New South Wales Consolidated Acts

RESTRICTED PREMISES ACT 1943 - SECT 8

8 Offence by owner of premises

(1) After the service of a notice under section 6 on the owner of premises of the making of a declaration, the owner is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.

: Maximum penalty--50 penalty units or imprisonment for 6 months, or both.

(2) An owner of premises is not guilty of an offence under subsection (1) if the owner proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.

(2A) After the service of a notice under section 6 on the owner of premises of the making of a reputed criminal declaration, the owner is guilty of an offence if, while the declaration is in force, a reputed criminal--

(a) attends the premises, or

(b) has, or takes part or assists in, the control or management of the premises.

: Maximum penalty--150 penalty units or imprisonment for 3 years, or both.

(2B) An owner of premises is not guilty of an offence under subsection (2A) if the owner proves that he or she has taken all reasonable steps to prevent a reputed criminal--

(a) attending the premises, or

(b) having, or taking part or assisting in, the control or management of the premises.

(2C) A person is not liable to be convicted of an offence under both subsections (1) and (2A) in respect of essentially the same facts.

(3) An owner of premises that are occupied by a person other than the owner is not guilty of an offence under this section if the owner proves that he or she has taken all reasonable steps to evict the occupier from the premises.