Inclosed Lands Protection (Amendment) Act 1983 (NSW)

INCLOSED LANDS PROTECTION (AMENDMENT) ACT,

1983, No. 188

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ANNO TRICESIMO SECUNDO

ELIZABETHS II BEGINS

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Act No. 188, 1983.

An Act to amend the Inclosed Lands Protection Act, 1901, with respect to

offensive conduct upon certain inclosed land. [Assented to, 31st

December, 1983.]

Act No. 188, 1983. 2

Inclosed Lands Protection (Amendment).

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

Short title.

1. This Act may be cited as the "Inclosed Lands Protection

(Amendment) Act, 1983''.

Commencement.

(1) Sections 1 and 2 shall commence on the date of assent to this Act. (2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

2.

Amendment of Act No. 33, 1901.

3. The Inclosed Lands Protection Act, 1901, is amended in the manner

set forth in Schedule 1.

SCHEDULE 1.

(Sec. 3.)

AMENDMENTS TO THE INCLOSED LANDS PROTECTION ACT, 1901.

(1)	Section 4 A —
Omit "behaves, without reasonable excuse, in such a manner as would be likely to cause reasonable persons justifiably in all the circumstances to be seriously alarmed or seriously affronted", insert instead "conducts himself or herself in such a manner as would be regarded by reasonable persons as being, in all the circumstances, offensive".

1. Act No. 188, 1983.

Inclosed Lands Protection (Amendment).

SCHEDULE 1—continued.

AMENDMENTS TO THE INCLOSED LANDS PROTECTION ACT, 1901—

continued.

(2) Section 4A ( 2 ) ~

At the end of section 4A, insert: —

(2) It is a sullicient 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.