Offence to contravene notice
602Q Offence to contravene notice
A person named in a police banning notice must not, without reasonable excuse, contravene the notice.Maximum penalty—60 penalty units.
Without limiting subsection (1), it is a reasonable excuse for the person not to comply with the police banning notice in relation to a relevant public place if—
the person enters the place to undertake a necessary task; and
it is impracticable for the person to undertake the necessary task outside of the place; and
the person remains in the place only for the period necessary to undertake the necessary task and then immediately leave the place.
In this section—necessary task—
means any of the following—
receive medical treatment;
comply with an obligation imposed by law;
access a service provided by, or on behalf of, a government;
access a support service;
obtain food, medicine or petrol;
use a banking service;
access public transport;
travel through a relevant public place to access another place outside the relevant public place; and
includes a task undertaken for the welfare of a person or animal in the care of the person undertaking the task.
obligation imposed by law includes—
an obligation imposed on a person by a court or tribunal, including, for example, any of the following—
a community based order within the meaning of the Youth Justice Act 1992;
a restorative justice process within the meaning of the Youth Justice Act 1992;
a community based sentence within the meaning of the Community Based Sentences (Interstate Transfer) Act 2020; and
a requirement for a person to appear before a court or tribunal; and
an obligation imposed on a person under an Act; and
for a person released on bail or parole—a condition of that bail or parole.
support service means a service provided by an organisation and intended to provide a person with counselling, housing, protection or other assistance.
This Act’s bill:Explanatory memorandum
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