Trespass on Crown or other land
14 Trespass on Crown or other land
A person commits an offence if:
the person intentionally enters land; and
(b) the land is Crown land or is land occupied by the Territory, the Commonwealth or a statutory corporation; and
(c) a notice is posted on the land clearly warning that trespassing on the land is prohibited.
Maximum penalty: 20 penalty units.
Strict liability applies to subsection (1)(b) and (c).
(3) It is a defence to a prosecution for an offence against subsection (1) if:
(a) the defendant was not aware of, and could not reasonably be assumed to have been aware of, the notice posted on the land; or
the defendant:
(i) did not know the land was Crown land, or land occupied by the Territory, the Commonwealth or a statutory corporation; and
entered the land while hunting or in the pursuit of game.
Note for subsection (3)
The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).
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