Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 12

(1)

A person who trespasses on Commonwealth premises is guilty of an offence, punishable on conviction by a fine of not more than 10 penalty units.

(2)

A person who:

(a)

engages in unreasonable obstruction in relation to the passage of persons or vehicles into, out of, or on Commonwealth premises, or otherwise in relation to the use of Commonwealth premises;

(b)

being in or on Commonwealth premises, behaves in an offensive or disorderly manner; or

(c)

being in or on Commonwealth premises, refuses or neglects to leave those premises on being directed to do so by a constable, by a protective service officer, or by a person authorized in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section;

is guilty of an offence, punishable on conviction by a fine of not more than 20 penalty units.

(3)

For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the premises are Commonwealth premises.

Note: For absolute liability , see section 6.2 of the Criminal Code .

(4)

For the purposes of an offence against paragraph (2)(c), strict liability applies to the physical element of circumstance of the offence, that the direction had been given by:

(a)

a constable; or

(b)

a protective service officer; or

(c)

a person authorised in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section.

Note: For strict liability , see section 6.1 of the Criminal Code .

(5)

Subsection (1) and paragraph (2)(c) do not apply if the person has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).