Australian Capital Territory Current Acts

CRIMINAL CODE 2002 - SECT 311

    (1)     A person commits an offence ( burglary ) if the person enters or remains in a building as a trespasser with intent—

        (a)     to commit theft of any property in the building; or

        (b)     to commit an offence that involves causing harm, or threatening to cause harm, to anyone in the building; or

        (c)     to commit an offence in the building that—

              (i)     involves causing damage to property; and

              (ii)     is punishable by imprisonment for 5 years or longer.

Maximum penalty: 1 400 penalty units, imprisonment for 14 years or both.

    (2)     In subsection (1) (b) and (c), "offence" includes an offence against a Commonwealth law.

    (3)     Absolute liability applies to subsection (1) (c) (ii).

    (4)     For this section, a person is not a trespasser only because the person is permitted to enter or remain in the building—

        (a)     for a purpose that is not the person's intended purpose; or

        (b)     because of fraud, misrepresentation or someone else's mistake.

    (5)     In this section:

"building" includes the following:

        (a)     a part of any building;

        (b)     a mobile home or caravan;

        (c)     a structure (whether or not moveable), vehicle, or vessel, that is used, designed or adapted for residential purposes.