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Interfering with a Monitoring Device when It is a Condition of an Extended Supervision Order or Interim Supervision Order

Interfering with a monitoring device when it is a condition of an extended supervision order or interim supervision order is an offence under section 105A.18B(1) 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 were subject to an extended supervision order or interim supervision order,
  2. A condition of the order was to wear a monitoring device, and,
  3. You engaged in conduct resulting in interference with, or disruption or loss of a function of the device or any related monitoring equipment.

You are not guilty if your conduct occurred while your order was lawfully suspended.

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

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