Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 9 - DANGERS TO THE COMMUNITY  

Part 9.10 - Community safety orders  

Division 395 - Community safety orders  

Subdivision G - Offences relating to community safety supervision orders  

SECTION 395.38   Offence for contravening a community safety supervision order  

(1)    
A person commits an offence if:

(a)    a community safety supervision order is in force in relation to the person, and not suspended under section 395.41 or 395.42 ; and

(b)    the person engages in conduct; and

(c)    the conduct contravenes a condition the order imposes; and

(d)    if the condition is an exemption condition - there is no exemption in force at the time the conduct is engaged in that exempts the person from the application of the condition.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(2)    
A person commits an offence if:

(a)    a community safety supervision order is in force in relation to the person, and not suspended under section 395.41 or 395.42 ; and

(b)    the order includes an exemption condition; and

(c)    an exemption is in force in relation to the condition; and

(d)    a direction is specified in relation to the exemption condition under subparagraph 395.15(5)(b)(ii) ; and

(e)    the person engages in conduct; and

(f)    the conduct contravenes the direction.

Penalty: Imprisonment for 5 years or 300 penalty units, or both.

(3)    
Subsections (1) and (2) do not apply if the person has a reasonable excuse.

Note:

A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) ).