Section 11 of the Summary Offences Act makes it an offence to trespass. Trespass occurs where a person unlawfully enters, or remains in a dwelling, the yard for a dwelling, a place used for business purposes or a place used as a yard for business purposes.
The maximum penalty is 20 penalty units or 1 year of imprisonment. The value of a penalty unit is $154.80 as of 1 July 2023.
This section is essentially a pre-emptive provision against offences such as burglary, however it is not necessary to prove intent to commit an offence. Trespass will be made out where someone enters or remains on the land of another person without consent or lawful excuse.
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