Trespass Offences in Queensland

In Queensland, there is an offence known as trespass and other related offences contained in the Summary Offences Act 2005. This page deals with trespass offences in Queensland. Understanding these laws is crucial for both property owners and individuals who may inadvertently find themselves on private property, as trespass charges can result in significant penalties including fines and imprisonment.

Legislation on trespass

Trespass is an offence under section 11 of the Summary Offences Act. The Queensland legislation provides comprehensive coverage of various trespass scenarios, ensuring property rights are protected while establishing clear legal boundaries for public behaviour. The Act works in conjunction with the Criminal Code 1899 (Qld) to provide both criminal sanctions and civil remedies for property owners.

What is trespass?

Definition of trespass in Queensland

A person commits trespass if they unlawfully enter or remain in a dwelling or the yard of a dwelling. The key elements that must be proven for a trespass charge include the unlawful nature of the entry or remaining on the property, and that the location falls within the definition of a dwelling or its associated yard area.

Elements of trespass offences

For a successful prosecution, the court must establish that the accused person was present on the property without lawful authority, permission, or excuse. This includes situations where a person initially had permission to be on the property but that permission was withdrawn, making their continued presence unlawful. The prosecution must also prove that the defendant was aware, or should have been aware, that their presence was unauthorised.

Penalty for trespass

Trespass attracts a penalty of a fine of up to 20 penalty units or imprisonment for up to 12 months. In Queensland, penalty units are adjusted annually and represent a standardised way of calculating fines across different offences. Courts will consider factors such as the circumstances of the trespass, any damage caused, the defendant's criminal history, and their personal circumstances when determining the appropriate penalty within the available range.

Unlawfully gathering in a building

Public buildings and commercial premises

Under section 12 of the Summary Offences Act, it is an offence to unlawfully gather or remain in a public building or structure used for business or in land used in connection with such a building. This provision is designed to protect public facilities and commercial premises from unauthorised occupation or gathering that may disrupt normal operations.

Penalties and enforcement

The penalty for this offence is a fine of up to 10 penalty units or imprisonment for up to six months. A person can be found guilty of this offence regardless of whether they entered lawfully. This means that even if someone had permission to enter initially, they can still be charged if they unlawfully gather or remain beyond their authorised purpose or time.

Unlawfully entering or remaining on land

Protected agricultural and commercial land

Under section 13 of the Summary Offences Act, it is an offence to unlawfully enter or remain on land that is used for:

• Agricultural activity;
• Animal husbandry;
• A holding facility;
• A food production facility;
• The exhibition of animals.

Enhanced penalties for agricultural trespass

This is punishable by a fine of up to 20 penalty units or imprisonment for up to 12 months. These enhanced penalties reflect the importance of protecting agricultural operations and food production facilities, recognising that unauthorised entry can compromise biosecurity measures, animal welfare, and food safety protocols essential to Queensland's agricultural industry.

Defences to trespass charges

Lawful authority and permission

Common defences to trespass charges include having lawful authority to be on the property, such as police officers executing search warrants, or having express or implied permission from the property owner. Emergency situations may also provide a defence where entry was necessary to prevent serious harm to persons or property.

Mistake and reasonable belief

A defendant may also raise the defence of honest and reasonable mistake, such as genuinely believing they had permission to be on the property or mistaking the boundaries of public and private land. The reasonableness of such beliefs will be assessed objectively by the court.

Will I get a conviction?

Under section 12 of the Sentencing Act 1992, courts have a discretion as to whether or not to record a conviction against a person who is found guilty of an offence.

In deciding whether to record a conviction, a court will consider:

• The nature of the offence;
• The offender's age and character;
• The impact a conviction will have on their social and economic wellbeing and their chances of finding employment.

Courts may also consider factors such as the defendant's cooperation with police, expressions of remorse, any steps taken to make amends, and whether the offence was out of character. First-time offenders may be more likely to avoid a recorded conviction, particularly for minor trespass incidents.

Jurisdiction

The above offences are summary offences. They can only be dealt with in the lower courts: the Magistrates Court and the Children's Court. Magistrates have broad discretion in sentencing and may impose fines, imprisonment, community service orders, or probation depending on the circumstances of each case.

Defending property against trespassers

Under Queensland law, a person is allowed to use reasonable force to defend their property against trespassers.

Section 275 of the Criminal Code 1899 allows a person to use reasonable force to resist a trespasser who is trying to take their moveable property, such as vehicles, equipment, or personal belongings. The force used must be proportionate to the threat posed and the value of the property being protected.

A person who is defending moveable property against a trespasser must not cause grievous bodily harm.

Defending premises against trespassers

Section 277 of the Criminal Code 1899 allows a person to use reasonable force to prevent a person from trespassing on any land, structure, vessel or place or to remove a person who