SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 55 Contravention of public safety order

SERIOUS CRIME CONTROL ACT 2009 (NO 32 OF 2009) - SECT 55

    (1)     A person in relation to whom a public safety order is in force must not contravene the order.

Fault elements:

The person:

    (a)     knows, or is reckless as to whether, the order is in force; and

    (b)     intentionally engages in conduct which contravenes the order.

Maximum penalty:     Imprisonment for 5 years.

Note for subsection (1)

A public safety order is not in force in relation to a person until it has been served on the person.

    (2)     It is a defence to a prosecution for an offence against subsection (1) if:

    (a)     the defendant has a reasonable excuse; or

    (b)     the defendant did not know the public safety order was in force and the public safety order was served on the defendant only in 1 or more of the following ways:

        (i)     by sending the order by prepaid post to premises at which the defendant did not, at the time of service, live or work;

        (ii)     by sending the order by fax to a fax number for premises at which the defendant did not, at the time of service, live or work;

        (iii)     by leaving the order with a person at premises at which the defendant did not, at the time of service, live or work.