QLDIn ForceAct
Penalties and Sentences Act 1992
sec.43FContravention of non-contact order
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### sec.43F Contravention of non-contact order
An offender must not unlawfully contravene a non-contact order.
Maximum penalty—120 penalty units or 3 years imprisonment.
A Magistrates Court that convicts an offender of an offence against subsection (1) may, in addition to or instead of sentencing the offender under subsection (1) —
if the non-contact order was made by a Magistrates Court—amend the order; or
if the non-contact order was made by the Supreme or District Court (the sentencing court )—order the offender to appear before the sentencing court.
If an order is made under subsection (2) (b) , the Magistrates Court must also make 1 of the following orders—
an order committing the offender into custody to be brought before the sentencing court;
an order granting the offender bail on the condition that the offender appear before the sentencing court.
If the Magistrates Court sentenced the offender under subsection (1) , the sentencing court may amend the order or decide no further action be taken.
If the Magistrates Court did not sentence the offender under subsection (1) , the sentencing court may do the following—
sentence the offender under subsection (1) ;
in addition to or instead of sentencing the offender under subsection (1) , amend the order;
decide no further action be taken.
s 43F ins 2001 No. 94 s 5
amd 2024 No. 48 s 48
(sec.43F-ssec.1) An offender must not unlawfully contravene a non-contact order. Maximum penalty—120 penalty units or 3 years imprisonment.
(sec.43F-ssec.2) A Magistrates Court that convicts an offender of an offence against subsection (1) may, in addition to or instead of sentencing the offender under subsection (1) — if the non-contact order was made by a Magistrates Court—amend the order; or if the non-contact order was made by the Supreme or District Court (the sentencing court )—order the offender to appear before the sentencing court.
(sec.43F-ssec.3) If an order is made under subsection (2) (b) , the Magistrates Court must also make 1 of the following orders— an order committing the offender into custody to be brought before the sentencing court; an order granting the offender bail on the condition that the offender appear before the sentencing court.
(sec.43F-ssec.4) If the Magistrates Court sentenced the offender under subsection (1) , the sentencing court may amend the order or decide no further action be taken.
(sec.43F-ssec.5) If the Magistrates Court did not sentence the offender under subsection (1) , the sentencing court may do the following— sentence the offender under subsection (1) ; in addition to or instead of sentencing the offender under subsection (1) , amend the order; decide no further action be taken.
- (a) if the non-contact order was made by a Magistrates Court—amend the order; or
- (b) if the non-contact order was made by the Supreme or District Court (the sentencing court )—order the offender to appear before the sentencing court.
- (a) an order committing the offender into custody to be brought before the sentencing court;
- (b) an order granting the offender bail on the condition that the offender appear before the sentencing court.
- (a) sentence the offender under subsection (1) ;
- (b) in addition to or instead of sentencing the offender under subsection (1) , amend the order;
- (c) decide no further action be taken.