Australian Capital Territory Numbered Acts

CRIMES (SENTENCING) ACT 2005 (NO. 58 OF 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 personal violence 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 personal violence offence);

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

    (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 domestic violence offence.