Northern Territory Consolidated Acts

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SENTENCING ACT 1995 - SECT 97A

When court may make order

    (1)     This section applies when a court sentences an offender for an offence (a significant offence ) the maximum penalty for which is imprisonment for 12 months or more.

    (2)     The court may make one or more of the following orders if the court considers doing so may prevent the offender from committing another significant offence:

        (a)     a non-association order prohibiting the offender from one or both of the following as specified in the order:

            (i)     being in company with one or more specified persons during a specified period;

            (ii)     communicating in any way (including by post, fax, phone and other electronic means, and whether directly or indirectly) with one or more specified persons during a specified period;

        (b)     a place restriction order prohibiting the offender, except as provided in the order, from visiting one or more specified places (including a district or specific location) during a specified period.

    (3)     The period specified under subsection (2)(a) or (b):

        (a)     is not limited by any term of imprisonment imposed on the offender; but

        (b)     must not exceed 12 months.

    (4)     An order imposed on the offender under subsection (1):

        (a)     is in addition to, and not instead of, any other penalty for the offence; but

        (b)     must not be made if the court makes one or more orders under this Act in relation to the offence without recording a conviction for the offence.

    (5)     This section does not limit the court's power to make another order or direction in relation to the offence under this or another Act.

    (6)     Without limiting subsection (5), this section does not affect the court's power to impose a condition under section 13(1)(c) or 40(2).



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