South Australian Current Acts

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CRIMINAL PROCEDURE ACT 1921 - SECT 83

83—Contravention of non-association and place restriction orders

        (1)         A person who contravenes or fails to comply with a non-association order or place restriction order is guilty of an offence.

Maximum penalty:

            (a)         for a first offence—imprisonment for 6 months;

            (b)         for a subsequent offence—imprisonment for 2 years.

        (2)         Subsection (1) does not apply if the person establishes that he or she had a reasonable excuse for the contravention or failure to comply.

        (3)         Without limiting subsection (2), it is a reasonable excuse for associating with a specified person in contravention of a non-association order if—

            (a)         the person did so in compliance with an order of a court; or

            (b)         the person did so unintentionally and terminated the association as soon as was reasonably practicable.

        (4)         Without limiting subsection (2), it is a reasonable excuse for frequenting or visiting a specified place or area in contravention of a place restriction order if—

            (a)         the person did so in compliance with an order of a court; or

            (b)         the person did so unintentionally and left the place or area as soon as was reasonably practicable; or

            (c)         the person needed to frequent or visit the place or area in order to—

                  (i)         receive a health service or a welfare service; or

                  (ii)         obtain legal advice or otherwise be provided with legal services.



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