George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Hansard source

First of all, Senator, you have omitted the most important words. The requirement is that they notify an AFP member as soon as practicable but no later than four hours 'after becoming so aware'. So the relevant four-hour period does not commence to run from the time at which the tracking device is not in good working order but from the time after which the person becomes aware that the tracking device is not in good working order—and that is a very important difference.

The question you have asked is mostly a technical question but the policy that underlies this is to encourage a proactive relationship between the person obliged to wear the tracking device and the AFP. The idea is that the person who is the subject of the control order requiring the wearing of the tracking device is encouraged to maintain regular and frequent communication with the AFP, and the arrangements that will be made and will be the subject of the terms of the control order would specify that. In other words, the person who has to wear the tracking device is not merely a passive participant here; they are required to ensure that they stay in touch and cooperate fully with the scheme. If they become aware that the tracking advice is not working, howsoever, then the obligation to make the police aware of that matter applies and they have four hours to do so.