New South Wales Consolidated Acts

CRIMES (SENTENCING PROCEDURE) ACT 1999 - SECT 17A

17A Non-association and place restriction orders

(1) This section applies to any offence that is punishable by imprisonment for 6 months or more, whether or not the offence is also punishable by fine or to an aggregate sentence of imprisonment in respect of 2 or more offences any one of which is an offence to which this section applies.

(2) When sentencing an offender for an offence to which this section applies, a court may make either or both of the following orders in respect of the offender--

(a) a non-association order, being an order prohibiting the offender from associating with a specified person for a specified term, or

(b) a place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district for a specified term,

if it is satisfied that it is reasonably necessary to do so to ensure that the offender does not commit any further offences to which this section applies.

(3) An order under subsection (2) (a) is to be one of the following--

(a) a limited non-association order, being an order prohibiting the offender from being in company with a specified person except at the times or in such circumstances (if any) as are specified,

(b) an unlimited non-association order, being an order prohibiting the offender--

(i) from being in company with a specified person, and

(ii) from communicating with that person by any means.

(3A) An order under subsection (2) (b) is to be one of the following--

(a) a limited place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district except at the times or in such circumstances (if any) as are specified,

(b) an unlimited place restriction order, being an order prohibiting the offender from frequenting or visiting a specified place or district at any time or in any circumstance.

(4) An order under this section is to be made in addition to, and not instead of, any other penalty for the offence, but may not be made if the only other penalty for the offence is an order under section 10 or 11.

(5) The term of an order under this section is not limited by any term of imprisonment imposed for the offence, but must not exceed 12 months.

(6) This section does not limit the kinds of prohibition or restriction that may be imposed on an offender by means of any other order or direction under this or any other Act, so that such an order or direction may include prohibitions of the kind referred to in subsections (2) and (3).

(7) This section is subject to the provisions of Part 8A.