PENALTIES AND SENTENCES ACT 1992 - SECT 161ZI Contravention of order

PENALTIES AND SENTENCES ACT 1992 - SECT 161ZI

161ZI Contravention of order

(1) A person must not contravene a control order, or a registered corresponding control order, made for the person.

Penalty—

Maximum penalty—

(a) for a first offence in relation to the order—3 years imprisonment; or

(b) for a later offence in relation to the order—5 years imprisonment.

Note—

Under section 161Y , the court may also make a control order for a person convicted of an offence against this section.

(2) An offence against subsection (1) is—

(a) a misdemeanour, if the offence is a first offence in relation to the control order or registered corresponding control order; or

(b) a crime, if the offence is a later offence in relation to the control order or registered corresponding control order.

(3) An offence is a later offence to an earlier offence if the person commits the offence after the person is convicted of the earlier offence.

(4) For a control order, subsection (1) applies whether the contravention of the order happens in or outside Queensland.

(5) Without limiting subsection (1) , if a person contravenes a control order made for the person (an
"existing control order" ), the court may, instead of making a further control order for the person under section 161Y , amend the existing control order for the person by—

(a) extending the order by not more than—

(i) if the order was made under section 161X —2 years; or

(ii) otherwise—5 years; or

(b) imposing any further conditions the court could impose if a further control order were made for the person.

(6) In a proceeding against a person for an offence against subsection (1) , it is a defence for the person to prove that the person had a reasonable excuse for contravening the control order or the registered corresponding control order.

(7) It is not a reasonable excuse for a person not to comply with a condition of a control order, or registered corresponding control order, requiring the person to give stated information that complying with the condition might tend to incriminate the person or expose the person to a penalty.

Note—

See section 161ZH for the restrictions applying to the use of the stated information.

(8) In a proceeding against a person for a contravention of a non-association condition, it is irrelevant whether or not the association related to the commission or potential commission of an offence.

(9) In a proceeding against a person for a contravention of a non-association condition that has an exception about associating with a person with whom the person subject to the control order, or the registered corresponding control order, has a personal relationship, it is for the person subject to the order to prove that the person had a personal relationship with the other person at the relevant time.

(10) A person does not commit an offence against subsection (1) in relation to a control order, or a registered corresponding control order, by possessing a thing the person is prohibited from possessing under the order unless the person is in possession of the thing after the end of—

(a) if the person is prohibited from possessing the thing under the order as originally made and the order takes effect when it is made—24 hours after the order is made; or

(b) if the person is prohibited from possessing the thing under the order as originally registered—24 hours after the order takes effect; or

(c) if the person is prohibited from possessing the thing because of an amendment of the order—24 hours after the amendment takes effect.

(11) In this section—


"non-association condition" means—

(a) a condition of a control order mentioned in section 161U (2) (a) (i) , whether or not the condition includes an exception about associating with another person with whom the person subject to the control order has a personal relationship; or

(b) a condition of a registered corresponding control order that corresponds to a condition mentioned in paragraph (a) .