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Crimes (Sentencing) Act 2005
23Non-association and place restriction orders—when may
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23 Non-association and place restriction orders—when may
be made
(1) The court may make a non-association order or place restriction order
for the offender if—
(a) the offence is a relevant offence; and
(b) the court is satisfied that it is necessary and reasonable to make
the order for 1 or more of the following purposes:
(i) preventing the offender from harassing anyone or
endangering the safety or welfare of anyone;
(ii) preventing the offender from committing further offences
(including a relevant offence);
(iii) assisting the offender to manage things that may make the
offender more likely to commit further offences (including
a relevant offence) if not managed.
Note See s 133I for an additional consideration that applies in sentencing a
young offender.
(2) The restriction imposed on the offender by a non-association order or
place restriction order, and the period of the order, must not be
unreasonably disproportionate to the purpose for which the order is
made.
(3) To remove any doubt, this section is additional to the court’s other
powers under this Act or any other territory law.
harm—see the Criminal Code, dictionary.
personal violence offence means—
(a) an offence that involves causing harm, or threatening to cause
harm, to anyone; or
(b) a family violence offence.
relevant offence means—
(a) an offence against the Criminal Code, part 4.1 (Property damage
offences) that is punishable by imprisonment for 5 years or
more; or
(b) an offence against the Criminal Code, chapter 6 (Serious drug
offences); or
(c) an offence against the Criminal Code, chapter 7 (Administration
of justice offences) that is punishable by imprisonment for
5 years or more; or
(d) an offence against the Firearms Act 1996 that is punishable by
imprisonment for 20 years or more; or
(e) an offence against the Crimes Act 1900, section 114B (Money
laundering); or
(f) a personal violence offence; or
(g) an offence prescribed by regulation.
Note A reference to an offence includes a reference to a related ancillary
offence, eg attempt and conspiracy (see Legislation Act, s 189).