Trespass Act 1980 Flashcards
Trespasses
Section 3(1) and 11(2)(a) 3 months/ 1000$
TRESPASSES (without authority or permission
ON ANY PLACE
AFTER BEING TOLD TO LEAVE BY THE OCCUPIER (must be told to leave by occupier)
NEGLET OR REFUSES TO DO SO (after been told to leave must be given enough time)
Legal protection for trespassing:
OWN PROTECTION
ANOTHER PERSON PROTECTION
AN EMERGENCY INVOLVING PROPERTY
-OWNER OF PROPERTY THAT HAS PREVIOUSLY TRESPASS THEM IS NOT LONGER THE OWNER (FOR RETURNING AGAIN)
BEING FOUND ON A PROPERTY WITHOUT REASONABLE EXCUSE
Summary offence Act 1961 Section 29 (1) (b)
3 MONTHS/ 2000$
FOUND
WITHOUT REASONABLE EXUSE
IN (physically inside)
AN ENCLOSED YARD OR SUCH AREA
Section 29 (1) (a) or 29 (1) (c)
3months/2000$
FOUND
WITHOUT REASONABLE EXUSE
IN
OR
ON
ANY BUILDING/SHIP/AIRCRAFT/TRAIN…
OR
ANY VEHICLE
TRESPASS AFTER PREVIOUS WARNING
SECTION 4(4) AND 11(2) (a)
3 MONTHS/ 1000$
BEING A PERSON WHO HAS BEEN WARNED UNDER SECTION 4 TO STAY OFF ANY PLACE (verbally or in writing)
WILFULLY TRESPASS ON THAT PLACE
WITHIN 2 YEARS
Which information can occupier or police ask to trespasser?
Name and address
Firearm license if they have a firearm with them