South Australian Current Acts

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CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 168

168—Serious criminal trespass

        (1)         For the purposes of this Act, a person commits a "serious criminal trespass if the person enters or remains in a place (other than a place that is open to the public) as a trespasser with the intention of committing an offence to which this section applies 1 .

        (2)         A place is to be regarded as open to the public if the public is admitted even though—

            (a)         a charge is made for admission; or

            (b)         the occupier limits the purposes for which a person may enter or remain in the place by express or implied terms of a public invitation.

        (3)         A person who enters or remains in a place with the consent of the occupier is not to be regarded as a trespasser unless that consent was obtained by—

            (a)         force; or

            (b)         a threat; or

            (c)         an act of deception.

        (4)         A reference in this section to the "occupier" of a place extends to any person entitled to control access to the place.

Note—

1         ie theft or an offence of which theft is an element; an offence against the person; or an offence involving interference with, damage to, or destruction of property punishable by imprisonment for 3 years or more.



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