Criminal Code Act 1995

A person commits an offence if:

the person enters, or remains in, a building, as a trespasser, with intent to commit theft of a particular item of property in the building; and

the property belongs to a Commonwealth entity.

For the purposes of this Code, an offence against subsection (1) is to be known as the offence of burglary.

In a prosecution for an offence against subsection (1), it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.

A person commits an offence if:

the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and

the offence referred to in paragraph (a) is an offence against a law of the Commonwealth; and

the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.

In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is an offence against a law of the Commonwealth.

In a prosecution for an offence against subsection (3), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is punishable by imprisonment for life or for a term of 5 years or more.

For the purposes of this Code, an offence against subsection (3) is also to be known as the offence of burglary.

A person commits an offence if:

the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and

the offence referred to in paragraph (a) is an offence against a law of the Commonwealth, a State or a Territory; and

the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more; and

the building is owned or occupied by a Commonwealth entity.

In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is an offence against a law of the Commonwealth, a State or a Territory.

In a prosecution for an offence against subsection (6), it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is punishable by imprisonment for life or for a term of 5 years or more.

Absolute liability applies to the paragraph (6)(c) element of the offence.

For the purposes of this Code, an offence against subsection (6) is also to be known as the offence of burglary.

For the purposes of this section, a person is taken not to be a trespasser:

merely because the person is permitted to enter, or remain in, a building for a purpose that is not the person’s intended purpose; or

if the person is permitted to enter, or remain in, a building as a result of fraud, misrepresentation or another person’s mistake.

In this section:

a part of a building; or

a mobile home or a caravan; or

a structure (whether or not movable), a vehicle, or a vessel, that is used, designed or adapted for residential purposes.