Commonwealth Consolidated Acts Commonwealth Consolidated ActsPowers 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.
(6) In this section:
"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.