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Saturday, October 30, 2010

Unlawfully on premises- Offences against Public Order

A person who is on a premises for an unlawful purpose or without a lawful excuse is guilty of an offence and may be fined up to $2500 or up to six months gaol [Summary Offences Act 1953 s.17].
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 with a maximum penalty of a fine of $2500 or six months imprisonment.
For the purposes of this offence, premises means any land, building, structure, aircraft, vehicle, ship or boat. The police must prove that the defendant had no lawful excuse for being on the premises. It is unlawful to be on premises without the express or implied permission of the owner or occupier.

2 comments:

  1. I know this is probably a very simple question but is there a difference between a gaol and jail? or is gaol just a term used in legislation?

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  2. Leah, the two words have an identical meaning: both meaning- prison, confinement in a prison. They come from latin "cavea" (from which also comes "cage"). the only noticeable difference of the two is the dialect of French in which they originate. 'gaol' by the Anglo-Norman French 'gaole', 'jail' by the Old French 'jaiole'. In brief form they mean the same :)

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