unlawful entry

comments individually delivered – closed 16 September 2022.

The Department of Justice and Correctional Services published the draft Unlawful Entering on Premises Bill for public comment.

    • If someone unlawfully gains entry to an enclosed property without permission from the property owner or lawful occupier they are guilty of an offence;
    • Property owners need to put up clear signage – or give an oral warning to the perpetrator – that indicates that entry is prohibited;
    • Owners or lawful occupiers can call the police to apprehend trespassers;
    • Trespassers can defend against the charge if there is a reasonable belief that they have title or interest on the premises that entitles them to enter the property;
    • It’s presumed that access to the door of the property is not prohibited if you’ve provided the means to access it.

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