Victorian Current Acts

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Offence to contravene banning notice or fail to comply with police directions

    (1)     A person to whom a banning notice applies must not enter or re-enter, or attempt to enter or re‑enter, the designated area or licensed premises in contravention of the notice.

Penalty:     20 penalty units.

S. 148F(2) amended by No. 37/2014 s. 10(Sch. item 96.23).

    (2)     If the person is in the designated area or licensed premises in contravention of the notice, he or she must comply with any direction given by a police officer under section 148G.

Penalty:     20 penalty units.

S. 148F(3) amended by No. 28/2022 s. 171.

    (3)     It is a defence to a charge of an offence against subsection (1) or (2) for the accused to prove that—

S. 148F(3)(a) amended by No. 28/2022 s. 171.

        (a)     the accused was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence; or

S. 148F(3)(b) amended by No. 28/2022 s. 171.

        (b)     the conduct constituting the offence was caused by circumstances beyond the control of the accused and the accused had taken reasonable precautions to avoid committing an offence.

S. 148F(4) amended by No. 37/2014 s. 10(Sch. item 96.23).

    (4)     Despite subsection (2), it is not an offence for a person to fail to comply with a direction given by a police officer under section 148G if the police officer did not comply with section 148G(3).

S. 148F(5) amended by No. 68/2009 s. 97(Sch. item 78.3).

    (5)     Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (4).

S. 148G inserted by No. 73/2007 s. 5.

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