Being on premises for an unlawful purpose

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.

Primary production premises means premises used for the purpose of primary production activities.

These activities include agricultural, pastoral, horticultural, viticultural, forestry or apicultural activities, 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,commercial fishing, aquaculture or the propagation or harvesting of fish or other aquatic organisms for the purposes of aquaculture.

Maximum Penalty:

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;

In any other case:

A person commits an offence in aggravated circumstances if, while on the primary production premises, the person:

[Summary Offences Act 1953 (SA) s 17(a1)]

A person found guilty of an aggravated offence is liable to pay compensation to a person for injury, loss or damage to the person, unless exceptional circumstances exist. The exact amount of compensation payable will be determined by the Court.

A person who is on other premises for an unlawful purpose or without a lawful excuse is guilty of an offence.

Maximum penalty:

$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)]

Unlawful purpose

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)].