:
(i) to notify the Minister or Department of specified matters within a specified period or before or by a specified day;
(ii) to report at a specified time or times, and at a specified place or in a specified manner;
(iii) to attend at a specified place, on a specified day and at a specified time; and
(b) is not a prescribed condition.