An anti-vaccination protester has exchanged some tense words with a magistrate on Tuesday, telling her he "can't be charged" with trespassing Commonwealth premises.
"You just have been," Chief Magistrate Lorraine Walker told Kane O'Brien, before granting him bail in the ACT Magistrates Court.
O'Brien did not enter a plea to the charge, but it is understood he intends to plead not guilty.
He has pleaded not guilty to separate charges, including two counts of trespassing Commonwealth premises, refusing to leave Commonwealth premises and causing harm to a police officer.
O'Brien asked the chief magistrate several questions via video-link.
"Who charged me?" he said.
"I have," she replied.
"Do you own the land? ... I can't be charged with trespass. Who owns the property?" O'Brien said.
"Does the prosecutor own the land they're trying to charge me with trespass for?"
"She doesn't," Ms Walker said.
O'Brien said "Well, how can I be charged with trespass then? It's case dismissed and I need to be let out free now."
In another exchange, O'Brien seemed to allege he was being unlawfully arrested for trying to peacefully protest on Monday.
"The bail conditions are an attempt to stop peaceful political protests," he said.
"We stand there peacefully, they [arrest us], they make up lies and shit.
"And that is bullshit, that is against the law."
Ms Walker asked O'Brien to "stop the swearing, please".
"You are in a court. It is not appropriate," she said.
While bail was not opposed, the prosecutor requested O'Brien be prevented from entering the Parliamentary precinct, which she said was adjacent to the Parliamentary Triangle where he allegedly committed offences.
The chief magistrate did not include those conditions.
O'Brien was let out on bail under the condition he keep his contact details up to date with the court registrar and does not enter the suburb of Stromlo.
He is scheduled to return to court on April 19 and June 7.
Another anti-vaccination protester was warned to protest peacefully after being granted a bail variation on Tuesday, which allows him to enter the Parliamentary Triangle.
Joel Walker has pleaded not guilty to a charge of damaging Commonwealth property, calling the charge "fictitious."
"I am an upholding citizen of my global community, I'm a chef by trade, I'm passionate, I have three beautiful children and I should have the right to peacefully protest," Walker said.
"I thought I was doing the right thing, and I was told I was doing the wrong thing."
The prosecutor opposed the application to amend bail on the basis Walker, who represented himself in court, may be charged with further offences..
She said after allegedly damaging property, Walker had an argument with an AFP officer about the extent of the damage, which suggested he minimised his offending.
Walker said he and the officer did not have an argument.
"We had a man-to-man discussion where we came to an agreement, we shook hands," Walker said.
The chief magistrate warned the protester not to say anything in court that may impact the case.
"The truth speaks," Walker said. "You can clearly see what is happening."
He was asked whether he had plans to leave the ACT in the next six months before the case returns to court.
Walker said he was going to be stuck in Canberra for another six months as he did not have a home to go to.
The chief magistrate removed the bail condition, saying the protester had a very limited criminal history, had not reoffended while on bail and as he was living in Forrest near the Parliamentary Triangle anyway, already had an exemption to drive through the area.
"It is very much in your interest to make sure if you're protesting, you do so peacefully," she said.
