Victorian Current Acts

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Prohibition to be in or on specified waters

    (1)     This section applies if—

        (a)     a court convicts a person of an offence against this Act that is punishable by imprisonment; and

        (b)     the person has been previously convicted, on 2 or more separate occasions, of an offence against this Act that was punishable by imprisonment.

S. 130B(2) amended by No. 68/2016 s. 116.

    (2)     In addition to any other penalty the court may impose, the court may, on the application of the chief executive officer, by order prohibit the person from being in or on specified Victorian waters without a lawful purpose.

    (3)     A court must not make an order under subsection (2) unless—

        (a)     the application is accompanied by information that justifies the making of the order; and

        (b)     the court is satisfied that the person is likely to commit further offences in or on the specified waters.

    (4)     An order—

        (a)     may apply generally or at specified times or in specified circumstances;

        (b)     has effect for a specified period of no more than 10 years or, if no period is specified, for no more than 10 years;

        (c)     may be rescinded or varied at any time.

    (5)     In specifying the waters to which an order applies, the court must, to the maximum extent that is practicable having regard to the purpose of the order, limit the specification of the waters as much as possible.

    (6)     A person must comply with an order.

Penalty:     200 penalty units or imprisonment for 12 months or both.

    (7)     In a prosecution for an offence against subsection (6), it is not necessary for the prosecutor to prove that the person charged was on or in the specified waters without a lawful purpose—it is sufficient to prove that the person was in or on those waters on the relevant date.

    (8)     It is a defence to a charge under subsection (6) if the person charged gives, in the opinion of the court, a satisfactory account as to why he or she was on or in the specified waters.

S. 130C inserted by No. 108/2003 s. 21.

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