Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who trespasses on protected 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 protected premises, or otherwise in relation to the use of protected premises;
(b) while trespassing on protected premises, behaves in an offensive or disorderly manner; or
(c) being in or on protected premises, refuses or neglects to leave those premises on being directed to do so by a constable, by a protective service officer, by a protected person residing or performing duties on the premises, or by a person acting in accordance with authority conferred on him or her by such a protected person;
commits an offence, punishable on conviction by a fine of not more than 20 penalty units.
(3) 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 ( 3) (see subsection 13.3(3) of the Criminal Code ).
(4) 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 relevant premises are protected premises.
Note: For absolute liability , see section 6.2 of the Criminal Code .
(5) 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 protected person residing or performing duties on the premises; or
(d) a person acting in accordance with authority conferred on him or her by such a protected person.
Note: For strict liability , see section 6.1 of the Criminal Code .