South Australian Consolidated Acts

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SUMMARY OFFENCES ACT 1953 - SECT 17

17—Being on premises for an unlawful purpose

        (1)         A person who has entered, or is present on, premises for an unlawful purpose or without lawful excuse is guilty of an offence.

Maximum penalty:

Where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years.

In any other case—$2 500 or imprisonment for 6 months.

        (1a)         Despite section 5, the onus of proving absence of lawful excuse in proceedings for an offence against this section lies upon the prosecution.

        (2)         Where a police officer believes on reasonable grounds that a person has entered, or is present on, premises for the purpose of committing an offence, the officer may order the person to leave the premises.

        (3)         A person who fails to comply with an order under subsection (2) is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

        (4)         In this section—

"premises" means—

            (a)         any land; or

            (b)         any building or structure; or

            (c)         any aircraft, vehicle, ship or boat.



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