20CConsorting

### 20C Consorting > [*\[Section 20C Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS7@EN) [*\[Section 20C Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017\]*](/view/html/inforce/2017-09-05/act-2017-031#JS1@Ja1@GC1@EN) > > > (1)  A convicted offender must not habitually consort with another convicted offender within 5 years after having been given under [section 20D(2)](#GS20D@Gs2@EN) 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)](#GS20D@Gs2@EN) an official warning in relation to the other convicted offender. > > > (3)  It is a defence to a charge of consorting under [subsection (1)](#GS20C@Gs1@EN) 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 – > > > > > > > > > > (i) a hospital, health clinic or dental surgery or a medical practice operated by a medical practitioner; or > > > > > > > > > > > (ii) a clinic, or offices, at or from which the services of a health care worker are provided; or > > > > > > > > > > > (iii) the professional suite of a person who is registered under the Health Practitioner Regulation National Law (Tasmania) and is providing services to which the person's registration relates – > > > > > > > > for the purposes of the defendant receiving services, or enabling a dependant of the defendant to receive services, in relation to which a person may be registered under the Health Practitioner Regulation National Law (Tasmania) or employed or engaged as a health care worker; > > > > > > > (e) consorting that occurred in the course of the defendant attending the professional suite or office of a person who is registered or authorised under a law to work as a counsellor, psychotherapist or social worker, for the purposes of – > > > > > > > > > > (i) receiving services from that person that are related to that registration or authorisation; or > > > > > > > > > > > (ii) accompanying a dependant of the defendant who is attending the suite or office for the purpose of the dependant receiving services from that person that are related to that registration or authorisation; > > > > > > > (f) consorting that occurred in the course of obtaining, or attempting to obtain, legal advice from an Australian legal practitioner; > > > > > > > (g) consorting that occurred in lawful custody or in the course of complying with a court order, a parole order or a probation order.