(2) If the person is in the designated area, or licensed S. 148J(2) premises in contravention of the order, he or she amended by No. 37/2014 must comply with any direction given by a police s. 10(Sch. officer under section 148K. item 96.25). 60 penalty units. (3) It is a defence to a charge of an offence against subsection (1) or (2) for the defendant to prove that— (a) the defendant was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence; or (b) the conduct constituting the offence was caused by circumstances beyond the control of the defendant and the defendant had taken reasonable precautions to avoid committing an offence. (4) Despite subsection (2), it is not an offence for a S. 148J(4) amended by person to fail to comply with a direction given by No. 37/2014 a police officer under section 148K if the police s. 10(Sch. item 96.25). officer did not comply with section 148K(3). S.148J(5) (5) Section 72 of the Criminal Procedure Act 2009 amended by applies in the circumstances referred to in No. 68/2009 s. 97(Sch. subsection (4). item 78.4). (6) Nothing in this section affects the powers of the court or of the Supreme Court in relation to contempt of court. S. 148K 148K Direction to leave designated area or licensed inserted by premises No. 73/2007 s. 5. (1) This section applies if a person to whom an exclusion order applies is in the designated area or licensed premises in contravention of the order.
S. 148J(2) amended by No. 37/2014 s. 10(Sch. item 96.25). (2) If the person is in the designated area, or licensed premises in contravention of the order, he or she must comply with any direction given by a police officer under section 148K. 60 penalty units. (3) It is a defence to a charge of an offence against subsection (1) or (2) for the defendant to prove that— (a) the defendant was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence; or (b) the conduct constituting the offence was caused by circumstances beyond the control of the defendant and the defendant had taken reasonable precautions to avoid committing an offence. S. 148J(4) amended by No. 37/2014 s. 10(Sch. item 96.25). (4) Despite subsection (2), it is not an offence for a person to fail to comply with a direction given by a police officer under section 148K if the police officer did not comply with section 148K(3). S.148J(5) amended by No. 68/2009 s. 97(Sch. item 78.4). (5) Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (4). (6) Nothing in this section affects the powers of the court or of the Supreme Court in relation to contempt of court. S. 148K inserted by No. 73/2007 s. 5. 148K Direction to leave designated area or licensed premises (1) This section applies if a person to whom an exclusion order applies is in the designated area or licensed premises in contravention of the order.
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