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A person is not guilty of aiding or abetting a breach of an intervention order if:

a) The person is a person protected by the intervention order that has been contravened; and
b) The conduct constituting contravention of the intervention order did not constitute contravention of the order in respect of another person protected by the order or of any other intervention order (of which the person was or ought reasonably to have been aware) in force against the defendant and protecting another person.

However, if this creates a situation where the protected person has aided and abetted a breach of bail – due to specific terms named within – then they may be charged.

Intervention Orders (Prevention of Abuse) Act 2009 s 31(3) and (4).

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