sec.129ZGOffence to contravene exclusion order

### sec.129ZG Offence to contravene exclusion order A person to whom an exclusion order applies must not contravene the order, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 6 months imprisonment. Without limiting what may constitute a reasonable excuse for subsection (1) , it is a reasonable excuse for a person to contravene an exclusion order applying to the person— if, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or if the person is contravening the exclusion order because of an emergency; or if— the person has applied for an exclusion variation order under section 129ZF ; and the court has not decided the application; and the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought. A person to whom an exclusion order applies has a reasonable excuse if— the person has applied for a variation of the exclusion order because— it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and the person’s place of work has changed; and the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application. If a court that convicts a person of an offence against subsection (1) is of equivalent jurisdiction to the court that made the exclusion order, the court may, in addition to or instead of sentencing the person under subsection (1) , amend the order. s 129ZG ins 2008 No. 67 s 223 amd 2011 No. 12 s 87 (sec.129ZG-ssec.1) A person to whom an exclusion order applies must not contravene the order, unless the person has a reasonable excuse. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.129ZG-ssec.2) Without limiting what may constitute a reasonable excuse for subsection (1) , it is a reasonable excuse for a person to contravene an exclusion order applying to the person— if, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or if the person is contravening the exclusion order because of an emergency; or if— the person has applied for an exclusion variation order under section 129ZF ; and the court has not decided the application; and the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought. A person to whom an exclusion order applies has a reasonable excuse if— the person has applied for a variation of the exclusion order because— it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and the person’s place of work has changed; and the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application. (sec.129ZG-ssec.3) If a court that convicts a person of an offence against subsection (1) is of equivalent jurisdiction to the court that made the exclusion order, the court may, in addition to or instead of sentencing the person under subsection (1) , amend the order. - (a) if, when the contravention happened, the person was not aware, and was reasonably not aware, that the order had been made; or - (b) if the person is contravening the exclusion order because of an emergency; or - (c) if— (i) the person has applied for an exclusion variation order under section 129ZF ; and (ii) the court has not decided the application; and (iii) the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought. Example for paragraph (c) — A person to whom an exclusion order applies has a reasonable excuse if— (a) the person has applied for a variation of the exclusion order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and (b) the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application. - (i) the person has applied for an exclusion variation order under section 129ZF ; and - (ii) the court has not decided the application; and - (iii) the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought. - (a) the person has applied for a variation of the exclusion order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and - (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and - (ii) the person’s place of work has changed; and - (b) the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application. - (i) the person has applied for an exclusion variation order under section 129ZF ; and - (ii) the court has not decided the application; and - (iii) the contravention of the exclusion order relates reasonably to the changed circumstances in relation to which the exclusion variation order is sought. - (a) the person has applied for a variation of the exclusion order because— (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and (ii) the person’s place of work has changed; and - (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and - (ii) the person’s place of work has changed; and - (b) the person uses the public transport network, in contravention of the exclusion order, to travel to and from the new place of work while the court is considering the application. - (i) it restricts the person’s use of the public transport network to only permit travel to and from the person’s place of work; and - (ii) the person’s place of work has changed; and