Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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 .