Section 76DACMigration Act 1958 (Cth)

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.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

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