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PENALTIES AND SENTENCES ACT 1992 - SECT 43F
Contravention of non-contact order
43F Contravention of non-contact order
(1) An offender must not unlawfully contravene a non-contact order.
Penalty— Maximum penalty—40 penalty units or 1 year’s imprisonment.
(2) A Magistrates Court that convicts an offender of an offence against
subsection (1) may, in addition to or instead of sentencing the offender under
subsection (1) — (a) if the non-contact order was made by a Magistrates
Court—amend the order; or
(b) if the non-contact order was made by the
Supreme or District Court (the
"sentencing court" )—order the offender to appear before the
sentencing court.
(3) If an order is made under subsection (2) (b) , the
Magistrates Court must also make 1 of the following orders— (a) an order
committing the offender into custody to be brought before the
sentencing court;
(b) an order granting the offender bail on the condition
that the offender appear before the sentencing court.
(4) If the Magistrates
Court sentenced the offender under subsection (1) , the sentencing court may
amend the order or decide no further action be taken.
(5) If the Magistrates
Court did not sentence the offender under subsection (1) , the
sentencing court may do the following— (a) sentence the offender under
subsection (1) ;
(b) in addition to or instead of sentencing the offender
under subsection (1) , amend the order;
(c) decide no further action be
taken.
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