Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:4_11
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 4 cl 11
Character Range: 54838–55438

11  After subsection 70(2C)
Insert:

 (2D) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on premises (other than a sacred site) on community land with the permission of the occupier of the premises.

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

 (2E) In subsection (2D):

community land has the meaning given by section 70A.

occupier of premises includes a person present at the premises who is in apparent control of the premises.