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PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 12

Additional offences on Commonwealth premises

  (1)   A person who trespasses on Commonwealth premises commits an offence, punishable on conviction by a fine of not more than 10 penalty units.

  (2)   A person who:

  (a)   engages in unreasonable obstruction in relation to the passage of persons or vehicles into, out of, or on Commonwealth premises, or otherwise in relation to the use of Commonwealth premises;

  (b)   being in or on Commonwealth premises, behaves in an offensive or disorderly manner; or

  (c)   being in or on Commonwealth premises, refuses or neglects to leave those premises on being directed to do so by a constable, by a protective service officer, or by a person authorized in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section;

commits an offence, punishable on conviction by a fine of not more than 20 penalty units.

  (3)   For the purposes of an offence against subsection   ( 1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the premises are Commonwealth premises.

Note:   For absolute liability , see section   6.2 of the Criminal Code .

  (4)   For the purposes of an offence against paragraph   ( 2)(c), strict liability applies to the physical element of circumstance of the offence, that the direction had been given by:

  (a)   a constable; or

  (b)   a protective service officer; or

  (c)   a person authorised in writing by a Minister or the public authority under the Commonwealth occupying the premises to give directions for the purposes of this section.

Note:   For strict liability , see section   6.1 of the Criminal Code .

  (5)   Subsection   ( 1) and paragraph   ( 2)(c) do not apply if the person has a reasonable excuse.

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 5) (see subsection   13.3(3) of the Criminal Code ).

  (6)   Subsection   ( 2) does not apply in relation to Commonwealth premises being used exclusively in connection with the sittings, or any other operation, of a court as defined in the Court Security Act 2013 .

Note:   A defendant bears an evidential burden in relation to the matter in subsection   ( 6) (see subsection   13.3(3) of the Criminal Code ).


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