Trespass after warning to stay off
16 Trespass after warning to stay off
A person commits an offence if the person:
is warned under section 10 to stay off and not enter a place; and
enters the place contrary to section 10(5).
Maximum penalty: 20 penalty units.
(2) An offence against subsection (1) is an offence of strict liability.
(3) It is a defence to a prosecution for an offence against subsection (1) if the person by whom, or on whose behalf, the warning was given is no longer an occupier of the place entered.
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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