104.27
In forceOffence for contravening a control order
ScheduleThe Criminal Code
Volume 1s 1-5, sch (s 1.1-261.3)
Chapter 5The security of the Commonwealth
Part 5.3Terrorism
Division 104Control orders
Subdivision GOffences relating to control orders
104.27 Offence for contravening a control order
(1)
A person commits an offence if:
(a)
a control order is in force in relation to the person; and
(b)
the person contravenes the order.
Note:
A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23).
Penalty: Imprisonment for 5 years.
(2)
Subsection (1) does not apply if the person contravenes the order because the person is detained in non‑prison custody.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (2). See subsection 13.3(3).
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