Australian Capital Territory Current Acts

CRIMES (SENTENCING) ACT 2005 - SECT 23

    (1)     The court may make a non-association order or place restriction order for the offender if—

        (a)     the offence is a relevant offence; and

        (b)     the court is satisfied that it is necessary and reasonable to make the order for 1 or more of the following purposes:

              (i)     preventing the offender from harassing anyone or endangering the safety or welfare of anyone;

              (ii)     preventing the offender from committing further offences (including a relevant offence);

              (iii)     assisting the offender to manage things that may make the offender more likely to commit further offences (including a relevant offence) if not managed.

Note     See s 133I for an additional consideration that applies in sentencing a young offender.

    (2)     The restriction imposed on the offender by a non-association order or place restriction order, and the period of the order, must not be unreasonably disproportionate to the purpose for which the order is made.

    (3)     To remove any doubt, this section is additional to the court's other powers under this Act or any other territory law.

    (4)     In this section:

"harm"—see the Criminal Code

, dictionary.

"personal violence offence" means—

        (a)     an offence that involves causing harm, or threatening to cause harm, to anyone; or

        (b)     a family violence offence.

"relevant offence" means—

        (a)     an offence against the Criminal Code

, part 4.1 (Property damage offences) that is punishable by imprisonment for 5 years or more; or

        (b)     an offence against the Criminal Code

, chapter 6 (Serious drug offences); or

        (c)     an offence against the Criminal Code

, chapter 7 (Administration of justice offences) that is punishable by imprisonment for 5 years or more; or

        (d)     an offence against the Firearms Act 1996

that is punishable by imprisonment for 20 years or more; or

        (e)     an offence against the Crimes Act 1900

, section 114B (Money laundering); or

        (f)     a personal violence offence; or

        (g)     an offence prescribed by regulation.

Note     A reference to an offence includes a reference to a related ancillary offence, eg attempt and conspiracy (see Legislation Act

, s 189).