Trespass – entering or remaining without authority
13 Trespass – entering or remaining without authority
A person commits an offence if the person:
intentionally enters a place; and
is not authorised to enter the place.
Maximum penalty: 20 penalty units or imprisonment for 6 months or, for an aggravated offence, 50 penalty units or imprisonment for 12 months.
A person commits an offence if the person:
intentionally remains in, on or at a place; and
is not authorised to remain in, on or at the place.
Maximum penalty: 20 penalty units or imprisonment for 6 months or, for an aggravated offence, 50 penalty units or imprisonment for 12 months.
Strict liability applies to subsections (1)(b) and (2)(b).
(4) An offence against subsection (1) or (2) is an aggravated offence if the place is a place of primary production and the defendant is reckless in relation to that circumstance.
(5) If the prosecution intends to prove an aggravated offence against subsection (1) or (2), the circumstance of aggravation must be contained in the charge.
In this section:
place of primary production means a place that is used to carry out a business that involves any of the following:
agricultural, pastoral, horticulture or apicultural activities;
(b) the cultivating of soils, the gathering of crops or the holding, rearing or processing of livestock;
(c) the propagation or harvesting of fish or other aquatic organisms for the purpose of aquaculture.
This Act’s bill:Explanatory statementSecond reading speech
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