By James Stevens, Director and Solicitor, Go To Court Lawyers. Last reviewed 14 April 2026.
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In South Australia, trespass offences are set out in the Summary Offences Act 1953. This comprehensive legislation defines various forms of trespassing and establishes penalties to protect property owners' rights while balancing public access considerations. Understanding these laws is crucial for both property owners and individuals who may inadvertently find themselves facing trespass charges in South Australia.
Trespassing on premises
Under section 17A of the Summary Offences Act 1953, a person commits an offence if they:
- Trespass on premises
- The trespass interferes with the occupier's enjoyment of the premises
- The person is asked to leave by an authorised person.
What constitutes premises under SA law
The definition of "premises" under South Australian law is broad and encompasses residential properties, commercial buildings, agricultural land, industrial sites, and even vehicles in certain circumstances. This comprehensive definition ensures that property owners across various sectors receive adequate legal protection from unauthorised entry.
Who is an authorised person
An authorised person typically includes the property owner, tenant, occupier, or their agent. Police officers also have authority to request individuals to leave premises in certain circumstances. The law recognises that multiple parties may have legitimate authority to request removal of trespassers, depending on their relationship to the property.
Penalty for trespassing on premises
The maximum penalty for trespassing on premises varies significantly based on the type of property involved:
- If the premises are primary production premises, a fine of $5,000 or imprisonment for six months;
- Otherwise, a fine of $2,500 of imprisonment for six months.
Enhanced penalties for primary production premises
The higher penalties for trespassing on primary production premises reflect the significant economic impact and biosecurity risks associated with unauthorised access to farms and agricultural facilities. These enhanced penalties recognise that trespassing on agricultural land can result in livestock contamination, crop damage, and disruption to essential food production activities.
Other offences related to trespass
Under section 17A, a person also commits an offence if they:
- Use offensive language or behave in an offensive manner while trespassing;
- Fails to give their name and address to an authorised person who asks for it while they are trespassing.
Either of these offences can attract a fine of up to $1,250.
Offensive behaviour during trespass
Offensive behaviour encompasses verbal abuse, threatening gestures, or conduct that would reasonably cause distress to the property occupier. Courts consider the context and circumstances when determining whether behaviour crosses the threshold into offensive conduct.
Trespassing at private parties
Under section 17AB, a person commits an offence if they trespass on premises that are being used for a private party and fail to leave when asked to do so. This offence is punishable by a fine of up to $5,000 or imprisonment for up to 12 months.
It is also an offence to do any of the following while trespassing at a private party:
- Uses offensive language or behaves in an offensive manner;
- Fails to give their name and address to an authorised person who asks for it;
Either of these offences can attract a fine of up to $2,500.
Definition of private parties under the Act
Private parties include gatherings on residential premises, private celebrations in hired venues, and social events where attendance is by invitation only. The legislation specifically targets gatecrashers who disrupt private gatherings and refuse to leave when requested.
Criminal trespass and aggravated offences
South Australian law recognises more serious forms of trespass that carry heavier penalties. Criminal trespass occurs when someone enters premises with intent to commit an indictable offence, or when trespass is accompanied by circumstances of aggravation such as being armed or causing property damage.
Intent to commit indictable offences
When trespass is committed with intent to steal, cause damage, or commit other serious crimes, courts treat these cases far more severely. Prosecution must prove both the unauthorised entry and the specific intent to commit the additional offence.
Trespass with circumstances of aggravation
Aggravated trespass may involve being armed, threatening violence, or entering premises during nighttime hours. These factors significantly increase potential penalties and may result in charges being heard in higher courts.
Police powers and trespass enforcement
South Australia Police have specific powers under the Summary Offences Act to respond to trespass complaints. Officers can remove trespassers from premises, issue on-the-spot fines in certain circumstances, and arrest individuals who refuse to comply with lawful directions.
Police intervention procedures
When responding to trespass complaints, police first verify the complainant's authority over the premises and attempt to resolve the matter through voluntary compliance. If trespassers refuse to leave, officers have powers of arrest and can lay charges under the appropriate sections of the Summary Offences Act.
On-the-spot penalties
For minor trespass offences, police may issue expiation notices allowing offenders to pay a penalty without attending court. However, more serious cases or repeat offenders typically require court appearances.
Jurisdiction
Trespass offences are summary offences and are dealt with in the Magistrates Court. The Magistrates Court has jurisdiction over all trespass matters under the Summary Offences Act, regardless of the penalty sought.
Penalty for trespass
A person who is found guilty of trespass may be sentenced to a fine, a good behaviour bond, a community service order or a term of imprisonment.
Factors affecting sentencing
Courts consider various factors when determining appropriate penalties, including the offender's criminal history, the circumstances of the trespass, any damage caused, and the impact on the property owner. First-time offenders typically receive more lenient sentences than repeat trespassers.
Will I get a conviction?
Under section 24 of the Sentencing Act 2017, a court may find a person guilty of an offence without recording a conviction if:
- They are unlikely to commit such an offence again;
- Because of the character, age or physical or mental condition of the person;
- The offence was trifling;
- Any other extenuating circumstances exist.
However, if a court imposes a term of imprisonment, it must record a conviction.
Impact of conv
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Frequently Asked Questions
What happens if I refuse to leave after being asked by an authorised person?
Refusing to leave after being asked by an authorised person completes the trespass offence under section 17A of the Summary Offences Act 1953. You will face maximum penalties of $2,500 fine or six months imprisonment for regular premises, or $5,000 fine or six months imprisonment for primary production premises. The refusal to comply with a lawful direction is a key element that triggers criminal liability.
Are there different trespass laws for commercial versus residential properties in South Australia?
No, South Australia's Summary Offences Act 1953 applies the same trespass laws to both commercial and residential properties under the broad definition of premises. The main distinction is between regular premises (maximum $2,500 fine) and primary production premises like farms (maximum $5,000 fine). Whether commercial or residential, the same requirements apply: unauthorised entry, interference with occupier's enjoyment, and refusal to leave when asked.
How much will it cost to get legal advice about a trespass charge?
Go To Court Lawyers offers a fixed consultation fee of $295 for criminal law matters including trespass charges. This consultation allows you to discuss your specific circumstances, understand the charges against you, and explore potential defences. Given that trespass penalties can include up to six months imprisonment and substantial fines, professional legal advice is essential to protect your interests and achieve the best possible outcome.
How can a criminal lawyer help me with trespass charges in South Australia?
A criminal lawyer can analyse whether all elements of the trespass offence are proven, including whether you actually interfered with the occupier's enjoyment and whether the person asking you to leave was truly authorised. They can negotiate with prosecutors for reduced charges, represent you in court, present mitigating factors for sentencing, and explore defences such as lawful excuse or consent to be on the premises.
Is there a time limit for police to charge me with trespass in South Australia?
Yes, trespass is a summary offence in South Australia, meaning charges must generally be commenced within two years of the alleged incident under the Summary Procedure Act 1921. However, police may arrest you immediately if caught trespassing, or issue a summons later within this timeframe. If you've been charged or expect charges, seek legal advice promptly as early intervention can significantly impact the outcome of your case.
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