Document ID: chunk:federal_register_of_legislation:C2024C00812:section:9
Version: federal_register_of_legislation:C2024C00812
Segment Type: section
Provision Reference: s 9
Character Range: 7352–9078

9  Unlawful entry etc.
 (1) A person commits an offence if:
 (a) the person is in, enters or flies over an area; and
 (b) the area is a prohibited area.
Penalty: Imprisonment for 7 years.
 (1A) Subsection (1) does not apply if the person holds a permit under section 11 in respect of the prohibited area.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code.
 (1B) If a permit under section 11 has been issued to the master of a ship or the pilot of an aircraft for the purpose of enabling the ship or aircraft to enter, pass through or be over a prohibited area, a person lawfully on board the ship or aircraft does not commit an offence under subsection (1) by reason only of his or her presence on board the ship or aircraft.
Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code.
 (2) A person commits an offence if:
 (a) the person:
 (i) makes a photograph, sketch, plan, model, article, note or other document of, or relating to, an area or anything in an area; or
 (ii) obtains, collects, records, uses, has in his or her possession, publishes or communicates to some other person a photograph, sketch, plan, model, article, note or other document or information relating to, or used in, an area, or relating to anything in an area; and
 (b) the area is a prohibited area.
Penalty: Imprisonment for 7 years.
 (3) Subsection (2) does not apply if the person has lawful authority or excuse for the relevant conduct.
Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.