TRESPASS ACT 1980

Question 1

MUST

Answer 1

A person is not a trespasser

(until he or she has been warned to leave)

by the (lawful occupier)

(and then refuses to do so).

Question 2

Trespass after warning to leave
Trespass Act 1980 Section 3(1) & 11(2)(a)

Answer 2

1. Trespasses
2. On any place
3. After being warned to leave that place by an occupier of that place
4. Neglects or refuses to do so

Question 3

Trespasses

Answer 3

on (another person’s property) (without authority) or permission.

Question 4

On any place

Answer 4

At any (physical address)

Question 5

After being warned to leave that place by an occupier of that place

Answer 5

Must (be told to leave) by the (lawful occupier) of that address

Question 6

Neglects or refuses to do so

Answer 6

After the warning (neglects or refuses to leave).
The person must be given a reasonable time to leave.

Question 7

Trespass after previous warnings
Trespass Act 1980 Section 4(4) & 11(2)(a)

Answer 7

Being a person who has been warned under Section 4 to stay off any place

Wilfully trespasses on that place.

Within two years

Question 8

Penalty

Answer 8

Three months imprisonment/$1,000 fine

Question 9

Being a person who has been warned under Section 4 to stay off any place

Answer 9

A person who has been issued with a warning, either verbally or in writing, to stay off a property.

Question 10

Wilfully trespasses on that place

Answer 10

The offender intentionally, deliberately, without mistake, returns to the premises.

Question 11

Within two years

Answer 11

Within two years after the giving of the warning.