Section 76DAC — Migration Act 1958: Offence relating to requirement not to contact victim of offence etc.

(1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the person has been convicted of an offence involving violence or sexual assault; and (c) the visa is subject to a condition requiring that the person not contact or attempt to contact: (i) the victim of the offence; or (ii) a member of the victim’s family; and (d) the person fails to comply with the requirement of the condition. 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). (3) Without limiting what may be taken to be a reasonable excuse for the purposes of subsection (2), it is, for the purposes of that subsection, a reasonable excuse for failing to comply with the requirement of the condition if: (a) the person referred to in subparagraph (1)(c)(i) or (ii): (i) is at least 16 years of age; and (ii) voluntarily consents to the contact or attempted contact; and (iii) has capacity to give that consent; or (b) the contact or attempted contact is (or would, but for this Act or the regulations, be) required or authorised by or under a law of the Commonwealth, a State or a Territory.