Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 20

(1)

A person who trespasses on protected 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 protected premises, or otherwise in relation to the use of protected premises;

(b)

while trespassing on protected premises, behaves in an offensive or disorderly manner; or

(c)

being in or on protected premises, refuses or neglects to leave those premises on being directed to do so by a constable, by a protective service officer, by a protected person residing or performing duties on the premises, or by a person acting in accordance with authority conferred on him or her by such a protected person;

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

(3)

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 (3) (see subsection 13.3(3) of the Criminal Code ).

(4)

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 relevant premises are protected premises.

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

(5)

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 protected person residing or performing duties on the premises; or

(d)

a person acting in accordance with authority conferred on him or her by such a protected person.

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