Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 76DAB

  (1)   A person commits an offence if:

  (a)   the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and

  (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

  (c)   the person fails to comply with the requirement of the condition.

Penalty:   5 years imprisonment or 300 penalty units, or both.

  (2)   Subsection   (1) does 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 ).