Document ID: chunk:federal_register_of_legislation:C2011C00065:clause:4_9
Version: federal_register_of_legislation:C2011C00065
Segment Type: clause
Provision Reference: sch 4 cl 9
Character Range: 52242–54061

9  Subsection 70(2A)
Repeal the subsection, substitute:

 (2A) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on the land:
 (a) in performing duties as the Governor‑General or as a person appointed to administer the Government of the Commonwealth under section 4 of the Constitution; or
 (b) in performing duties as the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or
 (c) in performing duties as a member of either House of the Parliament or as a member of the Legislative Assembly of the Northern Territory; or
 (d) as a candidate for election as a member of the House of Representatives for a Northern Territory electorate, as a Senator for the Northern Territory or as a member of the Legislative Assembly of the Northern Territory; or
 (e) in performing functions, or exercising powers, under this Act or another law of the Commonwealth or under a law of the Northern Territory; or
 (f) in performing functions or exercising powers as a Commonwealth or Northern Territory officer; or
 (g) in performing functions or exercising powers as an officer, member or employee of, or on behalf of, a local government body in the Northern Territory; or
 (h) in accordance with this Act or a law of the Northern Territory.

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

 (2AA) In paragraph (2A)(f):

Commonwealth or Northern Territory officer means:
 (a) a person who is in the service or employment of the Commonwealth, the Northern Territory or an Authority; or
 (b) a person who holds, or performs the duties of, an appointment, office or position under a law of the Commonwealth or the Northern Territory.