South Australian Current Acts South Australian Current Acts31—Contravention of intervention order
(1) A person who
contravenes a term of an intervention order imposed under section 13 is
guilty of an offence.
Maximum penalty: $2 000 or imprisonment for 2 years.
Expiation fee: $315.
(2) A person who
contravenes any other term of an intervention order is guilty of an offence.
Maximum penalty:
(a) in
the case of a basic offence—imprisonment for 3 years;
(b) in
the case of an aggravated offence—imprisonment for 5 years.
(2aa) Despite any
other provision of this section, if a person contravenes a term of an
intervention order (other than a term of an intervention order imposed under
section 13) and either—
(a) the
contravention constitutes a second or subsequent such contravention; or
(b) the
act or omission alleged to constitute the contravention involved physical
violence or a threat of physical violence,
the person is guilty of an offence against this subsection.
Maximum penalty:
(a) in
the case of a basic offence—imprisonment for 7 years;
(b) in
the case of an aggravated offence—imprisonment for 10 years.
(2ab) In determining
whether a contravention of an intervention order is a second or subsequent
such contravention for the purposes of subsection (2aa), any deemed
subsection (1) offence or any previous offence against
subsection (2) or (2aa) (whether committed before or after the
commencement of this subsection) of which the defendant has been found guilty
will be taken into account, but only if the previous offence was committed or
alleged to have been committed within the period of 5 years immediately
preceding the date on which the offence under consideration was allegedly
committed.
(2ac) In proceedings
for an offence against subsection (2aa) where it is alleged that a deemed
subsection (1) offence should be taken into account in accordance with
subsection (2ab), any agreed or undisputed facts received in the
sentencing court in sentencing proceedings for the deemed subsection (1)
offence are, unless excluded in the discretion of the court dealing with the
proceedings for the offence against subsection (2aa), admissible as
evidence of the conduct in fact engaged in on the occasion alleged for the
purposes of the proceedings.
(2a) If a person is
found guilty of an offence under subsection (1), (2) or (2aa) where the
act or omission alleged to constitute the offence involved physical violence
or a threat of physical violence, the Court may, in addition to imposing a
penalty for the offence—
(a)
order the convicted person to make a payment of not more than the prescribed
amount toward the cost of any intervention program the person is required to
undertake in accordance with the intervention order; and
(b) make
any other order that the Court thinks fit.
(3) A person is not
guilty of an offence of aiding, abetting, counselling or procuring the
commission of an offence against this section if—
(a) the
person is a person protected by the intervention order that has been
contravened; and
(b) the
conduct constituting contravention of the intervention order did not
constitute contravention of the order in respect of another person protected
by the order or of any other intervention order (of which the person was or
ought reasonably to have been aware) in force against the defendant and
protecting another person.
(4) Section 11(7)
of the Sentencing Act 2017 does not apply in relation to an offence
against subsection (1).
(5) For the purposes
of this section, an aggravated offence is an offence committed in
circumstances where the offender knew or suspected, or ought reasonably to
have known or suspected, that there was a reasonable likelihood that a child
would see, hear or otherwise be exposed to the conduct constituting the
offence or to any effects of that conduct.
(6) If a person is
charged with an aggravated offence under this section, the circumstances
alleged to aggravate the offence must be stated in the instrument of charge.
(7) An offence against
this section must be prosecuted, and dealt with by the Magistrates Court, as a
summary offence but if the Court determines that a person found guilty of such
an offence should be sentenced to a term of imprisonment exceeding
5 years, the Court must commit the person to the District Court for
sentence.
(8) In this
section—
"basic offence"—where a subsection differentiates between the penalty
for an aggravated offence and the penalty for a basic offence, the reference
to a basic offence is a reference to the offence in its non-aggravated form;
"deemed subsection (1) offence" means an offence charged against
subsection (1) of which a person was found guilty before the commencement
of this definition even though the person did not contravene a term of an
intervention order imposed under section 13 but instead contravened
another term of an intervention order.