South Australian Numbered Acts South Australian Numbered Acts14—Amendment of section 31—Contravention of intervention order
(1) Section 31(2), penalty provision—delete the penalty provision and substitute:
Maximum penalty: $10 000 or imprisonment for 2 years.
(2) Section 31—after subsection (2) insert:
(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: $20 000 or imprisonment for 4 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 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.
(3) Section 31(2a)—delete "or (2)" and substitute:
, (2) or (2aa)