Victorian Numbered Acts Victorian Numbered Acts(1) An individual or organisation that knows or is reckless as to the fact that a control order is in effect that applies to the individual or organisation must not contravene that control order.
Penalty: In the case of an individual, 600 penalty units or imprisonment for 5 years or both;
In case of a body corporate, 3000 penalty units.
(2) An offence against subsection (1) is an indictable offence.
(3) For the purposes of subsection (1), service of a copy of a control order that applies to the individual or organisation is proof, in the absence of evidence to the contrary, that the individual or organisation knows that a control order that applies to that individual or organisation is in effect.
(4) An individual who is prohibited under a condition of a control order from being a member of a declared organisation does not contravene that condition for the purposes of subsection (1) if—
(a) the individual presents or points to evidence that suggests a reasonable possibility that he or she took all reasonable steps to cease to be a member of the organisation as soon as practicable after he or she knew that the order was in effect; and
(b) the contrary is not proved (beyond reasonable doubt) by the prosecution.
(5) In proceedings for an offence against subsection (1) for a contravention by an individual (the accused ) of a condition of a control order that prohibits the individual from associating with other individuals, it is not necessary for the prosecution to prove that the accused associated with another person for any particular purpose or that the association would have led to the commission of any offence.
(6) In this section, "control order" includes any ancillary order.
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