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Thread: I was asked to stop taking photos..

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  1. #9
    Account Closed Wayne's Avatar
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    Quote Originally Posted by Sifor View Post
    It's a form of private nuisance that is actionable in Australia...if the act of taking photos disrupts or interferes with the occupier's use of their land, then prima facie an action can be sustained..e.g if you're on public land taking photos of a market and this is upsetting the stall owners, scaring away customers etc, then the PL has prima facie a cause of action. In real life would this happen? Probably not for trivial things like a market, this is more reserved for serious breaches... but can happen!
    Some quite prominent case legislation to consider;
    Victoria Park Racing V Taylor (1937) dealt with the issue of images taken from outside, further ABC V Lenah (2001)

    Lance,

    s4 Inclosed lands Protection Act 1901;
    (1) Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty not exceeding:
    (a) 10 penalty units in the case of prescribed premises, or
    (b) 5 penalty units in any other case.

    Among other NPWS legislation.
    Last edited by Wayne; 30-01-2013 at 2:02am.

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