Trespass Act 1980

Question 1

A person is not a trespasser until he/she

Answer 1

has been warned to leave by the lawful occupier and then refuses to do so.

Question 2

Section 3(1) and 11(2)(a) of the Trespass Act 1980

Answer 2

Trespass after warning to leave
3 months/$1000

Elements

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

Question 3

Lawful occupier is

Answer 3

any person in lawful occupation of that place or land.

Question 4

Section 4(4) and 11(2)(a) of the Trespass Act 1980

Answer 4

Trespass after previous warnings
3 months/$1000

Elements

1) Being a person who has been warned under Section 4 to stay of any place
2) Willfully trespasses on that place
3) Within two years

Question 5

Section 9 of the Trespass Act 1980

Answer 5

You can demand name and address of the trespasser.

Question 6

Section 4 of the Trespass Act 1980

Answer 6

Warn a trespasser to stay away from the property and inform them that they may commit an offence if they will come back within the next 2 years.

Question 7

Section 56 of the Crimes Act 1961

Answer 7

You may use reasonable force to prevent any person from trespassing on land of building or to remove them from it.