SUMMARY OFFENCES ACT 1953 - SECT 13
SUMMARY OFFENCES ACT 1953 - SECT 13
(1) A person
who—
(a)
habitually consorts with convicted offenders (whether in this State or
elsewhere); and
(b)
consorts in this State with those convicted offenders after having been given
an official warning in relation to each of those convicted offenders,
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(2) A person does not
habitually consort with convicted offenders for the purposes of this section
unless—
(a) the
person consorts with at least 2 convicted offenders (whether on the same
or separate occasions); and
(b) the
person consorts with each convicted offender on at least 2 occasions.
(3) The following
forms of consorting are to be disregarded for the purposes of this section if
the defendant satisfies the court that the consorting was reasonable in the
circumstances:
(a)
consorting with family members;
(b)
consorting that occurs in the course of lawful employment or the lawful
operation of a business;
(c)
consorting that occurs in the course of training or education;
(d)
consorting that occurs in the course of the provision of a health service;
(e)
consorting that occurs in the course of the provision of legal advice;
(f)
consorting that occurs in lawful custody or in the course of complying with a
court order.
(4) In this
section—
"consort" means consort in person or by any other means, including by
electronic or other form of communication;
"convicted offender" means a person who has been convicted of an indictable
offence;
"corresponding law" means a law of the Commonwealth, another State, or a
Territory that is prescribed by regulation for the purposes of this
definition;
"official warning" means—
(a) a
warning given by a police officer (orally or in writing) that—
(i)
a convicted offender is a convicted offender; and
(ii)
consorting with a convicted offender is an offence; or
(b) a
warning or other notification given under a corresponding law.