Interfering with the Monitoring Device of a Person Under an Extended Supervision Order or Interim Supervision Order

Interfering with the monitoring device of a person under an extended supervision order or interim supervision order Is an offence under section 105A.18B(2) of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 5 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You knew, or were reckless as to whether, an extended supervision order or interim supervision order was in force in relation to another person,
2. You knew, or were reckless as to whether, the order required the other person to wear a monitoring device, and,
3. You engaged in conduct causing interference with, or disruption or loss of a function of the monitoring device or related monitoring equipment.

You were ‘reckless’ if you were aware there was a substantial risk that the other person was subject to an extended supervision order or interim supervision order and there was also a substantial risk the order required the person to wear a monitoring device but went ahead with your actions regardless.

You are not guilty if the order had been lawfully suspended at the time of your conduct.

Self-defence, duress and necessity are defences to the charge