(1) A person must not enter, remain on or near, climb, jump from or otherwise
trespass on or block entry to any part of a major facility if that conduct--
Editorial
note--: On 13 December 2023, the Supreme Court of New South Wales in Kvelde v
State of New South Wales[2023[#93] NSWSC 1560 declared that
section 214A(1)(c), to the extent that the paragraph makes it an offence for
persons engaged in the conduct specified in the paragraph to causepart of the
major facility to be closed is invalid.
Editorial note--: On 13 December 2023,
the Supreme Court of New South Wales in Kvelde v State of New South
Wales[2023[#93] NSWSC 1560 declared that section 214A(1)(d) is invalid.
:
Maximum penalty--200 penalty units or imprisonment for 2 years, or both.
(2)
It is a defence to the prosecution of an offence against this section if the
person charged proves that the person had a reasonable excuse for the conduct.
(3) A person does not commit an offence under this section if the conduct
forms part of the following--
(a) industrial action,
(b) an industrial
dispute,
(c) an industrial campaign.
(4) A person does not commit an offence
under this section if the conduct occurs--
(a) at the workplace at which the
person works, or
(b) at a workplace owned, occupied, operated or used by an
employer of the person.
(5) This section does not apply to the extent that it
prohibits conduct in relation to--
(a) Parliament House, or
(b) an office of
a member of parliament.
(6) A person does not commit an offence under this
section for anything done or omitted to be done in accordance with the consent
or authority of--
(a) the NSW Police Force, or
(b) another public authority,
or
(c) for a privately owned major facility--the owner or operator of the
facility.
(7) In this section--
"major facility" means the following, whether publicly or privately owned--
(a) a railway station or other public transport facility prescribed by the
regulations,
(c)
an infrastructure facility, including a facility providing water, sewerage,
energy, manufacturing, distribution or other services to the public,
prescribed by the regulations.