Trespass

It is a State offence to wilfully trespassWrongful entry onto or interference with a property without the permission of the lawful owner or occupier. in any place and neglect or refuse to leave that place after being warned to do so by the owner, occupier or a person authorised by the owner or occupier (section 9(1)(d) Summary Offences Act 1966 (Vic)). The maximum penalty is $2500 or six months’ jail, although the penalty is usually a small fine. However, every case is different so you should seek legal advice about the penalty you may face.

If you enter onto another person’s land without their permission, you will be trespassing. If you deliberately or carelessly do something that directly causes interference with someone else’s land, a trespassWrongful entry onto or interference with a property without the permission of the lawful owner or occupier. is committed. TrespassWrongful entry onto or interference with a property without the permission of the lawful owner or occupier. is a civil wrong, and you can be sued for doing it. The most common example of trespassing is when you go onto someone’s land without their permission.

Trespass under Commonwealth law

The corresponding Commonwealth offences do not require that a warning be given but provide for a defenceA formal denial of an alleged fact raised by the plea of not guilty. of “lawful” or “reasonable excuse” (section 89(1) Crimes Act 1914 (Cth) and ss.11(1) and 12(1) Public Order (Protection of Persons and Property) Act 1971 (Cth)). The penalty for both is a fine of up to $1000.

TrespassWrongful entry onto or interference with a property without the permission of the lawful owner or occupier. on certain types of premises is governed by different Acts; e.g. Regulation 35 of the DefenceA formal denial of an alleged fact raised by the plea of not guilty. Force Regulations1952 (Cth) authorises the Minister to declare a place to be a prohibited area and creates offences of entering or remaining without permission. The maximum penalty is $2000 or imprisonment for six months, or both.