31Offence to contravene serious crime prevention order

31 Offence to contravene serious crime prevention order

(1) An individual who either—

(a) knows that a serious crime prevention order that applies to them is in effect; or

(b) is reckless as to that fact—

must not contravene a condition imposed under that order.

(3) In proceedings for an offence against subsection (1), service of a copy of the serious crime prevention order is proof, in the absence of evidence to the contrary, that the individual to whom the order applies knows that a serious crime prevention order that applies to them is in effect.

(4) In proceedings for an offence against subsection (1), if the contravention is constituted by the individual associating with another individual contrary to a condition imposed under the serious crime prevention order, it is not necessary for the prosecution to prove—

(a) that the individual to whom the order applies associated with that other individual for any particular purpose; or

(b) that the association would have led to the commission of any offence.

Pt 3 (Headings and ss 38–68) amended by Nos 55/2014 ss 73–81, 27/2016 ss 32–35, repealed by No. 37/2024 s. 42.

Part 4—Protection of criminal intelligence

Division 1—Preliminary

69 Definitions

In this Part—

protection application means an application under section 70 for a criminal intelligence protection order;

S. 69 def. of relevant party inserted by No. 37/2024 s. 43(1).

relevant party to a substantive application means—

(a) if the substantive application was made by the Chief Commissioner, the respondent to the application; or

(b) otherwise, the person who made the application;

S. 69 def. of substantive application amended by No. 37/2024 s. 43(2).

substantive application means—

(a) an application for a serious crime prevention order; or

(b) an application for the revocation of a serious crime prevention order; or

(c) an application for the variation of a serious crime prevention order; or

(ca) an application for the renewal of a serious crime prevention order; or

(d) an application for the registration of a corresponding order referred to the Court under section 102; or

(e) an application—

(i) for the variation of a registered corresponding order; or