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](/view/html/inforce/current/act-1999-092) or section 33(1)(a) of the [Children (Criminal Proceedings) Act 1987](/view/html/inforce/current/act-1987-055) 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\[33\] \[34\].