26Association between members of declared organisations subject to interim control order or control order

26 Association between members of declared organisations subject to interim control order or control order

26 Association between members of declared organisations subject to interim control order or control order

(1) A controlled member of a declared organisation who associates with another controlled member of the declared organisation is guilty of an offence.

Maximum penalty—Imprisonment for 2 years.

(1A) A controlled member of a declared organisation who, at any time within a period of 3 months, associates with another controlled member of the declared organisation on 3 or more occasions is guilty of an offence.

Maximum penalty—Imprisonment for 3 years.

(1B) A controlled member of a declared organisation who associates with another controlled member of the declared organisation after being convicted of an offence under this section is guilty of an offence.

Maximum penalty—Imprisonment for 5 years.

(2) A person may be guilty of an offence under this section in respect of associations with the same person or with different people.

(3) It is a defence to a prosecution for an offence under this section if the defendant establishes that he or she did not know, and could not reasonably be expected to have known, that the other person with whom he or she associated was a controlled member of the declared organisation.

(4) It is a defence to a prosecution for an offence under this section if the association is in accordance with an exemption under section 19 (7) (a).

(5) The following forms of associations are to be disregarded for the purposes of this section in its application to a defendant to whom an interim control order relates if the defendant proves that the association was reasonable in the circumstances—

(a) associations between close family members,

(b) associations occurring in the course of a lawful occupation, business or profession,

(c) associations occurring at a course of training or education of a kind prescribed by the regulations between persons enrolled in the course,

(d) associations occurring at a rehabilitation, counselling or therapy session of a kind prescribed by the regulations,

(e) associations occurring in lawful custody or in the course of complying with a court order,