20CConsorting

20C Consorting

[Section 20C Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20C Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017]

(1)  A convicted offender must not habitually consort with another convicted offender within 5 years after having been given under section 20D(2) an official warning in relation to the other convicted offender.

Penalty:  Fine not exceeding 150 penalty units or imprisonment for a term not exceeding 3 years, or both.

(2)  For the purposes of this section, a convicted offender does not habitually consort with another convicted offender unless the convicted offender consorts with the other convicted offender on at least 2 occasions within the 5-year period after having been given under section 20D(2) an official warning in relation to the other convicted offender.

(3)  It is a defence to a charge of consorting under subsection (1) if the defendant satisfies the court that the consorting was any of the following kinds of consorting and was reasonable in the circumstances:

(a) consorting with a family member;

(b) consorting that occurred in the course of –

(i) genuinely conducting a lawful business; or

(ii) being genuinely engaged in lawful employment –

during work hours that were reasonable operating hours for that type of business or employment;

(c) consorting that occurred in the course of –

(i) attending premises genuinely for the purpose of receiving education or training that is recognised, or provided, under a law relating to training or education; or

(ii) attending premises with a dependant of the defendant who is receiving education or training that is recognised, or provided, under a law relating to training or education;

(d) consorting that occurred in the course of the defendant attending –