Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who trespasses on Commonwealth premises 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 Commonwealth premises, or otherwise in relation to the use of Commonwealth premises;
(b) being in or on Commonwealth premises, behaves in an offensive or disorderly manner; or
(c) being in or on Commonwealth premises, refuses or neglects to leave those premises on being directed to do so by a constable, by a protective service officer, or by a person authorized in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section;
commits an offence, punishable on conviction by a fine of not more than 20 penalty units.
(3) 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 Commonwealth premises.
Note: For absolute liability , see section 6.2 of the Criminal Code .
(4) For the purposes of an offence against paragraph ( 2)(c), strict liability applies to the physical element of circumstance of the offence, that the direction had been given by:
(a) a constable; or
(b) a protective service officer; or
(c) a person authorised in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section.
Note: For strict liability , see section 6.1 of the Criminal Code .
(5) 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 ( 5) (see subsection 13.3(3) of the Criminal Code ).
(6) Subsection ( 2) does not apply in relation to Commonwealth premises being used exclusively in connection with the sittings, or any other operation, of a court as defined in the Court Security Act 2013 .
Note: A defendant bears an evidential burden in relation to the matter in subsection ( 6) (see subsection 13.3(3) of the Criminal Code ).