Senate debates

Thursday, 12 September 2019

Bills

Criminal Code Amendment (Agricultural Protection) Bill 2019; In Committee

1:25 pm

Photo of Bridget McKenzieBridget McKenzie (Victoria, National Party, Minister for Agriculture) | Hansard source

I think the Pokemon GO subscribers of the world will thank you for your detailed analysis here, Senator McKim, because you are right—in the first section of your question. However, under law, 'recklessness' is actually quite a high threshold. That means they have to also be aware of the substantial risk that detriment would occur. If they hadn't, as you said, considered the risk or considered the impact that the trespass would ensure, then they wouldn't be captured by the act.

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