Western Australian Current Acts Western Australian Current Acts (1) In this section
—
monitoring equipment means any device or equipment
(and any related wiring or other item) that is —
(a)
designed or intended to keep a person under surveillance or to monitor a
person’s movements; and
(b)
required to be worn by a person, or to be installed at a place, under this
Act, the Sentencing Act 1995 or the Bail Act 1982 .
(1A) The CEO may give
a person who is, or who has been, the subject of a direction or order to wear
monitoring equipment a direction to be available at a specified place and time
in order to surrender or deliver the monitoring equipment to the CEO.
(2) The CEO may give
the occupier of a place where monitoring equipment is installed a direction to
deliver the monitoring equipment to the CEO within a specified period.
(3) A person who,
without reasonable excuse, fails to comply with, or contravenes, a direction
given under subsection (1A) or (2) commits an offence.
Penalty for this subsection: a fine of $12 000 or
imprisonment for 12 months.
(4) A CCO may, at any
time, enter a place where monitoring equipment is installed to retrieve the
monitoring equipment.
(5) A person who
hinders a CCO exercising the power in subsection (4) commits an offence.
Penalty for this subsection: a fine of $12 000 or
imprisonment for 12 months.
(6) A person who,
without reasonable excuse, damages, removes or interferes with, or interferes
with the operation of, any monitoring equipment in such a way as to prevent or
impede monitoring of a person’s location, commits an offence.
Penalty for this subsection: imprisonment for 3
years and a fine of $36 000.
(7) A court sentencing
a person convicted of an offence under subsection (6), committed at a time
when the person had reached 18 years of age, must, unless it would be clearly
unjust given the circumstances of the offence and the person —
(a)
sentence the person to a term of imprisonment of at least 6 months; and
(b) not
suspend the term of imprisonment.
(8) Subsection (7)
applies despite the Sentencing Act 1995 section 86.
[Section 118 amended: No. 13 of 2020 s. 19; No. 6
of 2024 s. 4.]