South Australian Current Acts South Australian Current Acts17—Being on premises for an unlawful purpose
(a1) A person who has
entered, or is present on, primary production premises for an unlawful purpose
or without lawful excuse is guilty of an offence.
Maximum penalty:
(a)
where the unlawful purpose is the commission of an offence punishable by a
maximum term of imprisonment of 2 years or more—imprisonment for
2 years;
(b) in
any other case—
(i)
if the offence is committed in aggravated
circumstances—$10 000 or imprisonment for 12 months;
(ii)
if the offence is not committed in aggravated
circumstances—$5 000 or 6 months imprisonment.
(a2) A person commits
an offence against subsection (a1) in "aggravated circumstances if, while
on the primary production premises, the person—
(a)
interferes with, or attempts or intends to interfere with, primary
production activities; or
(b) is
accompanied by 2 or more persons; or
(c) does
anything that gives rise to a serious risk to the safety of the person or any
other person on the premises; or
(d) does
anything that—
(i)
involves, or gives rise to a risk of—
(A) the introduction, spread or increase of
a disease or pest; or
(B) the contamination of any substance or
thing; or
(ii)
gives rise to any other risk, or kind of risk, related to
primary production activities prescribed by the regulations; or
(e)
intentionally causes, or is recklessly indifferent as to whether they cause,
damage to an operation or activity connected to the primary production
activities at the premises.
(1) A person who has
entered, or is present on, other premises for an unlawful purpose or without
lawful excuse is guilty of an offence.
Maximum penalty:
Where the unlawful purpose is the commission of an offence punishable by a
maximum term of imprisonment of 2 years or more—imprisonment for 2
years.
In any other case—$2 500 or imprisonment for 6 months.
(1a) Despite
section 5, the onus of proving absence of lawful excuse in proceedings
for an offence against this section lies upon the prosecution.
(2) Where a police
officer believes on reasonable grounds that a person has entered, or is
present on, premises for the purpose of committing an offence, the officer may
order the person to leave the premises.
(3) A person who fails
to comply with an order under subsection (2) is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(3a) A person found
guilty of an offence against subsection (a1) committed in aggravated
circumstances is liable to pay compensation to a person for injury, loss or
damage to the person resulting from the offence of which the defendant has
been found guilty, unless exceptional circumstances exist.
(3b) Compensation
payable under subsection (3a) will be of such amount as the court
considers appropriate having regard to any evidence before the court and to
any representations made by or on behalf of the prosecutor or the defendant.
(4) In this
section—
"premises" means—
(a) any
land; or
(b) any
building or structure; or
(c) any
aircraft, vehicle, ship or boat;
"primary production premises" means premises used for the purpose of
primary production activities.