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:
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
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