Trespass Act 2023

This Act may be cited as the Trespass Act 2023.

Gazette notice.

13 February 2025, it commences on that day.

In this Act:

Crown land means all Crown land, including reserved or dedicated land, that is not leased or occupied under a licence or an agreement.

direction means a direction to leave a place given under section 9(1) or (2).

occupier, in relation to a place, means:

(a) if the place is Crown land or land occupied by the Territory, the Commonwealth or a statutory corporation – a person in charge of the land; or

(b) if the place is not Crown land or land occupied by the Territory, the Commonwealth or a statutory corporation:

(i) a person in lawful occupation of the place and any employee or other person acting under the authority of an occupier of the place; or

(ii) if there is no person in lawful occupation of the place –the owner of the place.

order means an order to stay off a place issued by a court under section 12.

place means any of the following:

(a) a building or structure, whether permanent or temporary and whether fixed or capable of being moved;

warning means a warning to stay off a place given under section 10(1) or (2).

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

(1) In this Act, the following persons are taken to be authorised to enter or remain in, on or at a place:

(b) an individual who has express consent from the occupier of the place to enter or remain in, on or at the place;

(c) an individual who has implied consent from the occupier of the place to enter or remain in, on or at the place;

(d) an individual who is authorised to enter or remain in, on or at the place under a law in force in the Territory.

(2) For this Act, a direction or a warning given to a person in respect of a place is taken to be the withdrawal of any express or implied consent for that person to enter or remain in, on or at the place.

This Act does not affect anything that a person is authorised to do by or under:

(1) A person must not use a power under this Act to engage in prohibited conduct or otherwise contravene the Anti‑Discrimination Act 1992.

prohibited conduct, see section 4(1) of the Anti-Discrimination Act 1992.

To avoid doubt, this Act does not affect the existence, enjoyment or exercise of:

Native Title Act 1993 (Cth), or any other rights under that Act; or

Territory) Act 1976 (Cth).

Part IIAA of the Criminal Code applies to an offence against this

Act.

Note for section 8

Part

IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences.

(1) An occupier of a place may direct a person in, on or at the place to leave the place.

(2) A police officer may direct a person in, on or at a place to leave the place:

(b) on the officer's own initiative in relation to Crown land or land occupied by the Territory, the Commonwealth or a statutory corporation.

(3) A direction may specify that the person is banned from returning to and entering the place for a period of up to 7 days from the day the direction is received by the person.

(4) If no period is specified in the direction, the person is banned from returning to and entering the place for a period of 72 hours from the time the direction is received by the person.

(5) Unless otherwise authorised, a person who is directed to leave a place must leave the place as soon as reasonably practicable and not return to or enter the place within the period applicable under subsection (3) or (4).

(1) An occupier of a place may warn a person that the person does not have permission to enter the place and must stay off the place if:

(a) the person is trespassing, or has trespassed, in, on or at the place; or

(b) the occupier has reasonable grounds to suspect that the person is likely to trespass in, on or at the place.

(2) A police officer may warn a person that the person does not have permission to enter the place and must stay off the place:

(b) on the officer's own initiative in relation to Crown land or land occupied by the Territory, the Commonwealth or a statutory corporation.

(3) A warning may specify that the person is banned from entering the place for a period not exceeding 12 months from the day the warning is received by the person.

(4) If no period is specified in the warning, the person is banned for a period of 3 months from the day the warning is received by the person.

(5) Unless otherwise authorised, a person who is warned to stay off a place must not enter the place during the period applicable under subsection (3) or (4).

(1) A court of competent jurisdiction may order a person found guilty of a trespassing offence in relation to a place to stay off and not enter that place for a period of up to 12 months.

trespassing offence means any of the following: