124A

Association with individuals convicted of serious criminal offences prohibited

In force

S. 124A(1) amended by No. 37/2024 s. 6(1)(a).

(1)

An individual who has been served an unlawful association notice must not associate with an individual specified in that notice (the specified individual).

S. 124A (1)(a)(b) repealed by No. 37/2024 s. 6(1)(b).

* * * * *

Penalty: Imprisonment for 3 years or 360 penalty units or both.

(2)

An offence against subsection (1) is an indictable offence.

S. 124A(3) amended by No. 37/2024 s. 6(2).

(3)

Subsection (1) does not apply if the individual served an unlawful association notice associates with the specified individual and—

(a)

those individuals are family members; and

(b)

those individuals associate for a purpose that is not an ulterior purpose.

S. 124A(4) amended by No. 37/2024 s. 6(2).

(4)

Subsection (1) does not apply if the individual served an unlawful association notice associates with the specified individual in any of the following ways and that association is not for an ulterior purpose—

(a)

in the course of lawful employment or the lawful operation of a business;

(b)

in the course of participating in education or vocational training;

S. 124A(4)(ba) inserted by No. 37/2024 s. 9(1).

(ba)

in the course of doing any of the following while acting as a volunteer—

(i)

providing services or performing work in respect of the response to or mitigation of emergencies;

(ii)

otherwise performing a role or discharging a responsibility of an agency in accordance with the state emergency management plan;

(iii)

training to do a thing, or practising doing a thing, referred to in subparagraph (i) or (ii);

(iv)

being on active standby duty;

S. 124A(4)(bb) inserted by No. 37/2024 s. 9(1).

(bb)

travelling to or from a place for the purpose of doing a thing referred to in paragraph (ba);

S. 124A(4)(c) amended by No. 37/2024 s. 10(1).

(c)

while either or both of them are being provided a health service (including a service specified in subsection (4A) that is also a health service);

S. 124A(4)(ca) inserted by No. 37/2024 s. 10(2).

(ca)

while either or both of them are being provided a service specified in subsection (4A);

(d)

while either or both of them are being provided legal advice;

(e)

while in lawful custody or in the course of complying with an order, requirement or direction imposed by—

(i)

a court; or

(ii)

the Adult Parole Board; or

S. 124A (4)(e)(iia) inserted by No. 57/2017 s. 46(2).

(iia)

the Post Sentence Authority; or

S. 124A (4)(e)(iii) amended by No. 37/2024 s. 105.

(iii)

the Secretary to the Department of Justice and Community Safety;

(f)

for genuine political purposes, or in lawful protest or industrial action;

Note

See also section 11.

(g)

in accordance with a lawful association authority granted to the individual;

(h)

at a gazetted event or gathering.

S. 124A(4A) inserted by No. 37/2024 s. 10(3).

(4A)

The following services are specified for the purposes of subsection (4)(ca)—

(a)

drug and alcohol treatment services, including rehabilitation services;

(b)

services of assistance in relation to—

(i)

housing (including services for emergency housing and crisis accommodation); or

(ii)

financial matters;

(c)

services of assistance for homeless persons;

(d)

services of assistance for victims of family violence;

(e)

services to address the perpetration of family violence, including services that work with perpetrators to change their behaviour;

(f)

any other welfare services, including welfare services involving the supply of food.

S. 124A(4B) inserted by No. 37/2024 s. 11.

(4B)

Subsection (1) does not apply if—

(a)

the individual served with an unlawful association notice—

(i)

is descended from an Aboriginal person or a Torres Strait Islander; and

(ii)

identifies as an Aboriginal person or a Torres Strait Islander; and

(iii)

is accepted as an Aboriginal person or as a Torres Strait Islander by an Aboriginal or Torres Strait Islander community; and

(b)

the association occurs in the course of the individual—

(i)

engaging in a cultural practice; or

(ii)

performing a cultural obligation; and

(c)

the association is not for an ulterior purpose.

(5)

In this section—

S. 124A(5) def. of active standby duty inserted by No. 37/2024 s. 9(2).

active standby duty has the same meaning as in the Emergency Management Act 1986;

S. 124A(5) def. of agency inserted by No. 37/2024 s. 9(2).

agency has the same meaning as in the Emergency Management Act 1986;

S. 124A(5) def. of emergency inserted by No. 37/2024 s. 9(2).

emergency has the same meaning as in the Emergency Management Act 2013;

S. 124A(5) def. of mitigation inserted by No. 37/2024 s. 9(2).

mitigation has the same meaning as in the Emergency Management Act 2013;

S. 124A(5) def. of response inserted by No. 37/2024 s. 9(2).

response has the same meaning as in the Emergency Management Act 2013;

S. 124A(5) def. of state emergency management plan inserted by No. 37/2024 s. 9(2).

state emergency management plan has the same meaning as in the Emergency Management Act 2013;

ulterior purpose means—

(a)

the purpose to avoid the application of subsection (1); or

(b)

the purpose of planning, inciting or committing an offence; or

(c)

the purpose of expanding an organised criminal group or criminal network.

S. 124B inserted by No. 48/2015 s. 5.

This Act’s bill:Explanatory memorandum Second reading speech

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