Offence to contravene serious crime prevention order
31 Offence to contravene serious crime prevention order
An individual who either—
knows that a serious crime prevention order that applies to them is in effect; or
is reckless as to that fact—
must not contravene a condition imposed under that order.
Penalty: 600 penalty units or imprisonment for 5 years or both.
An offence against subsection (1) is an indictable offence.
In proceedings for an offence against subsection (1), service of a copy of the serious crime prevention order is proof, in the absence of evidence to the contrary, that the individual to whom the order applies knows that a serious crime prevention order that applies to them is in effect.
In proceedings for an offence against subsection (1), if the contravention is constituted by the individual associating with another individual contrary to a condition imposed under the serious crime prevention order, it is not necessary for the prosecution to prove—
that the individual to whom the order applies associated with that other individual for any particular purpose; or
that the association would have led to the commission of any offence.
Pt 3 (Headings and ss 38–68) amended by Nos 55/2014 ss 73–81, 27/2016 ss 32–35, repealed by No. 37/2024 s. 42.
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This Act’s bill:Explanatory memorandumSecond reading speech
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