Queensland Consolidated Acts

PENALTIES AND SENTENCES ACT 1992 - SECT 43O

43O Contravention of banning order

(1) A person must not, without reasonable excuse, contravene a banning order.

Penalty—

Maximum penalty—40 penalty units or 1 year’s imprisonment.

(2) A Magistrates Court that convicts a person of an offence against subsection (1) may, in addition to or instead of sentencing the person under subsection (1) —

(a) if the banning order was made by a Magistrates Court—amend the order; or

(b) if the banning order was made by the Supreme or District Court (the
"sentencing court" )—order the person to appear before the sentencing court.

(3) If an order is made under subsection (2) (b) , the Magistrates Court must also make either of the following orders—

(a) an order committing the person into custody to be brought before the sentencing court;

(b) an order granting the person bail on the condition that the person appear before the sentencing court.

(4) If the Magistrates Court sentenced the person under subsection (1) , the sentencing court may amend the order or decide no further action be taken.

(5) If the Magistrates Court did not sentence the person under subsection (1) , the sentencing court may do any of the following—

(a) sentence the person under subsection (1) ;

(b) in addition to or instead of sentencing the person under subsection (1) , amend the order;

(c) decide no further action be taken.