NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 31A Unauthorised access to areas etc. to which access is restricted under permit

NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 31A

  (1)   A person commits an offence if:

  (a)   the person enters an area or gets onto or into a vehicle, aircraft or ship; and

  (b)   the holder of a permit is required by a condition on the permit:

  (i)   to restrict access to the area, vehicle, aircraft or ship to persons who have been authorised by the holder; and

  (ii)   to mark the area, vehicle, aircraft or ship with signs indicating that entering or getting onto or into it without the authorisation of the holder of a permit is an offence under this Act; and

  (c)   the area, vehicle, aircraft or ship is clearly marked with signs indicating that entering or getting onto or into it without the authorisation of the holder of a permit is an offence under this Act.

Penalty:   Imprisonment for 6 months.

  (2)   Strict liability applies to paragraphs   ( 1)(b) and (c).

  (3)   Subsection   ( 1) does not apply if the person is authorised by the holder of the permit described in paragraph   ( 1)(b) to enter the area or get onto or into the vehicle, aircraft or ship.

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

  (4)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   ( 1) of this section.