76DOffences relating to monitoring device and related monitoring equipment

76D  Offences relating to monitoring device and related monitoring equipment Requirement to wear monitoring device at all times  (b) the visa is subject to a condition requiring the person to wear a monitoring device at all times; and Requirement to fit a monitoring device etc.  (2) A person commits an offence if:  (b) the visa is subject to a condition requiring the person to allow an authorised officer to fit, install, repair or remove:  (i)  the person’s monitoring device; or  (ii) any related monitoring equipment for the person’s monitoring device; and Requirements relating to good working order of monitoring device etc.  (3) A person commits an offence if:  (b) the visa is subject to a condition requiring the person to take any specified steps, and any other reasonable steps, to ensure that the following remain in good working order:  (i)  the person’s monitoring device;  (ii) any related monitoring equipment for the person’s monitoring device; and  (4) A person commits an offence if:  (b) the visa is subject to a condition requiring that, if the person becomes aware that:  (i) the person’s monitoring device is not in good working order; or  (ii) any related monitoring equipment for the person’s monitoring device is not in good working order;   the person must notify an authorised officer of that as soon as practicable; and Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence. Exception  (6) Subsections (1), (2), (3) and (4) do not apply if the person has a reasonable excuse. 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 device means any electronic device capable of being used to determine or monitor the location of a person or an object or the status of an object. related monitoring equipment, for a monitoring device, means any electronic equipment necessary for operating the monitoring device. 76DAA  Offence relating to requirement not to perform certain work etc.  (b) the visa is subject to a condition requiring that the person not perform any work, or participate in any regular organised activity, involving more than incidental contact with another person who is a minor or other vulnerable person; and Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).  (3) For the purposes of paragraph (1)(b), it does not matter whether the work or activity is for reward or otherwise. 76DAB  Offence relating to requirement not to go within certain distance of a school etc.  (b) the visa is subject to a condition requiring that the person not go within a particular distance of a school, childcare centre or day care centre; and Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). 76DAC  Offence relating to requirement not to contact victim of offence etc.  (b) the person has been convicted of an offence involving violence or sexual assault; and  (c) the visa is subject to a condition requiring that the person not contact or attempt to contact:  (i) the victim of the offence; or  (ii) a member of the victim’s family; and  (d) the person fails to comply with the requirement of the condition. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code).  (3) Without limiting what may be taken to be a reasonable excuse for the purposes of subsection (2), it is, for the purposes of that subsection, a reasonable excuse for failing to comply with the requirement of the condition if:  (a) the person referred to in subparagraph (1)(c)(i) or (ii):  (i) is at least 16 years of age; and  (ii) voluntarily consents to the contact or attempted contact; and  (iii) has capacity to give that consent; or  (b) the contact or attempted contact is (or would, but for this Act or the regulations, be) required or authorised by or under a law of the Commonwealth, a State or a Territory. 76DA  Mandatory 1 year imprisonment for offences   If a person is convicted of an offence against section 76B, 76C, 76D, 76DAA, 76DAB or 76DAC, the court must impose a sentence of imprisonment of at least 1 year. 76E  Rules of natural justice do not apply to decision to grant certain bridging visas  (1) This section applies in relation to a decision to grant a non‑citizen a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) if the first visa is subject to one or more prescribed conditions.  (2) To avoid doubt, the rules of natural justice do not apply to the making of the decision.  (3) As soon as practicable after making the decision, the Minister must:  (a) give the non‑citizen, in the way that the Minister considers appropriate in the circumstances:  (i) a written notice that sets out the decision; and  (ii) any other prescribed information; and  (b) invite the person to make representations to the Minister, within the period and in the manner specified by the Minister, as to why the first visa should not be subject to one or more of the conditions prescribed for the purposes of subsection (1).  (4) The Minister must grant the non‑citizen another Subclass 070 (Bridging (Removal Pending)) visa (the second visa), under a prescribed provision of the regulations, that is not subject to any one or more of the conditions prescribed for the purposes of subsection (1) if:  (a) the non‑citizen makes representations in accordance with the invitation; and  (i) the Minister is not satisfied, on the balance of probabilities, that the non‑citizen poses a substantial risk of seriously harming any part of the Australian community by committing a serious offence; or  (ii) if the Minister is satisfied, on the balance of probabilities, that the non‑citizen poses the substantial risk mentioned in subparagraph (i)—the Minister is not satisfied, on the balance of probabilities, that the imposition of that condition, or those conditions, is reasonably necessary, and reasonably appropriate and adapted, for the purpose of protecting any part of the Australian community from serious harm by addressing that substantial risk. Note: If the Minister grants the second visa, the first visa will cease to be in effect, and the visa period for the first visa will end, on the grant of the second visa (see subsections 68(4) and (5)).  (4A) In determining whether to grant a visa in accordance with subsection (4), the Minister must decide whether to impose each condition prescribed for the purposes of subsection (1) in the same order as required by the regulations.  (5) The Minister must give the non‑citizen written notice of the decision and the reasons for the decision.  (6) To avoid doubt, nothing in this section prevents the grant, from time to time, of a Subclass 070 (Bridging (Removal Pending)) visa to the non‑citizen. serious offence has the same meaning as in Part 070 of Schedule 2 to the Migration Regulations 1994. 76F  Powers of officers etc. Powers relating to monitoring devices and related monitoring equipment  (1) An authorised officer may do all things necessary or convenient to be done for any of the following purposes in relation to a person who is subject to monitoring:  (a) installing, fitting, or removing the person’s monitoring device or related monitoring equipment for the person’s monitoring device;  (b) maintaining, repairing or otherwise keeping in good working order the person’s monitoring device or related monitoring equipment for the person’s monitoring device;  (c) operating or using the person’s monitoring device or related monitoring equipment for the person’s monitoring device;  (d) determining or monitoring the location of:  (i) the person; or  (ii) an object, or the status of an object, that relates to the person;   through the operation of a monitoring device or related monitoring equipment. Collection, use and disclosure of information  (2) An authorised officer may collect, use, or disclose to any other person, information (including personal information) for any of the following purposes:  (a) determining whether a requirement of a condition of a visa held by a person who is subject to monitoring is being, or has been, complied with;  (b) determining whether a person who is subject to monitoring has committed an offence against this Act or the regulations;  (c) protecting the community in relation to persons who are subject to monitoring;  (d) facilitating the location of a person subject to monitoring who is suspected of having failed to comply with a requirement of a condition of a visa held by the person;  (e) facilitating the location of a person who is or has been subject to monitoring in the event that either or both of the following apply:  (i) there is a real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future;  (ii) a visa held by the person ceases to be in effect;  (f) facilitating the performance of functions, and exercise of powers, of authorised officers under this Act (including this section) and the regulations in relation to persons who are or have been subject to monitoring. Powers may be exercised despite other laws  (3) An authorised officer may exercise a power under subsection (1) or (2) despite any other provision of:  (a) this Act or the regulations (other than regulations made for the purposes of subsection (4) of this section); or  (b) any other law of the Commonwealth, a State or a Territory (whether written or unwritten). Powers are exercisable subject to regulations  (4) An authorised officer’s exercise of a power under subsection (1) or (2) is subject to any conditions, restrictions or other limitations that are prescribed by the regulations for the purposes of this subsection. Other powers not limited  (5) The conferral of a power on an authorised officer by subsection (1) or (2) does not, by implication, limit any other powers that exist, or existed, for an authorised officer or any other person to do:  (a) a thing authorised by either of those subsections; or  (b) any other thing. authorised officer, when used in subsection (1) or (2), includes:  (a) a person who is authorised in writing by the Minister, the Secretary or the Australian Border Force Commissioner for the purposes of that provision; and  (b) a person who is included in a class of persons authorised in writing by the Minister, the Secretary or the Australian Border Force Commissioner for the purposes of that provision, including a person who becomes a member of the class after the authorisation is given. Note: This definition does not limit the definition of authorised officer in subsection 5(1). monitoring device has the same meaning as in section 76D. related monitoring equipment, for a monitoring device, has the same meaning as in section 76D. subject to monitoring: a person is subject to monitoring if the person holds a Subclass 070 (Bridging (Removal Pending)) visa that is subject to a condition requiring the person to wear a monitoring device at all times. Subdivision AG—Other provisions about visas