Document ID: chunk:federal_register_of_legislation:C2007C00447:clause:1_200
Version: federal_register_of_legislation:C2007C00447
Segment Type: clause
Provision Reference: sch 1 cl 200
Character Range: 126066–127065

200  After subsection 70(2A)
Insert:

 (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).