Non-association and place restriction orders
33D Non-association and place restriction orders
This section applies to any offence that is punishable by imprisonment for 6 months or more, whether or not the offence is also punishable by fine.
When sentencing a person for an offence to which this section applies, a court that has made an order under section 33 (subsection (1) (a) (i), (c1) and (c2) excepted) may make either or both of the following orders in respect of the person—
a non-association order, being an order prohibiting the person from associating with a specified person for a specified term, or
a place restriction order, being an order prohibiting the person from frequenting or visiting a specified place or district for a specified term,
if it is satisfied that it is reasonably necessary to do so to ensure that the person does not commit any further offences to which this section applies.
An order under subsection (2) (a) is to be one of the following—
a limited non-association order, being an order prohibiting the person from being in company with a specified person except at the times or in such circumstances (if any) as are specified,
an unlimited non-association order, being an order prohibiting the person—
from being in company with a specified person, and
from communicating with that person by any means.
An order under subsection (2) (b) is to be one of the following—
a limited place restriction order, being an order prohibiting the person from frequenting or visiting a specified place or district except at the times or in such circumstances (if any) as are specified,
an unlimited place restriction order, being an order prohibiting the person from frequenting or visiting a specified place or district at any time or in any circumstance.
The term of an order under this section is not limited by any term of detention imposed for the offence, but must not exceed 12 months.
This section does not limit the kinds of prohibition or restriction that may be imposed on a person by means of any other order or direction under this or any other Act (such as an order under section 33 providing for a person to enter into a good behaviour bond or releasing a person on probation), so that such an order or direction may include prohibitions of the kind referred to in subsections (2) and (3).
Part 8A of the Crimes (Sentencing Procedure) Act 1999 applies to and in respect of a non-association order or place restriction order under this section in the same way as it applies to and in respect of a non-association order or place restriction order under that Act.
In the application of section 100G of the Crimes (Sentencing Procedure) Act 1999 to or in respect of a non-association order or place restriction order under this section, a reference in that section to the Local Court is to be read as a reference to the Children’s Court.
In this section, associate with means—
to be in company with, or
to communicate with by any means (including post, facsimile, telephone and email).
This Act’s bill:Explanatory memorandum
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