Trespass Act 2023

It is a defence to a prosecution for an offence against section 15(1) or (2), 16(1) or 17(2) if the conduct was reasonable in the circumstances to prevent or mitigate severe hardship to the defendant or others.

Examples for section 18

1 Substantial difficulty in obtaining groceries, medication or health related services.

2 Unreasonable risk to health or safety.

3 Other hardship that the court considers severe in all of the circumstances.

Note for section 18

The defendant has an evidential burden in relation to this defence (see section 43BU of the Criminal Code).

Part 4 Police and procedural matters