37Second and subsequent offences

37 Second and subsequent offences

37 Second and subsequent offences

(1) A person who commits (or is, by virtue of section 159 of the Act, guilty of) a second or subsequent offence under this Part is liable to be excluded from a park by the park authority or the Secretary for any period of time determined by the park authority or the Secretary.

(2) For the purpose of this clause, a person is taken to have committed (or to be guilty of) an offence under this Part if—

(a) a court convicts the person of the offence, or

(b) a court makes an order under section 10 of the Crimes (Sentencing Procedure) Act 1999 or section 33(1)(a) of the Children (Criminal Proceedings) Act 1987 in respect of the person in relation to the offence, or

(c) a penalty notice has been issued in respect of an offence and the penalty notice amount has been paid.

(3) A person who has been excluded from a park under this clause must not re-enter the park before the period of exclusion ends.

Maximum penalty—50 penalty units.

(4) This clause does not apply to an offence under clause 51.

cl 37: Am 2025 (329), Sch 1[33] [34].