Trespass Act

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NORTHERN TERRITORY OF AUSTRALIA TRESPASS ACT As in force at 1 July 2004 TABLE OF PROVISIONS Section 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Short title Commencement Repeal Interpretation Trespass on premises Trespass on prohibited land Trespass after direction to leave Trespass after warning to stay off Giving directions or warnings Power of removal Offences Evidence Defences Relationship of Act to other laws and instruments Notes Table of Amendments NORTHERN TERRITORY OF AUSTRALIA ____
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   NORTHERN TERRITORY OF AUSTRALIATRESPASS ACTAs in force at 1 July 2004TABLE OF PROVISIONSSection1. Short title2. Commencement3. Repeal4. Interpretation5. Trespass on premises6. Trespass on prohibited land7. Trespass after direction to leave8. Trespass after warning to stay off 9. Giving directions or warnings10. Power of removal11. Offences12. Evidence13. Defences14. Relationship of Act to other laws and instrumentsNotesTable of Amendments    NORTHERN TERRITORY OF AUSTRALIA ____________________This reprint shows the Act as in force at 1 July 2004. Any amendments that maycome into operation after that date are not included.____________________ TRESPASS ACTAn Act to amend the law relating to trespass1. Short title This Act may be cited as the Trespass Act  . ( See back note 1) 2. Commencement (1) Sections 1 and 2 shall come into operation on the day on which theAdministrator's assent to this Act is declared.(2) The remaining provisions of this Act shall come into operation on adate to be fixed by the Administrator by notice in the Gazette . ( See back note 1) 3. Repeal Sections 118 and 119 of the Crown Lands Act  and sections 57(1)(n) and91A of the Summary Offences Act  are repealed. 4. Interpretation (1) In this Act, unless the contrary intention appears – Crown land means all Crown land, including reserved or dedicated land,other than Crown land which has been leased or is occupied undera licence or an agreement; occupier , in relation to a place, means –(a) where the place is Crown land or land occupied by theTerritory or the Commonwealth or a statutory corporation –a person in charge of the land; and(b) where the place is other than Crown land or land occupiedby the Territory or the Commonwealth or a statutorycorporation – a person in lawful occupation of the place,  Trespass Act  2and includes an employee or other person acting under theauthority of a person in charge under paragraph (a) or in lawfuloccupation under paragraph (b); place includes premises and land (including prohibited land and Crownland); premises means –(a) a building or structure whether permanent or temporary andwhether fixed or capable of being moved;(b) a dwelling-place;(c) any part of a yard, garden or area (whether enclosed or not);or(d) a vehicle (including a caravan), vessel, aircraft or hovercraft; prohibited land means –(a) Crown land;(b) land occupied by the Territory or the Commonwealth; or(c) land occupied by a statutory corporation,upon which is posted a notice in English to the effect thattrespassing on the land is prohibited.(2) Where no person is the occupier of any place, the owner of thatplace shall, for the purposes of this Act, be deemed to be the occupier. 5. Trespass on premises A person who trespasses on premises commits an offence.Penalty: 20 penalty units or imprisonment for 6 months. 6. Trespass on prohibited land A person who trespasses on prohibited land commits an offence.Penalty: 20 penalty units.  Trespass Act  3 7. Trespass after direction to leave (1) A person who trespasses on any place and, after being directed toleave that place by an occupier or member of the Police Force acting at therequest of the occupier, fails or refuses to do so forthwith or returns within24 hours to that place, commits an offence.Penalty: 20 penalty units.(2) A direction under subsection (1) may, where the trespass is onCrown land or land occupied by the Territory or the Commonwealth or astatutory corporation, be given by a member of the Police Force whether a requestto act has been made by the occupier or not. 8. Trespass after warning to stay off  (1) Where a person is trespassing or has trespassed on any place, anoccupier of that place may, at the time of the trespass or within a reasonable timeafterwards, warn that person to stay off that place.(2) Where an occupier of any place has reasonable cause to suspectthat a person is likely to trespass on that place, the occupier may warn that personto stay off that place.(3) Where a person is found guilty of an offence against this Actcommitted on or in respect of any place, the Court may warn that person to stayoff that place.(4) A person who, being a person who has been warned under thissection to stay off any place, trespasses on that place within one year after thegiving of the warning, commits an offence.Penalty: 20 penalty units. 9. Giving directions or warnings (1) A direction to leave under section 7 or a warning to stay off undersection 8 shall be given to the individual person concerned either orally or bynotice in writing delivered to that person or sent to that person by post.(2) Where the person concerned is a member of a group, it is asufficient compliance with subsection (1) in relation to an oral direction to leaveor a warning to stay off if the direction or warning is addressed to the group ormembers of it and it is clear that the person concerned is included among thosepersons addressed.
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