New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 214A

214A Damage or disruption to major facility

(1) A person must not enter, remain on or near, climb, jump from or otherwise trespass on or block entry to any part of a major facility if that conduct--

(a) causes damage to the major facility, or

(b) seriously disrupts or obstructs persons attempting to use the major facility, or

(c) causes the major facility, or part of the major facility, to be closed, or

Editorial note--: On 13 December 2023, the Supreme Court of New South Wales in Kvelde v State of New South Wales[2023] NSWSC 1560 declared that section 214A(1)(c), to the extent that the paragraph makes it an offence for persons engaged in the conduct specified in the paragraph to cause part of the major facility to be closed is invalid.

(d) causes persons attempting to use the major facility to be redirected.

Editorial note--: On 13 December 2023, the Supreme Court of New South Wales in Kvelde v State of New South Wales[2023] NSWSC 1560 declared that section 214A(1)(d) is invalid.

: Maximum penalty--200 penalty units or imprisonment for 2 years, or both.

(2) It is a defence to the prosecution of an offence against this section if the person charged proves that the person had a reasonable excuse for the conduct.

(3) A person does not commit an offence under this section if the conduct forms part of the following--

(a) industrial action,

(b) an industrial dispute,

(c) an industrial campaign.

(4) A person does not commit an offence under this section if the conduct occurs--

(a) at the workplace at which the person works, or

(b) at a workplace owned, occupied, operated or used by an employer of the person.

(5) This section does not apply to the extent that it prohibits conduct in relation to--

(a) Parliament House, or

(b) an office of a member of parliament.

(6) A person does not commit an offence under this section for anything done or omitted to be done in accordance with the consent or authority of--

(a) the NSW Police Force, or

(b) another public authority, or

(c) for a privately owned major facility--the owner or operator of the facility.

(7) In this section--

"major facility" means the following, whether publicly or privately owned--

(a) a railway station or other public transport facility prescribed by the regulations,

(b) a private port within the meaning of the Ports and Maritime Administration Act 1995 , or another port prescribed by the regulations,

(c) an infrastructure facility, including a facility providing water, sewerage, energy, manufacturing, distribution or other services to the public, prescribed by the regulations.