INCLOSED LANDS PROTECTION ACT 1901 - SECT 4AA Unlawful re-entry on inclosed lands

INCLOSED LANDS PROTECTION ACT 1901 - SECT 4AA

4AA Unlawful re-entry on inclosed lands

(1) A person who, without reasonable excuse, knowingly enters an event venue during an organised event in contravention of a re-entry prohibition given to the person is guilty of an offence.

: Maximum penalty--10 penalty units.

(2) A
"re-entry prohibition" is a direction given by a responsible authority for an organised event, after a person has been directed to leave the organised event, that directs the person--

(a) not to re-enter the event venue during the organised event, or

(b) not to enter any specified event venue during an organised event for which the responsible authority is the responsible authority,

or both.

(3) A re-entry prohibition may be given orally in person or in writing.

(4) The responsible authority must, at the time of giving the re-entry prohibition--

(a) specify the event venue or venues, and organised event or events, to which the re-entry prohibition applies, and

(b) specify the duration of the re-entry prohibition, and

(c) state the reason why the re-entry prohibition is being given, and

(d) warn the person subject to the re-entry prohibition that it is an offence to contravene the re-entry prohibition.

(5) Proof of reasonable excuse under this section lies on the person charged with the offence.

(6) If a person who enters an event venue in contravention of a re-entry prohibition is also prohibited or banned from entering the event venue under another Act or law, the person cannot be found guilty of both an offence under this Act and an offence under the other Act or law in respect of the same conduct.

(7) In this section--


"event organiser" in relation to an organised event means the person in charge or apparently in charge of the organised event and who has the power to admit persons to or exclude persons from attending the organised event.


"event venue" means that part of inclosed lands used for an organised event to which right of entry is conferred by a ticket, membership or similar arrangement.


"organised event" means--

(a) an organised sporting event, and includes any performance, ceremony or formalities conducted in conjunction with the event, or

(b) an organised public exhibition, fair, convention, performance, ceremony, festival or similar event, or

(c) an event of a kind prescribed by the regulations.

"responsible authority" for an organised event means--

(a) the owner, occupier or person apparently in charge of the event venue used or to be used for the organised event, or

(b) the event organiser.