Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.3 - Terrorism  

Division 104 - Control orders  

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History

Div 104 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

Subdivision G - Offences relating to control orders  

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History

Subdiv G heading substituted by No 82 of 2016, s 3 and Sch 3 item 2, effective 30 November 2016. The heading formerly read:

Subdivision G - Contravening a control order

Subdiv G inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

SECTION 104.27   Offence for contravening a control order  

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(1)    
A person commits an offence if:

(a)    a control order is in force in relation to the person; and

(b)    the person contravenes the order.

Note:

A court that is sentencing a person who has been convicted of an offence against this section may be required to warn the person about continuing detention orders and extended supervision orders (see section 105A.23 ).

Penalty: Imprisonment for 5 years.

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History

S 104.27 amended by No 131 of 2021, s 3 and Sch 1 items 30A and 31, by inserting " (1) " before " A person " and the note, effective 9 December 2021.

S 104.27 inserted by No 144 of 2005, s 3 and Sch 4 item 24, effective 15 December 2005. For review provisions, see note under definition of " advocate " in s 102.1.

(2)    

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Subsection (1) does not apply if the person contravenes the order because the person is detained in non-prison custody.

Note:

A defendant bears an evidential burden in relation to the matter in subsection (2) . See subsection 13.3(3) .

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History

S 104.27(2) inserted by No 131 of 2021, s 3 and Sch 1 item 31A, effective 9 December 2021.

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