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.
Legislation on trespass
Trespass is an offence under section 11 of the Summary Offences Act.
What is trespass?
A person commits trespass if they unlawfully enter or remain in a dwelling or the yard of a dwelling.
Penalty for trespass
Trespass attracts a penalty of a fine of up to 20 penalty units or imprisonment for up to 12 months.
Unlawfully gathering in a building
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. 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.
Unlawfully entering or remaining on 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.
This is punishable by a fine of up to 20 penalty units or imprisonment for up to 12 months.
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.
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.
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
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 is trespassing or behaving in a disorderly manner.
A person who is defending premises against a trespasser must not cause grievous bodily harm.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.