Criminal Code Act 1995
Section 3
CHAPTER 9 - DANGERS TO THE COMMUNITY Part 9.10 - Community safety orders
View history note
Hide history noteA 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) ).
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