Commonwealth Consolidated Regulations

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DEFENCE (PUBLIC AREAS) BY-LAWS 1987 - REG 11

Additional activities prohibited without consent of commanding officer or ranger

         (1)   A person is guilty of an offence if, in a public area, the person does any of the following:

                (a)    leaves any rubbish or litter in a place that is not a receptacle made available by the Commonwealth for use by persons in the public area;

               (b)    parks a vehicle in a place that is not a parking area;

                (c)    camps in a place that is not a camping area;

               (d)    contravenes a direction, warning or requirement on a sign erected or placed with the approval of a commanding officer under by‑law 4;

                (e)    removes or interferes with a sign erected or placed with the approval of a commanding officer under by‑law 4.

Penalty:   5 penalty units.

         (2)   In paragraphs (1) (d) and (e) strict liability applies to the physical element that the sign was erected or placed with the approval of a commanding officer under by‑law 4.

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

         (3)   It is a defence if the person's conduct is in accordance with a written consent given by the commanding officer or a ranger.

Note    A defendant bears an evidential burden in relation to the matter in sub‑by‑law (3) (see section 13.3 of the Criminal Code ).



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