Section 4A Inclosed Lands Protection Act | Offensive Conduct on Inclosed Lands


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The Legislation

Section 4A of the Inclosed Lands Protection Act 1901 (NSW) is Offensive Conduct on Inclosed Lands and is extracted below.

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4A Offensive conduct while on inclosed lands

(1) Any person, who remains upon the inclosed lands of another person after being requested by the owner or occupier or the person apparently in charge of those lands to leave those lands and while remaining upon those lands conducts himself or herself in such a manner as would be regarded by reasonable persons as being, in all the circumstances, offensive, is liable to a penalty not exceeding:
(a) 20 penalty units in the case of prescribed premises, or
(b) 10 penalty units in any other case.

(2) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

“Inclosed lands” is defined as:

(a) prescribed premises, or
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

“prescribed premises” means land occupied or used in connection with any of the following:

(a) a government school or a registered non-government school within the meaning of the Education Reform Act 1990,
(b) a child care service,
(c) a hospital,
(d) a nursing home within the meaning of the Public Health Act 2010,

and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.“Road” means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.