A person who is on a premises for an unlawful purpose or without a lawful excuse is guilty of an offence.
$2 500 or 6 months imprisonment; or
where the unlawful purpose was for an offence punishable by a maximum penalty of 2 years or more: 2 years imprisonment.
[Summary Offences Act 1953 (SA) s 17(1)]
A member of the police force who believes, on reasonable grounds, that a person is on premises to commit an offence may order the person to leave the premises. A person who fails to obey such an order is guilty of an offence.
Maximum penalty: $2 500 or 6 months imprisonment [s 17(2)-(3)].
For the purposes of this offence, premises means any land, building, structure, aircraft, vehicle, ship or boat [s 17(4)]. The police must prove that the defendant had no lawful excuse for being on the premises [s 17(1a)].
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