sec.129ZZContravention of civil banning order or interim civil banning order

### sec.129ZZ Contravention of civil banning order or interim civil banning order A person must not, without reasonable excuse, contravene a civil banning order. Maximum penalty—40 penalty units or 6 months imprisonment. It is a reasonable excuse for a person to contravene a civil banning 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 order because of an emergency; or if— the person has applied for an order to vary the civil banning order; and the court has not decided the application; and the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made. A person to whom a civil banning order applies has a reasonable excuse if— the person has applied for an order to vary the civil banning 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 civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application. If the Magistrates Court convicts a person of an offence against subsection (1) , the court may, in addition to or instead of sentencing the person under subsection (1) , vary the civil banning order. In this section, other than subsection (2) (c) — civil banning order includes an interim civil banning order. s 129ZZ ins 2011 No. 12 s 88 (sec.129ZZ-ssec.1) A person must not, without reasonable excuse, contravene a civil banning order. Maximum penalty—40 penalty units or 6 months imprisonment. (sec.129ZZ-ssec.2) It is a reasonable excuse for a person to contravene a civil banning 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 order because of an emergency; or if— the person has applied for an order to vary the civil banning order; and the court has not decided the application; and the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made. A person to whom a civil banning order applies has a reasonable excuse if— the person has applied for an order to vary the civil banning 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 civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application. (sec.129ZZ-ssec.3) If the Magistrates Court convicts a person of an offence against subsection (1) , the court may, in addition to or instead of sentencing the person under subsection (1) , vary the civil banning order. (sec.129ZZ-ssec.4) In this section, other than subsection (2) (c) — civil banning order includes an interim civil banning 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 order because of an emergency; or - (c) if— (i) the person has applied for an order to vary the civil banning order; and (ii) the court has not decided the application; and (iii) the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made. Example for paragraph (c) — A person to whom a civil banning order applies has a reasonable excuse if— (a) the person has applied for an order to vary the civil banning 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 civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application. - (i) the person has applied for an order to vary the civil banning order; and - (ii) the court has not decided the application; and - (iii) the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made. - (a) the person has applied for an order to vary the civil banning 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 civil banning order, to travel to and from the new place of work while the Magistrates Court is considering the application. - (i) the person has applied for an order to vary the civil banning order; and - (ii) the court has not decided the application; and - (iii) the contravention of the civil banning order reasonably relates to the changed circumstances in relation to which the application is made. - (a) the person has applied for an order to vary the civil banning 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 civil banning order, to travel to and from the new place of work while the Magistrates 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