South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 15—Offensive weapons, etc
(1) Section
15—after subsection (1b) insert:
(1ba) A person who,
without lawful excuse, at night, in or in the vicinity of licensed
premises—
(a)
carries an offensive weapon; or
(b)
possesses or uses a dangerous article,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(1bb) It is a defence
to prosecution for an offence against subsection (1ba) to prove
that—
(a) if
the charge relates to the defendant's being in licensed premises—the
defendant did not know and had no reason to believe he or she was in premises
where liquor was sold or supplied; or
(b) if
the charge relates to the defendant's being in the vicinity of licensed
premises—the defendant did not know he or she was in the vicinity of
premises where liquor was sold or supplied.
(1bc) If on the trial
of a person for an offence against subsection (1ba) the court is not
satisfied that the person is guilty of the offence charged, but is satisfied
that the person is guilty of an offence against subsection (1) or (1b), the
court may find the person guilty of the latter offence.
(2) Section
15(3)—after the definition of "implement of housebreaking insert:
"licensed premises" means premises licensed under the Liquor Licensing
Act 1997 ;
"night" means the interval between 9 p.m. in the evening and 6 a.m. in the
morning of the following day;