Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.3 - Terrorism Division 105A - Post-sentence orders
View history note
Hide history noteA person commits an offence if: (a) an extended supervision order or an interim supervision order is in force in relation to the person, and not suspended under section 105A.18C ; 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 offender from the application of the condition.
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.
(2)
A person commits an offence if: (a) an extended supervision order or an interim supervision order is in force in relation to the person, and not suspended under section 105A.18C ; 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 105A.7C(5)(b)(ii) ; and (e) the person engages in conduct; and (f) the conduct contravenes the direction.
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.
(3)
Subsection (1) or (2) does not apply if the contravention of the condition or direction occurs because the person is detained in non-prison custody.
Note:
A defendant bears an evidential burden in relation to the matter in subsection (3) . See subsection 13.3(3) .
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