Summary Offences Act 1953

A person who has entered, or is present on, primary production premises for an unlawful purpose or without lawful excuse is guilty of an offence.

where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years;

in any other case—

if the offence is committed in aggravated circumstances—$10 000 or imprisonment for 12 months;

if the offence is not committed in aggravated circumstances—$5 000 or 6 months imprisonment.

A person commits an offence against subsection (a1) in aggravated circumstances if, while on the primary production premises, the person—

interferes with, or attempts or intends to interfere with, primary production activities; or

is accompanied by 2 or more persons; or

does anything that gives rise to a serious risk to the safety of the person or any other person on the premises; or

does anything that—

involves, or gives rise to a risk of—

the introduction, spread or increase of a disease or pest; or

the contamination of any substance or thing; or

gives rise to any other risk, or kind of risk, related to primary production activities prescribed by the regulations; or

intentionally causes, or is recklessly indifferent as to whether they cause, damage to an operation or activity connected to the primary production activities at the premises.

A person who has entered, or is present on, other premises for an unlawful purpose or without lawful excuse is guilty of an offence.

Despite section 5, the onus of proving absence of lawful excuse in proceedings for an offence against this section lies upon the prosecution.

Where a police officer believes on reasonable grounds that a person has entered, or is present on, premises for the purpose of committing an offence, the officer may order the person to leave the premises.

A person who fails to comply with an order under subsection (2) is guilty of an offence.

A person found guilty of an offence against subsection (a1) committed in aggravated circumstances is liable to pay compensation to a person for injury, loss or damage to the person resulting from the offence of which the defendant has been found guilty, unless exceptional circumstances exist.

Compensation payable under subsection (3a) will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the defendant.

In this section—

any land; or

any building or structure; or

any aircraft, vehicle, ship or boat;