Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts35. (1) A detainee who—
(a) contravenes—
(i) an order or direction given by the Director; or
(ii) a direction given by an officer;
(b) contravenes standing orders concerning the good order, discipline and security of a detention centre; or
(c) makes, conceals or has in his or her possession, without authority, a tool, weapon, knife, key or other implement or thing capable of being used, to effect the escape of the person;
is guilty of an offence, punishable on conviction by a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months.
( 2) It is a defence to a prosecution for an offence against paragraph (1) (a) if the detainee establishes that—
(a) he or she has a reasonable excuse for the contravention; and
(b) he or she had made known that excuse to the person who gave the order or direction within a reasonable time.
(3) It is a defence to a prosecution for an offence involving an order made under this Act if the detainee establishes that the terms of the order were not communicated to him or her in sufficient time to enable compliance with the order, but the terms of such an order shall be taken to have been communicated to a detainee upon whom a notice of the order was duly served.
(4) It is a defence to a prosecution for an offence involving a direction given under this Act if the detainee establishes that—
(a) the direction was not communicated to him or her in sufficient time to enable compliance with the direction; or
(b) the direction was inconsistent with another direction given to him or her under this Act and he or she was obeying that other direction.
(5) It is a defence to a prosecution for an offence against a provision of this Act, a regulation or an order made under this Act or a standing order concerning the good order, discipline and security of a detention centre if he or she was obeying a direction or an instruction given to him or her under this Act and that he or she could not, at the same time that he or she was obeying the direction or the instruction, as the case may be, comply with the provision, regulation, order or standing order.