Section 76B — Migration Act 1958: Offence relating to monitoring conditions of certain bridging visas

(1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) any of the following applies: (i) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future; (ii) the visa was granted under section 195A; (iii) if the non-citizen has previously held other Bridging R (Class WR) visas—the first of those visas was granted under section 195A; and (c) the visa is subject to a monitoring condition; and (d) the person fails to comply with a requirement of the monitoring condition. Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence. 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). (4) In this section: monitoring condition is a mandatory condition that: (a) requires the holder of a Subclass 070 (Bridging (Removal Pending)) visa to do any of the following things: (i) to notify the Minister or Department of specified matters within a specified period or before or by a specified day; (ii) to report at a specified time or times, and at a specified place or in a specified manner; (iii) to attend at a specified place, on a specified day and at a specified time; and (b) is not a prescribed condition.