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NUCLEAR NON-PROLIFERATION (SAFEGUARDS) ACT 1987 - SECT 31A

Unauthorised access to areas etc. to which access is restricted under permit

  (1)   A person commits an offence if:

  (a)   the person enters an area or gets onto or into a vehicle, aircraft or ship; and

  (b)   the holder of a permit is required by a condition on the permit:

  (i)   to restrict access to the area, vehicle, aircraft or ship to persons who have been authorised by the holder; and

  (ii)   to mark the area, vehicle, aircraft or ship with signs indicating that entering or getting onto or into it without the authorisation of the holder of a permit is an offence under this Act; and

  (c)   the area, vehicle, aircraft or ship is clearly marked with signs indicating that entering or getting onto or into it without the authorisation of the holder of a permit is an offence under this Act.

Penalty:   Imprisonment for 6 months.

  (2)   Strict liability applies to paragraphs   (1)(b) and (c).

  (3)   Subsection   (1) does not apply if the person is authorised by the holder of the permit described in paragraph   (1)(b) to enter the area or get onto or into the vehicle, aircraft or ship.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   (3) (see subsection   13.3(3) of the Criminal Code ).

  (4)   Section   15.2 of the Criminal Code (extended geographical jurisdiction--category B) applies to an offence against subsection   (1) of this section.



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