Trespass Act 1980

Question 1

Trespass after warning to leave

Act

Answer 1

Trespass act 1980 section 3(1) & 11(2)(a)

Question 2

Trespass after warning to leave

Penalty

Answer 2

3 months imprisonment or $1000 fine

Question 3

Trespass after warning to leave

Elements

Answer 3

• Trespasses
• On any place
• After being warned to leave that place by an occupier of that place
• Neglects or refuses to do so

Question 4

Defence to section 3

Answer 4

It is a defence if it was necessary to stay on the property for:

• Their own protection
• The protection of somebody else
• An emergency involving their property or the property of some other person

Question 5

Trespass after previous warnings

Act

Answer 5

Trespass act 1980 section 4(4) & 11(2)(a)

Question 6

Trespass after previous warnings

Penalty

Answer 6

3 months imprisonment or $1000 fine

Question 7

Trespass after previous warnings

Elements

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

Defence to section 4

Answer 8

If it was necessary for them to remain on the property for:

• Their own protection
• The protection of somebody else
• An emergency involving their property or the property of some other person
• The occupier who gave the warning no longer occupies the place concerned

Question 9

A trespass notice can be given to a person when they….

Answer 9

• Are likely to trespass
• Are trespassing
• Have trespassed
• Have been convicted of trespass

Question 10

Section 9

Trespass Act 1980

Answer 10

Where any person is found trespassing on private land; the occupier or any member of police may require that person to:

a) Give their name and address, and
b) if they are in possession of a firearm, give their firearms licence #

If the person fails or refuses to comply, police may:

• Caution the person, and
• If the person persists in their failure or refusal, arrest without warrant