175BCourt may make exclusion order against convicted persons

#### 175B Court may make exclusion order against convicted persons 175B Court may make exclusion order against convicted persons > > (1) This section applies to— > > > > > (a) an offence referred to in section 12B, 12C or 12D, or > > > > > (b) an offence referred to in section 175A in connection with which the accused was found in possession of tools or equipment of a kind generally used for the purposes of prospecting or mining, > > > > being an offence occurring within a mineral claims district. > > > (2) A court that convicts a person of an offence to which this section applies may make an order (an exclusion order) prohibiting the person from entering the whole or any part of the mineral claims district concerned, or any other mineral claims district, for such period (not exceeding 2 years) as may be specified in the order. > > > (3) An exclusion order may be made— > > > > > (a) at any time within 6 months after the person’s conviction, and > > > > > (b) whether or not the person has a legal or equitable interest in, or is the holder of an authority, mineral claim or opal prospecting licence over, any of the land to which the order relates. > > > (4) Before making an exclusion order against a person, a court— > > > > > (a) must cause written notice of the fact that it proposes to make such an order, and of the terms of the proposed order, to be served on the person, and > > > > > (b) must give the person a reasonable opportunity to make representations to the court with respect to the proposed order, and > > > > > (c) must take any such representations into consideration. > > > (5) An exclusion order takes effect— > > > > > (a) if the person to whom it relates is present in court when it is made, at the time it is made, or > > > > > (b) in any other case, when it is served on the person to whom it relates. > > > (6) A copy of an exclusion order must be sent to the Commissioner of Police as soon as practicable after the order is made. > > **s 175B:** Ins 1996 No 137, Sch 1 \[4\].