Trespass on Commonwealth Lands Act 1972 (ACT)

The case involved the enforcement of the Trespass on Commonwealth Lands Ordinance 1972 against a defendant who was alleged to have contravened provisions of the Ordinance by erecting a structure and parking a vehicle on land that was deemed to be unleased Commonwealth land. The defendant contested the charges, arguing that the land in question was not unleased land as defined by the Ordinance and that any contravention of the Ordinance was therefore unlawful. The case was heard in the Magistrates Court of the Australian Capital Territory.

The court was required to determine whether the land on which the defendant had erected a structure and parked a vehicle was indeed unleased land as defined by the Trespass on Commonwealth Lands Ordinance 1972. This involved interpreting the definition of "unleased land" and determining whether the land in question met the criteria set out in the Ordinance. The court was also required to consider whether the defendant's actions constituted a contravention of the Ordinance and whether any such contravention was lawful.

The court found that the land in question was indeed unleased land as defined by the Ordinance and that the defendant's actions constituted a contravention of the Ordinance. The court rejected the defendant's argument that the land was not unleased land and held that the definition of "unleased land" in the Ordinance was clear and unambiguous. The court also found that the defendant's actions were unlawful and that he was liable for the penalties set out in the Ordinance.

The court ordered the defendant to pay a penalty of fifty dollars for each of the two offences with which he had been charged. The court also ordered that any structures and vehicles that had been removed from the unleased land in connection with the prosecution be dealt with in accordance with the provisions of the Police Ordinance.