Western Australian Current Acts Western Australian Current Acts (1) The purpose of
electronic monitoring of an offender —
(a)
under subsection (2) is to enable the location of the offender to be monitored
where the offender presents a high risk to —
(i)
a person; or
(ii)
a group of persons; or
(iii)
the community more generally;
and
(b)
under subsection (2C) is to enable the location of the offender to be
monitored.
[(1A) deleted]
(2) If a court
considers that electronic monitoring should occur in a particular case, other
than a case referred to in subsection (2A), the court may impose a requirement
(an electronic monitoring requirement ) under this section.
(2A) Subsection (2C)
applies if —
(a) an
offence in respect of which an ISO may apply is a family violence offence
(category A) and —
(i)
the offender is bound by a family violence restraining
order; and
(ii)
the person against whom the family violence offence
(category A) was committed is protected by the family violence restraining
order;
or
(b) an
offence in respect of which an ISO may apply is a family violence offence
(category B) and the offender is a serial family violence offender.
(2B) For the purposes
of subsection (2A)(b), an offender is a serial family violence offender
whether the offender was so declared by —
(a) the
court referred to in subsection (2C) at the time of the offender’s
conviction for the family violence offence (category B); or
(b)
another court.
(2C) If subsection
(2A) applies and a court makes an ISO the court must impose a requirement
(also an electronic monitoring requirement ) for electronic monitoring in
respect of the offender under this section, unless the court is satisfied
there are exceptional circumstances.
(3) If an electronic
monitoring requirement is imposed, a CCO may do 1 or more of the following
—
(a)
direct the offender to wear an approved electronic monitoring device;
(b)
direct the offender to permit the installation of an approved electronic
monitoring device at the place where the offender resides or, if the offender
does not have a place of residence, at any other place specified by the CCO;
(c)
direct the offender to charge the approved electronic monitoring device so as
to ensure the device is at all times operational;
(d)
direct the offender to not enter 1 or more areas of the State stated in a
written notice given to the offender by the CCO.
(3A) A person given a
direction under subsection (3)(a), (b) or (c) must comply with the direction.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(3B) A person given a
direction subsection (3)(d) must comply with the direction, unless the person
has a reasonable excuse.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(4) The term of an
electronic monitoring requirement must be set by the court when it imposes the
requirement.
(5) An electronic
monitoring requirement ceases to be in force when its term ends, or when the
ISO ceases to be in force, whichever happens first.
(6) This section does
not apply to an offender who, at the time of sentencing, is under 18 years of
age.
Note for this section:
See the
Sentence Administration Act 2003 section 118A for an evidentiary provision
for proceedings for an offence against subsection (3A) or (3B).
[Section 76A inserted: No. 13 of 2020 s. 8;
amended: No. 30 of 2020 s. 22; No. 28 of 2024 s. 66.]