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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Summary Offences (Trespass on Primary Production
Premises) Amendment Bill 2019
A BILL FOR
An Act to amend the
Summary
Offences Act 1953
.
Contents
Part 2—Amendment of Summary Offences
Act 1953
4Amendment of section
4—Interpretation
5Amendment of section 17—Being on premises
for an unlawful purpose
6Amendment of section 17A—Trespassers on
premises
7Amendment of section 17B—Interference with
gates and fences
8Amendment of section 17C—Disturbance of
farm animals
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Summary Offences (Trespass on Primary
Production Premises) Amendment Act 2019.
This Act comes into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Summary Offences
Act 1953
4—Amendment
of section 4—Interpretation
Section 4(1), after the definition of motor vehicle
insert:
primary production activities—the following are primary
production activities:
(a) agricultural, pastoral, horticultural, viticultural, forestry or
apicultural activities;
(b) poultry farming, dairy farming or any business that consists of the
cultivation of soils, the gathering of crops or the rearing or processing of
livestock;
(c) commercial fishing, aquaculture or the propagation or harvesting of
fish or other aquatic organisms for the purposes of aquaculture;
(d) an activity prescribed by regulation;
5—Amendment
of section 17—Being on premises for an unlawful
purpose
(1) Section 17—before subsection (1) insert:
(a1) 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.
Maximum penalty:
(a) 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;
(b) in any other case—
(i) if the offence is committed in aggravated
circumstances—$10 000 or imprisonment for 12 months;
(ii) if the offence is not committed in aggravated
circumstances—$5 000 or 6 months imprisonment.
(a2) A person commits
an offence against
subsection (a1)
in aggravated circumstances if, while on the primary
production premises, the person—
(a) interferes with, or attempts or intends to interfere with, primary
production activities; or
(b) is accompanied by 2 or more persons; or
(c) does anything that gives rise to a serious risk to the safety of the
person or any other person on the premises; or
(d) does anything that—
(i) involves, or gives rise to a risk of—
(A) the introduction, spread or increase of a disease or pest;
or
(B) the contamination of any substance or thing; or
(ii) gives rise to any other risk, or kind of risk, related to primary
production activities prescribed by the regulations; or
(e) 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.
(2) Section 17(1)—before "premises" insert:
other
(3) Section 17—after subsection (3) insert:
(3a) 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.
(3b) 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.
(4) Section 17(4)—after the definition of premises
insert:
primary production premises means premises used for the
purpose of primary production activities.
6—Amendment
of section 17A—Trespassers on premises
(1) Section 17A(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty:
(a) if the premises are primary production premises—$5 000 or
imprisonment for 6 months;
(b) in any other case—$2 500 or imprisonment for
6 months.
(2) Section 17A(3)—after the definition of premises
insert:
primary production premises means premises used for the
purpose of primary production activities.
7—Amendment
of section 17B—Interference with gates and fences
(1) Section 17B(1)—after paragraph (c) insert:
or
(d) removes or disables a gate on or leading to the land; or
(e) interferes with any part of a fence on or immediately surrounding the
land in a manner that—
(i) causes the animals to no longer be confined by the fence; or
(ii) gives rise to a risk that the animals will no longer be confined by
the fence,
(2) Section 17B(1), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $1 500.
Expiation fee: $375.
(3) Section 17—after subsection (2) insert:
(3) In this section—
gate includes a cattle grid or any moveable thing used to
enclose land, including a slip panel or moveable fence.
8—Amendment
of section 17C—Disturbance of farm animals
Section 17C(1), penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $2 500 or imprisonment for 6 months.