Document ID: chunk:federal_register_of_legislation:C2024C00794:section:70:p2
Version: federal_register_of_legislation:C2024C00794
Segment Type: section
Provision Reference: s 70 (pt 2/3)
Character Range: 389547–392085

Commonwealth or the Northern Territory.
 (2B) In proceedings 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 19(13) (about Land Trust authorisations).
Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).
 (2C) In proceedings against a person for an offence against subsection (1), it is a defence if:
 (a) the land (the relevant land) the person entered or remained on is part of land (the leased land) that is leased under section 19A; and
 (b) the person entered or remained on the relevant land for any purpose that is related to the use or enjoyment, of an estate or interest in the whole or a part of the leased land, by the owner of the estate or interest.
Note: A defendant bears an evidential burden in relation to the matter in subsection (2C) (see subsection 13.3(3) of the Criminal Code).
 (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.
 (3) In proceedings for an offence against subsection (1), it is a defence if the person charged proves that his or her entry or remaining on the land was due to necessity.
 (4) Where:
 (a) a person has an estate or interest in land, being land that the person is entitled, under subsection (2), to enter and remain upon or being land in the vicinity of Aboriginal land; and
 (b) there is no practicable way of gaining access to the land in which the person has that estate or interest otherwise than by crossing Aboriginal land (not being land that is, or forms part of, land described in Schedule 1);
a person is entitled, for the purpose of gaining that access so as to enable the use or enjoyment of that estate or interest by the owner of that estate or interest, to enter that Aboriginal land and to cross it by a route:
 (c) that is agreed upon between the owner of that estate or interest and the Land Council in the area of which that Aboriginal land is situated; or
 (d) if