Restraining Orders Act 1997

In this section —

includes a finding or admission of guilt despite a conviction not being recorded under the Young Offenders Act 1994 section 55; and

does not include a conviction that has been set aside or quashed;

an offence under section 61(1), (1A) or (2a); or

an offence under The Criminal Code section 338E committed in the circumstances of aggravation in which the conduct of the offender in committing the offence constituted the breach of an order, other than an order under Part 1C, made or registered under this Act or to which this Act applies.

This section applies if a person —

is convicted of a relevant offence (the qualifying relevant offence); and

has committed, and been convicted of, at least 2 offences that are also relevant offences (the previous relevant offences) within the period of 2 years before the person’s conviction of the qualifying relevant offence.

For the purposes of subsection (2)(b) each of the previous relevant offences is to be counted, regardless of whether the convictions for them —

were recorded before or after the date on which the qualifying relevant offence, or any of the previous relevant offences, was committed; or

have been counted in sentencing under this section for a different relevant offence.

For the purposes of subsection (2)(b), convictions for 2 or more previous relevant offences committed on the same day are to be treated as a single conviction.

This section applies despite the Sentencing Act 1995 and the Young Offenders Act 1994.

Except as provided in subsection (6), if the person is a child a penalty must be imposed on the person for the qualifying relevant offence that is or includes —

imprisonment under the Young Offenders Act 1994 section 118(1)(a); or

detention under the Young Offenders Act 1994 section 118(1)(b).

Except as provided in subsection (6), if the person is not a child a penalty must be imposed on the person for the qualifying relevant offence that is or includes imprisonment.

A court may decide not to impose a penalty on the person that is or includes imprisonment or detention, as the case requires, if —

imprisonment or detention would be clearly unjust given the circumstances of the offence and the person; and

the person is unlikely to be a threat to the safety of a person protected or the community generally.

A court that does not, because of subsection (6), impose a penalty on a person that is or includes imprisonment or detention must give written reasons why imprisonment or detention was not imposed.

In subsection (7) —

given orally and subsequently transcribed; or

given orally but also recorded electronically in a format that enables them to be subsequently transcribed.