Commonwealth Consolidated Acts

CRIMES ACT 1914 - SECT 47B

  (1)   A person commits an offence if:

  (a)   the person was in criminal detention in a prison, lock - up or other place of criminal detention; and

  (b)   the detention was lawful federal criminal detention; and

  (c)   in accordance with a permission given under a law of a State or Territory (other than the Australian Capital Territory), the person leaves the prison, lock - up or other place; and

  (d)   the person refuses, or fails, to return to the prison, lock - up or other place in accordance with that permission.

Penalty:   Imprisonment for 5 years.

  (2)   Absolute liability applies to the paragraph   (1)(b) element of the offence.

Note:   For absolute liability, see section   6.2 of the Criminal Code .

  (3)   Paragraph   (1)(d) does not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).