Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:4_10
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 4 cl 10
Character Range: 54061–54838

10  After subsection 70(2B)
Insert:

 (2BA) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on the land in accordance with an authorisation in force under subsection (2BB).

Note: A defendant bears an evidential burden in relation to the matter in subsection (2BA) (see subsection 13.3(3) of the Criminal Code).

 (2BB) The Minister may, by writing, authorise a specified person, or any person included in a specified class of persons, to enter or remain on Aboriginal land.

 (2BC) An authorisation under subsection (2BB) is not a legislative instrument.

 (2BD) Subsections (2BA) to (2BC) cease to have effect at the end of the period of 5 years beginning on the day on which this subsection commenced.