Criminal Code (Trespass Offences) Amendment Bill 2019*

An Act to amend the Criminal Code for particular purposes

1Short title

This Act may be cited as the Criminal Code (Trespass Offences) Amendment Act 2019.

2Code amended

This Act amends the Criminal Code.

3Amendment of s 1 (Definitions)

Section 1—
insert—

private land, for part 6, division 1, chapter 39, see section 418(4).

public land, for part 6, division 1, chapter 39, see section 418(4).

transport infrastructure, for part 6, division 1, chapter 39, see section 418(4).

4Amendment of s 418 (Definitions)

Section 418(4)—
insert—

private land means land other than public land.

public land means—

(a)land that the public is entitled to use, is open to members of the public or is used by the public, whether or not on payment of money; or

(b)land, the occupier of which allows, whether or not on payment of money, members of the public to enter.

transport infrastructure means a port or railway.

5Insertion of new ss 422–424

After section 421—
insert—

422Aggravated trespass

(1)A person who unlawfully enters or is in premises, private land or transport infrastructure with intent to cause economic loss to another person or the State commits an offence.

Maximum penalty—100 penalty units or 3 years imprisonment.

(2)In this section—

unlawfully means without authorisation, justification or excuse by law.

423Serious criminal trespass

A person who enters or is in premises, private land or transport infrastructure used for business purposes and commits an offence punishable by 3 years imprisonment or more commits a crime.

Maximum penalty—3,000 penalty units or 10 years imprisonment.

424Organised trespass

(1)A person commits a crime if—

(a)the person—

(i)is a participant in an organisation; and

(ii)counsels or procures, or arranges for, another person to commit an offence against section 422 or 423; and

(b)the other person—

(i)is a participant in the same organisation; and

(ii)commits an offence against section 422 or 423.

Maximum penalty—3,000 penalty units or 10 years imprisonment.

(2)This section does not limit section 7.

(3)In this section—

organisation includes a business and a charity.

participant, in an organisation, means a director, member or volunteer of the organisation.

6Amendment of s 552BB (Excluded offences)

Section 552BB, table—
insert—

section 423	Serious criminal trespass
section 424	Organised trespass