(1)  A person must not enter or remain in or on –

(a) a restricted area; or

(b) an area of Wellington Park that the Trust has determined is closed in accordance with subregulation (3) .

Penalty:  Fine not exceeding 20 penalty units.

(2)  Subregulation (1) does not apply to a person who is –

(a) authorised to do so by a permit; or

(b) an authorized officer; or

(c) acting in the course of his or her employment with the Trust or a body which is represented on the Trust; or

(d) a member of the following services, lawfully performing a duty imposed on him or her by an Act, or in the exercise of a public duty:

(i) the State Emergency Service continued under the Emergency Management Act 2006 ;

(ii) the Tasmania Fire Service established by the Fire Service Act 1979 ;

(iii) Ambulance Tasmania established by the Ambulance Service Act 1982 ; or

(e) accompanied by a person referred to in paragraph (a), (b), (c) or (d) .

(3)  The Trust may determine that an area of Wellington Park is closed in the event of flood, fire, natural disaster or other emergency if, in the opinion of the Trust, such a closure is necessary because of the risk, or likely risk, to public safety.

(4)  The Trust must, as soon as practicable after making a determination under subregulation (3) –

(a) publish notice of the determination on a website operated by, or on behalf of, the Trust; and

(b) erect no-access signs in respect of that area.

(5)  The Trust must ensure that notice of a determination under subregulation (3) remains on the website operated by, or on behalf of, the Trust for the duration of the period for which the notice has effect.

(6)  It is a defence in proceedings for an offence under subregulation (1) , if the defendant establishes that the Trust did not comply with subregulation (4) or (5) (5).