Queensland Numbered Acts

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CHILD PROTECTION (OFFENDER PROHIBITION ORDER) ACT 2008 No. 17 - SECT 38

38 Failure to comply with an offender prohibition order

(1) A respondent for an offender prohibition order must not contravene the offender prohibition order, unless the respondent has a reasonable excuse.

Maximum penalty--2 years imprisonment.

(2) If an issue is raised in a proceeding of whether the respondent had knowledge of the offender prohibition order, it is enough if it is proved--

(a) the respondent was present in court when the order was made; or
(b) the respondent was served personally with a copy of the order; or
(c) a police officer told the respondent about the existence of the order.

(3) A respondent for a registered corresponding order must not contravene the registered corresponding order, unless the respondent has a reasonable excuse.

Maximum penalty--2 years imprisonment.

(4) If an issue is raised in a proceeding of whether the respondent for a registered corresponding order had knowledge of the order, it is enough if it is proved--

(a) the respondent was present in court when the order was made and the order stated that it could be registered in another jurisdiction; or
(b) the respondent was served personally with a copy of the corresponding order and the order stated that it could be registered in another jurisdiction; or
(c) a police officer told the respondent about the existence of the corresponding order, including the fact that the order could be registered in another jurisdiction; or
(d) that the respondent knew or ought to have known that the order was registered in this jurisdiction.

(5) In this section--

police officer, for subsection (4)(c), includes a member of the police force of the jurisdiction where the registered corresponding order was made.



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