Section 214A Crimes Act 1900
Damage or Disruption to Major Facility

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Damage or destruction to a major facility is an offence under section 214A of the Crimes Act 1900 (NSW) which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You entered, remained on or near, climbed, jumped from or otherwise trespassed on or blocked entry to any part of a facility
  2. The facility was a major facility, and
  3. Your conduct:
  1. Caused damage to the facility,
  2. Seriously disrupted or obstructed persons attempting to use the facility,
  3. Caused the facility or part of it to be closed, or
  4. Caused persons attempted to use the facility to be redirected.

A ‘major facility’ is defined as:

  1. A railway station or public transport facility,
  2. A private port, or
  3. An infrastructure facility including one which provides water, sewerage, energy, manufacturing, distribution or other services to the public.

The offence applies to both publicly and privately owned facilities.

You are not guilty of the offence if your conduct formed part of industrial action or an industrial dispute or campaign.

You are also not guilty if your conduct occurred at your workplace or at a workplace owned, occupied, operated or used by your employer.

You are also not guilty if your conduct or any omission occurred with the consent or authority of:

  1. The New South Wales Police Force,
  2. Another public authority, or
  3. The owner or operator of a private facility where the conduct occurred.

The offence also does not prohibit conduct in relation to Parliament House or an office of a Member of Parliament.

Duress, necessity and self-defence are legal defences to the charge.

For expert advice and outstanding representation from Australia’s Most Awarded Criminal Defence Firm, call Sydney Criminal Lawyers® today on (02) 9261 8881 and let our experienced defence team help you.

The Legislation

Section 214A deals with the offence of “Damage or Disruption to Major Facility” and reads as follows:

214A Damage or disruption to major facility

(1) A person must not enter, remain on or near, climb, jump from or otherwise trespass on or block entry to any part of a major facility if that conduct—
(a) causes damage to the major facility, or
(b) seriously disrupts or obstructs persons attempting to use the major facility, or
(c) causes the major facility, or part of the major facility, to be closed, or
(d) causes persons attempting to use the major facility to be redirected.
Maximum penalty – 200 penalty units or imprisonment for 2 years, or both.

(2) It is a defence to the prosecution of an offence against this section if the person charged proves that the person had a reasonable excuse for the conduct.

(3) A person does not commit an offence under this section if the conduct forms part of the following –
(a) industrial action,
(b) an industrial dispute,
(c) an industrial campaign.

(4) A person does not commit an offence under this section if the conduct occurs –
(a) at the workplace at which the person works, or
(b) at a workplace owned, occupied, operated or used by an employer of the person.

(5) This section does not apply to the extent that it prohibits conduct in relation to –
(a) Parliament House, or
(b) an office of a member of parliament.

(6) A person does not commit an offence under this section for anything done or omitted to be done in accordance with the consent or authority of –
(a) the NSW Police Force, or
(b) another public authority, or
(c) for a privately owned major facility – the owner or operator of the facility.

(7) In this section –
major facility means the following, whether publicly or privately owned –
(a) a railway station or other public transport facility prescribed by the regulations,
(b) a private port within the meaning of the Ports and Maritime Administration Act 1995, or another port prescribed by the regulations,
(c) an infrastructure facility, including a facility providing water, sewerage, energy, manufacturing, distribution or other services to the public, prescribed by the regulations.

Why Choose Sydney Criminal Lawyers®?

Going to court can be nerve-racking, but having a strong and compassionate legal team behind you can make the experience significantly easier to deal with.

Here are 12 reasons to choose our multi-award winning legal team:

  1. Proven Track Record of Exceptional Results

    Sydney Criminal Lawyers® consistently achieves outcomes which are in the highest percentile of the Judicial Commission’s sentencing statistics for criminal cases.

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    We also consistently win appeals in the District and Supreme Courts (including the NSWCCA) after clients have received unsatisfactory results with other law firms in the lower courts.We are one of the few firms to achieve successful criminal law appeals in the High Court of Australia.

    Where our clients wish to plead guilty, we frequently achieve ‘dismissals’ and ‘non convictions’ in cases where other lawyers have advised there is no chance of doing so.

  2. Highest Level of Client Satisfaction

    We have the best and most comprehensive client review record of any law firm in Australia.

    Regular communication, accessibility and quality service are our team’s highest priorities.

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  3. Australia’s Most Awarded Criminal Law Firm

    We have received more awards and accolades than any other criminal law firm in Australia. Our team has been awarded “Criminal Defence Firm of the Year in Australia” in a number of prestigious and competitive awards programs for several years running.

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  4. Fixed Fees

    We want our clients to know exactly how much their cases will cost from the very start. That’s why we were the first criminal law firm in Australia to publish ‘fixed fees’, back in 2004.

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  5. Free First Appointment

    For those who are going to court, we offer a free first conference of up to an hour with one of our Senior Criminal Defence Lawyers.

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  6. Specialist Lawyer Guarantee

    We guarantee that only lawyers with substantial criminal defence experience will work on your case and appear for you in court.

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  7. All NSW Courts

    From Bombala to Broken Hill, our lawyers appear in courts throughout New South Wales – and across Australia for Commonwealth cases.

    And we offer fixed fees for most criminal and traffic law cases throughout the state.

  8. Accredited Specialists

    Our entire firm is exclusively dedicated to criminal law – which makes us true specialists.

    All of our lawyers have years of experience representing clients in criminal cases, and our principal has been certified by the Law Society of NSW as an Accredited Criminal Law Specialist since 2005.

    An ‘Accredited Specialist’ is a lawyer who has practised for at least 5 years in a particular field of law (such as criminal law), has passed a rigorous assessment process conducted by the Law Society of NSW, and has been selected by the Specialist Accreditation Committee of the Law Society as an expert in the field.

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  10. Team of Lawyers Behind You

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  12. Convenience

    We have offices in locations across the Sydney Metropolitan Area and beyond, including:

    We offer free parking at our Sydney CBD offices, and all of our offices are close to train stations and bus terminals.

    For those who are unable to attend our offices, we offer conferences by telephone, Skye and FaceTime anywhere around the world.

    If you are going to court and wish to arrange a free first consultation, call our 24 hour hotline on (02) 9261 8881 or send us an email at info@sydneycriminallawyers.com.au.

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