Northern Territory Consolidated Acts

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SUMMARY OFFENCES ACT 1923 - SECT 55A

Consorting between known offenders

    (1)     A person is guilty of an offence if:

        (a)     the Commissioner gives a written notice to the person under this section prohibiting the person, for a specified period not exceeding 12 months, from one or both of the following as specified in the notice:

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

            (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; and

        (b)     the person contravenes the notice.

Maximum penalty:     Imprisonment for 2 years.

    (2)     It is a defence for an offence against subsection (1) if the defendant proves that:

        (a)     the defendant has a reasonable excuse; or

        (b)     the defendant, having unintentionally associated with a person specified in the notice, terminated the association immediately.

    (3)     In subsection (2), a reference to an association with the specified person is a reference to being in company, or communicating, with the specified person in contravention of the notice.

    (4)     The Commissioner may give a notice to a person (the notified person ) under subsection (1) only if:

        (a)     the notified person and each person specified in the notice (a specified person ) have each been found guilty of a prescribed offence; and

        (b)     the Commissioner reasonably believes that giving the notice is likely to prevent the commission of a prescribed offence involving:

            (i)     2 or more offenders; and

            (ii)     substantial planning and organisation.

    (5)     The notice must specify:

        (a)     the notified person's obligations under the notice; and

        (b)     the consequences of contravening the notice.

    (6)     The Commissioner must ensure all reasonable steps are taken to explain to the notified person (in language the notified person can readily understand) the matters mentioned in subsection (5)(a) and (b).

    (7)     In addition, the Commissioner must give each specified person a notice under subsection (1) imposing similar obligations in relation to prohibiting the specified person from one or both of the following:

        (a)     being in company with the notified person and each of the other specified persons;

        (b)     communicating with the notified person and each of the other specified persons.

    (8)     However, the Commissioner may disregard subsection (7) in exceptional circumstances.

    (9)     A notice under subsection (1) is not invalidated by a failure to comply with subsections (6) to (8).

    (10)     A reference to a prescribed offence in subsection (4) is a reference to an offence:

        (a)     prescribed by regulation; and

        (b)     the maximum penalty for which is imprisonment for 10 years or more.



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