70Entry etc. on Aboriginal land

70 Entry etc. on Aboriginal land

(1) A person shall not enter or remain on Aboriginal land.

Penalty: 50 penalty units.

(2) Where a person, other than a Land Trust, has an estate or interest in Aboriginal land: (a) a person is entitled to enter and remain on the land for any purpose that is necessary for the use or enjoyment of that estate or interest by the owner of the estate or interest; and (b) a law of the Northern Territory shall not authorize an entry or remaining on the land of a person if his or her presence on the land would interfere with the use or enjoyment of that estate or interest by the owner of the estate or interest. (2A) In proceedings against a person for an offence against subsection (1), it is a defence if the person enters or remains on the land: (a) in performing duties as the Governor‑General or as a person appointed to administer the Government of the Commonwealth under section 4 of the Constitution; or (b) in performing duties as the Administrator, an Acting Administrator, or a Deputy Administrator, of the Northern Territory; or (c) in performing duties as a member of either House of the Parliament or as a member of the Legislative Assembly of the Northern Territory; or (d) as a candidate for election as a member of the House of Representatives for a Northern Territory electorate, as a Senator for the Northern Territory or as a member of the Legislative Assembly of the Northern Territory; or (e) in performing functions, or exercising powers, under this Act or another law of the Commonwealth or under a law of the Northern Territory; or (f) in performing functions or exercising powers as a Commonwealth or Northern Territory officer; or (g) in performing functions or exercising powers as an officer, member or employee of, or on behalf of, a local government body in the Northern Territory; or (h) in accordance with this Act or a law of the Northern Territory.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2A) (see subsection 13.3(3) of the Criminal Code).

(2AA) In paragraph (2A)(f):

Commonwealth or Northern Territory officer means:

(a) a person who is in the service or employment of the Commonwealth, the Northern Territory or an Authority; or
(b) a person who holds, or performs the duties of, an appointment, office or position under a law of the Commonwealth or the Northern Territory.

(2B) In proceedings for an offence against subsection (1), it is a defence if the person enters or remains on the land in accordance with an authorisation in force under subsection 19(13) (about Land Trust authorisations).

Note: A defendant bears an evidential burden in relation to the matter in subsection (2B) (see subsection 13.3(3) of the Criminal Code).