Offence of failing to comply with exclusion order
152NZI Offence of failing to comply with exclusion order
In this section —
specified exception, in relation to an exclusion order, means an exception to the prohibition in the order provided by a term or condition specified in the order.
A person commits an offence if —
the person is subject to an exclusion order that is in effect; and
the person enters or remains in a protected entertainment precinct at a time to which the prohibition in the order applies.
Penalty for this subsection: imprisonment for 2 years and a fine of $12 000.
It is a defence to a charge under subsection (2) for the accused to prove that at all times the offence is alleged to have been committed —
the accused entered or remained (as relevant) in the protected entertainment precinct in accordance with a specified exception; and
the accused was complying with any conditions on the specified exception.
Subsection (3) does not limit section 152NZK(3).
Subsection (2) does not apply if —
at the time the person is alleged to have committed the offence, the exclusion order had been varied but the variation had not yet taken effect under this Act; and
the person would not have committed an offence under subsection (2) if the variation had taken effect immediately upon it having been made.
[Section 152NZI inserted: No. 44 of 2022 s. 16.]
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