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Trespassing

Trespass

A person on a premises who does not leave immediately when asked by an authorised person (generally the occupier of the premises), or who comes back within the following 24 hours, is guilty of an offence.

Maximum penalty: $2500 or 6 months imprisonment.

[Summary Offences Act 1953 (SA) s 17A].

It is an offence to use offensive language or behave in an offensive manner while trespassing on premises.

Maximum penalty: $1 250

[Summary Offences Act 1953 (SA) s 17A(2)].

It is also an offence for a trespasser to refuse to give his or her name and address when asked by an authorised person.

Maximum penalty: $1 250

[Summary Offences Act 1953 (SA) s 17A(2a)].

Gatecrashing - trespass at private parties

When an uninvited individual or group of individuals "gatecrash" a private party being held on residential premises the occupier of the premises or person organising the party has the right to deal with them under section 17AB of the Summary Offences Act 1953 (SA).

Where the occupier or organiser reasonably suspects that a person is not entitled to attend they can ask the individual to produce evidence of their entitlement to be there. If they fail to satisfy this request and then fails to leave after being requested to do so they can be told that they are a trespasser on the premises and then become trespassers for the purposes of the Summary Offences Act 1953 (SA), s 17AB(2) and the Criminal Law Consolidation Act 1935 (SA), s 15A. If a trespasser fails to leave the premises, or if they trespass again, they will be guilty of an offence.

Maximum penalty: $5000 or 1 year imprisonment.

A trespasser who uses offensive language or behaves in an offensive manner is guilty of a further offence.

Maximum penalty: $2500

It is also an offence for a trespasser to refuse to give their name and address to the occupier/organiser.

Maximum penalty: $2500

[Summary Offences Act 1953 (SA) s 17AB].

A police officer may, upon request of the occupier/organiser, remove a trespasser from the premises if they reasonably suspect that the trespasser is committing one of the above offences [s 17AB(7)].

Trespassing  :  Last Revised: Fri Aug 1st 2014
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