36Associating with another controlled person

36 Associating with another controlled person (1) A controlled person must not associate with another controlled person. Fault elements: The person: (a) knows, or is reckless as to whether, the other person is a controlled person; and (b) intends to associate with the other person. Maximum penalty: Imprisonment for 5 years. (2) It is a defence to a prosecution for an offence against subsection (1) if the association is in accordance with an exemption under section 27(4). (3) Subject to the terms of a control order, the following forms of associations are to be disregarded in applying subsection (1) to a defendant to whom the control order relates if the defendant proves the association was reasonable in the circumstances: (a) associations between close family members; (aa) associations between a person who has impaired decision-making capacity (as defined in section 3 of the Advance Personal Planning Act 2013) for a matter and a decision maker (as defined in that section) for the person for that matter; (b) associations occurring in the course of a lawful occupation, business or profession; (c) associations occurring at a course of training or education, as prescribed by regulation, between persons enrolled in the course; (d) associations occurring at a rehabilitation, counselling or therapy session, as prescribed by regulation; (e) associations occurring in lawful custody or in the course of complying with a court order; (f) other associations, as prescribed by regulation.

Part 4 Control orders Division 3 Consequences of control order Serious Crime Control Act 2009 23 (4) To avoid doubt, in proceedings for an offence against subsection (1), it is not necessary for the prosecution to prove: (a) the defendant associated with another person for any particular purpose; or (b) the association would have led to the commission of any offence. (5) In this section: close family member, of a specified person, means: (a) a person who is a spouse or former spouse of the specified person; or (b) a person who is, or has been, in a domestic relationship with the specified person; or (c) a person who is a parent or grandparent of the specified person (whether by blood or by marriage); or (d) a person who is a child or grandchild of the specified person (whether by blood or by marriage); or (e) a person who is a brother or sister of the specified person (whether by blood or by marriage); or (f) a person who is a guardian or carer of the specified person; or (g) a person for whom the specified person is a guardian or carer. domestic relationship means the relationship between 2 persons (whether or not they are related by family and irrespective of their gender) who live together as a couple on a genuine domestic basis, but does not include: (a) the relationship between spouses; or (b) a relationship where 1 of the persons provides the other with domestic support or personal care (or both) for fee or reward, or on behalf of some other person or an organisation of whatever kind. Note for definition domestic relationship Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.