South Australian Current Acts

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SUMMARY OFFENCES ACT 1953 - SECT 17B

17B—Interference with gates and fences

        (1)         A person who, without the authority of the occupier of land on which animals are kept in the course of primary production—

            (a)         opens and leaves open a gate on or leading to the land; or

            (b)         unfastens and leaves unfastened a gate on or leading to the land; or

            (c)         on finding a gate on or leading to the land open, closes it and leaves it closed; or

            (d)         removes or disables a gate on or leading to the land; or

            (e)         interferes with any part of a fence on or immediately surrounding the land in a manner that—

                  (i)         causes the animals to no longer be confined by the fence; or

                  (ii)         gives rise to a risk that the animals will no longer be confined by the fence,

is guilty of an offence.

Maximum penalty: $1 500.

Expiation fee: $375.

        (2)         It is a defence to a charge of an offence against subsection (1) to prove that the defendant's act was not intended to cause loss, annoyance or inconvenience and was not done with reckless indifference to the interests of the owner of the animals.

        (3)         In this section—

"gate" includes a cattle grid or any moveable thing used to enclose land, including a slip panel or moveable fence.



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