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In the ACT, a person can be charged with trespass under the Trespass on Territory Lands Act 1932 or under the Crimes Act 1914. Trespass laws in the Australian Capital Territory are designed to protect both public and private property rights while ensuring legitimate access for lawful purposes. Understanding these offences is crucial as they can result in criminal charges, fines, and potential convictions that may impact your future. This page outlines trespass offences in the ACT and provides comprehensive information about penalties, defences, and legal consequences.

Trespass on Territory land

Under section 4 of the Trespass On Territory Land Act 1932, a person commits an offence if, without reasonable excuse, they enter:

  • Unleased Territory land where a notice is posted prohibiting trespass; or
  • That is in the city area and has a dwelling house on it and is delineated on subdivisional plans held by the Territory;
  • Any garden, plantation or afforestation area on Territory land.

This offence is punishable by a fine of up to five penalty units. The legislation recognizes that Territory land includes a wide range of government-controlled areas, from vacant blocks to landscaped public spaces. It's important to note that ignorance of trespass restrictions is generally not accepted as a defence, particularly when clear signage is posted.

What constitutes Territory land

Territory land encompasses various types of government-owned property including parks, reserves, government buildings, and unleased residential blocks. The definition is broad and includes any land vested in or owned by the Australian Capital Territory. Property boundaries and restrictions can change, making it essential to respect posted signage and barriers.

Notice requirements and signage

For unleased Territory land, proper notice prohibiting trespass must be clearly displayed. These notices serve as legal warning to potential trespassers and are required to meet specific standards under the Act. The absence of proper signage may affect the prosecution's ability to prove the offence, though this doesn't automatically provide immunity from other trespass provisions.

Trespass offences involving animals

There are also offences involving animals trespassing on land in the ACT, reflecting the Territory's semi-rural character and the presence of livestock in some areas.

Under section 4A of the Trespass on Territory Land Act 1932, a person commits an offence if they are the owner of an animal that is found wandering, straying or at large on a road or on unleased Commonwealth land.

Under section 4B of the Trespass on Territory Land Act 1932, a person commits an offence if they turn loose or allow an animal to be tethered or to graze on a road or unleased Commonwealth land.

These offences are both punishable by a fine of up to five penalty units. Animal owners have a strict liability to ensure their animals don't stray onto prohibited areas, regardless of how the animal came to be there.

Owner responsibility and liability

Animal owners are held strictly responsible for their animals' actions, meaning that even if an animal escapes due to circumstances beyond the owner's immediate control, liability may still apply. This includes situations where fencing fails or gates are left open by third parties.

Trespass on Commonwealth land

Under section 89 of the Crimes Act 1914, a person commits an offence if they trespass on Commonwealth land without a lawful excuse. Commonwealth land includes federal government buildings, military installations, airports, and other federally controlled areas within the ACT.

It is also an offence under this section to fail to provide your name and address when asked to do so while trespassing on Commonwealth land. This provision allows authorities to properly identify trespassers and issue appropriate penalties.

These offences carry a penalty of a fine of 10 penalty units, which is higher than Territory land trespass penalties, reflecting the potentially sensitive nature of Commonwealth facilities.

Commonwealth vs Territory land distinction

The distinction between Commonwealth and Territory land can be complex, as both types may exist within the same general area. Commonwealth land is controlled by federal agencies, while Territory land falls under ACT government jurisdiction. Different penalties and procedures may apply depending on the classification of the land in question.

Trespass by cattle

Under section 90 of the Crimes Act 1914, a person commits an offence if they allow cattle or livestock to stray onto Commonwealth land.

This offence is punishable by a fine of one penalty unit. The relatively lower penalty reflects that cattle trespass may often occur accidentally, though owners are still expected to maintain proper control and containment of their livestock.

Court procedures and legal process

Trespass charges in the ACT are typically heard in the ACT Magistrates Court. The prosecution must prove beyond reasonable doubt that the defendant entered the land without permission and without lawful excuse. Police may issue infringement notices for minor trespass offences, but more serious matters or contested charges will proceed to court.

Police powers and enforcement

Police officers have specific powers under trespass legislation to remove people from prohibited areas, request identification, and issue penalty notices. Failure to comply with police directions while trespassing can result in additional charges and potentially more serious penalties.

Evidence and prosecution requirements

Successful prosecution typically requires evidence of unauthorised entry, proof of proper signage or notice where required, and demonstration that no lawful excuse existed. Witness statements, photographs, and official records of land ownership or control are commonly used as evidence in trespass cases.

Penalty for trespass offences

A person who is found guilty of one of the above offences may receive a fine, or a lesser penalty such as a good behaviour order. Penalty units in the ACT are adjusted annually, and current values should be confirmed as penalties can increase over time. Courts also consider factors such as the defendant's criminal history, the circumstances of the offence, and any aggravating or mitigating factors.

Penalty unit values and calculation

Penalty units provide a standardized method for calculating fines that can be adjusted for inflation without changing the underlying legislation. The current value of penalty units in the ACT should be verified, as these amounts are updated regularly by government regulation.

Will I get a conviction?

When a person is found guilty of a criminal offence, a conviction is usually recorded. Under section 17 of the Crimes (Sentencing) Act 2005, a court may find a person guilty of an offence without recording a conviction if it is appropriate given: