Camping or sleeping on Local Government Property without a permit
Whether there is any inconsistency between City of Stirling local government law and s 27 of the Criminal Investigation Act 2006 Criminal law
Quick Take
1A defence of honest claim of right under s 22 of the Criminal Code (WA) requires an evidentiary foundation of a claim to an entitlement in or with respect to property; assertions of moral rights such as freedom of movement, security of person, or a right to life do not constitute a 'claim of right' relating to property capable of engaging the defence.
2A local government authorised person's power under a local law to direct a person to leave local government property is not inconsistent with the police 'move on power' under s 27 of the Criminal Investigation Act 2006 (WA), and the local law is not rendered inoperative under s 3.7 of the Local Government Act 1995 (WA) by the existence of that police power.
3For the purposes of s 3.7 of the Local Government Act 1995 (WA), inconsistency between a local law and another written law requires incongruity, incompatibility, or lack of harmony between the two provisions.
