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Contents (1900 - 40)
Crimes Act 1900 No 40
Current version for 25 September 2017 to date (accessed 19 October 2017 at 18:24)
Part 3A Division 7
Division 7 Consorting
93W   Definitions
In this Division:
consort means consort in person or by any other means, including by electronic or other form of communication.
convicted offender means a person who has been convicted of an indictable offence (disregarding any offence under section 93X).
93X   Consorting
(1)  A person who:
(a)  habitually consorts with convicted offenders, and
(b)  consorts with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,
is guilty of an offence.
Maximum penalty: Imprisonment for 3 years, or a fine of 150 penalty units, or both.
(2)  A person does not habitually consort with convicted offenders unless:
(a)  the person consorts with at least 2 convicted offenders (whether on the same or separate occasions), and
(b)  the person consorts with each convicted offender on at least 2 occasions.
(3)  An official warning is a warning given by a police officer (orally or in writing) that:
(a)  a convicted offender is a convicted offender, and
(b)  consorting with a convicted offender is an offence.
93Y   Defence
The following forms of consorting are to be disregarded for the purposes of section 93X if the defendant satisfies the court that the consorting was reasonable in the circumstances:
(a)  consorting with family members,
(b)  consorting that occurs in the course of lawful employment or the lawful operation of a business,
(c)  consorting that occurs in the course of training or education,
(d)  consorting that occurs in the course of the provision of a health service,
(e)  consorting that occurs in the course of the provision of legal advice,
(f)  consorting that occurs in lawful custody or in the course of complying with a court order.