Document ID: chunk:federal_register_of_legislation:C2004A00879:clause:1_38
Version: federal_register_of_legislation:C2004A00879
Segment Type: clause
Provision Reference: sch 1 cl 38
Character Range: 10586–12100

38  Subsections 48(3) and (4)
Repeal the subsections, substitute:

 (3) A person commits an offence if:
 (a) the person enters or remains in a place; and
 (b) a declaration under subsection (1) is in force in relation to the place; and
 (c) a sign is displayed in relation to the place; and
 (d) the sign is displayed under subsection (2).

Penalty: $1,000.

 (3A) Strict liability applies to paragraphs (3)(b) and (d).

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

 (3B) Subsection (3) does not apply if:
 (a) the person enters or remains in the place:
 (i) in performing functions under this Act; or
 (ii) otherwise in accordance with this Act or a law in force in the Territory; or
 (iii) with the consent of the Council; or
 (b) the person is an Aboriginal member of the Community.

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

 (4) A person commits an offence if:
 (a) the person does an act; and
 (b) the act results in damage or disturbance to a place; and
 (c) a declaration under subsection (1) is in force in relation to the place; and
 (d) a sign is displayed in relation to the place; and
 (e) the sign is displayed under subsection (2).

Penalty: $5,000 or imprisonment for 2 years, or both.

 (4A) Strict liability applies to paragraphs (4)(c) and (e).

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

Aboriginal Land (Lake Condah and Framlingham Forest) Act 1987