9Unlawful entry etc.

#### 9 Unlawful entry etc. (1) A person commits an offence if: (a) the person is in, enters or flies over an area; and (b) the area is a prohibited area. Penalty: Imprisonment for 7 years. (1A) Subsection (1) does not apply if the person holds a permit under section 11 in respect of the prohibited area. > Note: The defendant bears an evidential burden in relation to the matter in subsection (1A). See subsection 13.3(3) of the Criminal Code. (1B) If a permit under section 11 has been issued to the master of a ship or the pilot of an aircraft for the purpose of enabling the ship or aircraft to enter, pass through or be over a prohibited area, a person lawfully on board the ship or aircraft does not commit an offence under subsection (1) by reason only of his or her presence on board the ship or aircraft. > Note: The defendant bears an evidential burden in relation to the matter in subsection (1B). See subsection 13.3(3) of the Criminal Code. (2) A person commits an offence if: (a) the person: (i) makes a photograph, sketch, plan, model, article, note or other document of, or relating to, an area or anything in an area; or (ii) obtains, collects, records, uses, has in his or her possession, publishes or communicates to some other person a photograph, sketch, plan, model, article, note or other document or information relating to, or used in, an area, or relating to anything in an area; and (b) the area is a prohibited area. Penalty: Imprisonment for 7 years. (3) Subsection (2) does not apply if the person has lawful authority or excuse for the relevant conduct. > Note: The defendant bears an evidential burden in relation to the matter in subsection (3). See subsection 13.3(3) of the Criminal Code.