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  

Subdivision G - Offences relating to control orders  

SECTION 104.27   Offence for contravening a control order  

(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.


(2)    


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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