Defence and evidence
40 Defence and evidence
It is a defence to a prosecution for an offence against this
Division if the defendant did not know he or she was a controlled person and the defendant is a controlled person as a result of a control order being served on him or her only in 1 or more of the following ways:
by sending the order by prepaid post to premises at which the defendant did not, at the time of service, live or work;
by sending the order by fax to a fax number for premises at which the defendant did not, at the time of service, live or work;
by leaving the order with a person at premises at which the defendant did not, at the time of service, live or work.
For this Division, a control order made in relation to a person is conclusive evidence of the terms of the order.
This Act’s bill:Explanatory statementSecond reading speech
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