(1)  A convicted offender must not habitually consort with another convicted offender within 5 years after having been given under section 20D(2) an official warning in relation to the other convicted offender.

Penalty:  Fine not exceeding 150 penalty units or imprisonment for a term not exceeding 3 years, or both.

(2)  For the purposes of this section, a convicted offender does not habitually consort with another convicted offender unless the convicted offender consorts with the other convicted offender on at least 2 occasions within the 5-year period after having been given under section 20D(2) an official warning in relation to the other convicted offender.

(3)  It is a defence to a charge of consorting under subsection (1) if the defendant satisfies the court that the consorting was any of the following kinds of consorting and was reasonable in the circumstances:

(a) consorting with a family member;

(b) consorting that occurred in the course of –

(i) genuinely conducting a lawful business; or

(ii) being genuinely engaged in lawful employment –

during work hours that were reasonable operating hours for that type of business or employment;

(c) consorting that occurred in the course of –

(i) attending premises genuinely for the purpose of receiving education or training that is recognised, or provided, under a law relating to training or education; or

(ii) attending premises with a dependant of the defendant who is receiving education or training that is recognised, or provided, under a law relating to training or education;

(d) consorting that occurred in the course of the defendant attending –

(i) a hospital, health clinic or dental surgery or a medical practice operated by a medical practitioner; or

(ii) a clinic, or offices, at or from which the services of a health care worker are provided; or

(iii) the professional suite of a person who is registered under the Health Practitioner Regulation National Law (Tasmania) and is providing services to which the person's registration relates –

for the purposes of the defendant receiving services, or enabling a dependant of the defendant to receive services, in relation to which a person may be registered under the Health Practitioner Regulation National Law (Tasmania) or employed or engaged as a health care worker;

(e) consorting that occurred in the course of the defendant attending the professional suite or office of a person who is registered or authorised under a law to work as a counsellor, psychotherapist or social worker, for the purposes of –

(i) receiving services from that person that are related to that registration or authorisation; or

(ii) accompanying a dependant of the defendant who is attending the suite or office for the purpose of the dependant receiving services from that person that are related to that registration or authorisation;

(f) consorting that occurred in the course of obtaining, or attempting to obtain, legal advice from an Australian legal practitioner;

(g) consorting that occurred in lawful custody or in the course of complying with a court order, a parole order or a probation order.