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CRIMES ACT 1914 SECT 89
89 Trespassing on Commonwealth land
- (1)
- A person who, without lawful excuse (proof whereof shall
lie upon him), trespasses or goes upon any prohibited
Commonwealth land shall be guilty of an offence.
Penalty: 10 penalty units.
- (2)
- Where a person is found upon prohibited Commonwealth
land, a constable, a protective service officer or an
authorized Commonwealth officer may request the person to
furnish his name and address to the constable or officer
and, if the person fails to comply with the request, he
shall be guilty of an offence.
Penalty: 10 penalty units.
- (3)
- Where a person is found upon prohibited Commonwealth
land and a constable or authorized Commonwealth officer
has reasonable grounds to believe that that person has
gone upon the land in circumstances that amount to an
offence against subsection (1), the constable or
officer may apprehend that person and that person may be
detained in proper custody to be dealt with according to
law.
- (4)
- An authorized Commonwealth officer shall not, under this
section, request a person to furnish his name or address,
or apprehend a person, unless he first produces to the
person the instrument by virtue of which he is an
authorized Commonwealth officer.
- (5)
- In this section:
authorized Commonwealth officer means a
Commonwealth officer declared by a Minister, by instrument
in writing, to be an authorized Commonwealth officer for
the purposes of this section.
prohibited Commonwealth land means land
belonging to, or in the occupation of, the Commonwealth or
a public authority under the Commonwealth, being land upon
which is posted a notice to the effect that trespassing
upon the land is prohibited.
protective service officer has the same meaning
as in the Australian
Protective Service Act 1987 .
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