Offence to contravene or fail to comply with restraining order
99I Offence to contravene or fail to comply with restraining order
A person who contravenes or fails to comply with a restraining order or a registered foreign restraining order is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
If a police officer has reason to suspect that a person has committed an offence against subsection (1), the officer may, without warrant, arrest and detain that person.
A person arrested and detained under subsection (2) must be brought before the Magistrates Court as soon as practicable, and, in any event, not more than 24 hours after arrest, to be dealt with for the offence.
In calculating the time that has elapsed since arrest for the purposes of subsection (3), no period falling on a Saturday, Sunday or public holiday will be counted.
If—
a person is convicted of an offence of contravening or failing to comply with a restraining order under section 99AA;
and
the offence involved the use of a computer or other device capable of being used to gain access to the internet that is owned by the convicted person, the computer or device is forfeited to the Crown and may be dealt with and disposed of in such manner as the Minister may direct.
If a restraining order is made under section 99AAC for the protection of a child, the child cannot be convicted of an offence of aiding, abetting, counselling or procuring the commission of an offence against subsection (1) relating to a contravention of, or failure to comply with, the restraining order.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.