CRIMES ACT 1914

Part VIII - Miscellaneous  

SECTION 89   Trespassing on Commonwealth land  

(1)  


A person who, without lawful excuse (proof whereof shall lie upon him), trespasses or goes upon any prohibited Commonwealth land commits an offence.

Penalty: 10 penalty units.

(2)  


Where a person is found upon prohibited Commonwealth land, a constable, a protective service officer or an authorized Commonwealth officer may request the person to furnish his or her name and address to the constable or officer and, if the person fails to comply with the request, he or she commits an offence.

Penalty: 10 penalty units.

(3)  
Where a person is found upon prohibited Commonwealth land and a constable or authorized Commonwealth officer has reasonable grounds to believe that that person has gone upon the land in circumstances that amount to an offence against subsection (1), the constable or officer may apprehend that person and that person may be detained in proper custody to be dealt with according to law.

(4)  
An authorized Commonwealth officer shall not, under this section, request a person to furnish his or her name or address, or apprehend a person, unless he or she first produces to the person the instrument by virtue of which he or she is an authorized Commonwealth officer.

(5)  


In this section:

authorized Commonwealth officer
means a Commonwealth officer declared by a Minister, by instrument in writing, to be an authorized Commonwealth officer for the purposes of this section.

prohibited Commonwealth land
means land belonging to, or in the occupation of, the Commonwealth or a public authority under the Commonwealth, being land upon which is posted a notice to the effect that trespassing upon the land is prohibited.

protective service officer
has the same meaning as in the Australian Federal Police Act 1979 .




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