Document ID: chunk:federal_register_of_legislation:C2018C00190:section:11
Version: federal_register_of_legislation:C2018C00190
Segment Type: section
Provision Reference: s 11
Character Range: 17463–19301

11  Additional offences on premises in a Territory
 (1) A person who trespasses on premises in a Territory commits an offence, punishable on conviction by a fine of not more than 10 penalty units.
 (2) A person who:
 (a) engages in unreasonable obstruction in relation to the passage of persons or vehicles into, out of, or on premises in a Territory, or otherwise in relation to the use of premises in a Territory;
 (b) while trespassing on premises in a Territory, behaves in an offensive or disorderly manner; or
 (c) being in or on premises in a Territory, refuses or neglects to leave those premises on being directed to do so by the occupier or a person acting with the authority of the occupier;
commits an offence, punishable on conviction by a fine of not more than 20 penalty units.
 (2A) For the purposes of an offence against subsection (1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the premises are in a Territory.
Note: For absolute liability, see section 6.2 of the Criminal Code.
 (2B) Subsection (1) and paragraph (2)(c) do not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).
 (3) Notwithstanding section 23, the consent of the Director of Public Prosecutions, or of a person, or of a person included in a class of persons, authorized by the Director of Public Prosecutions for the purposes of subsection (2) of that section, is not required for the institution of proceedings for the prosecution of an offence against this section.
 (3A) This section is not intended to exclude or limit the concurrent operation of any law of the Australian Capital Territory.
 (4) In this section, premises does not include Commonwealth premises.