Trespass Act 1980 Flashcards Preview

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Flashcards in Trespass Act 1980 Deck (6)
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1
Q

Trespasses

A
Section 3(1) and 11(2)(a)
3 months/ 1000$

TRESPASSES (without authority or permission

ON ANY PLACE

AFTER BEING TOLD TO LEAVE BY THE OCCUPIER (must be told to leave by occupier)

NEGLET OR REFUSES TO DO SO (after been told to leave must be given enough time)

2
Q

Legal protection for trespassing:

A

OWN PROTECTION
ANOTHER PERSON PROTECTION
AN EMERGENCY INVOLVING PROPERTY

-OWNER OF PROPERTY THAT HAS PREVIOUSLY TRESPASS THEM IS NOT LONGER THE OWNER (FOR RETURNING AGAIN)

3
Q

BEING FOUND ON A PROPERTY WITHOUT REASONABLE EXCUSE

A

Summary offence Act 1961 Section 29 (1) (b)
3 MONTHS/ 2000$

FOUND

WITHOUT REASONABLE EXUSE

IN (physically inside)

AN ENCLOSED YARD OR SUCH AREA

4
Q

Section 29 (1) (a) or 29 (1) (c)

A

3months/2000$

FOUND

WITHOUT REASONABLE EXUSE

IN
OR
ON

ANY BUILDING/SHIP/AIRCRAFT/TRAIN…
OR
ANY VEHICLE

5
Q

TRESPASS AFTER PREVIOUS WARNING

A

SECTION 4(4) AND 11(2) (a)

3 MONTHS/ 1000$

BEING A PERSON WHO HAS BEEN WARNED UNDER SECTION 4 TO STAY OFF ANY PLACE (verbally or in writing)

WILFULLY TRESPASS ON THAT PLACE

WITHIN 2 YEARS

6
Q

Which information can occupier or police ask to trespasser?

A

Name and address

Firearm license if they have a firearm with them