Western Australian Current Acts

EMERGENCY MANAGEMENT ACT 2005 - SECT 70A

70A .         Electronic monitoring of persons in quarantine

        (1)         In this section —

        approved electronic monitoring device means —

            (a)         an electronic monitoring device that has been approved by the Minister for the purposes of this section; and

            (b)         any equipment, wires or other items associated with such a device.

        (2)         The State Emergency Coordinator may direct that a person is to be subject to electronic monitoring while the person is in quarantine if satisfied that it is necessary to monitor the location of the person during the quarantine period.

        (3)         A person is in quarantine while they are subject to a direction under section 70(1) that is or includes a direction described in section 70(1)(b).

        (4)         If a person is subject to electronic monitoring, an authorised officer may do any of the following —

            (a)         direct the person to wear an approved electronic monitoring device;

            (b)         direct the person to permit the installation of an approved electronic monitoring device at the place where the person resides or, if the person does not have a place of residence, at any other place specified by the officer;

            (c)         give any other reasonable direction to the person necessary for the proper administration of the electronic monitoring of the person.

        (5)         An authorised officer may —

            (a)         direct the occupier of a place where an approved electronic monitoring device has been installed to give the device to an authorised officer within the period specified by the officer; and

            (b)         at any time, enter a place where an approved electronic monitoring device has been installed and retrieve the device.

        (6)         A person must not —

            (a)         fail to comply with a direction under this section; or

            (b)         obstruct or hinder an authorised officer exercising powers under subsection (5)(b).

        Penalty for this subsection: imprisonment for 12 months or a fine of $12 000.

        (7)         A person must not, without reasonable excuse, remove, or interfere with, or interfere with the operation of, an approved electronic monitoring device required to be worn or installed under this section in such a way as to prevent or impede monitoring of the location of the person subject to electronic monitoring.

        Penalty for this subsection: imprisonment for 12 months or a fine of $12 000.

        [Section 70A inserted: No. 11 of 2020 s. 6.]