South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 17A

17A—Trespassers on premises

        (1)         Where—

            (a)         a person trespasses on premises; and

            (b)         the nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier; and

            (c)         the trespasser is asked by an authorised person to leave the premises,

the trespasser is, if he or she fails to leave the premises forthwith or again trespasses on the premises within 24 hours of being asked to leave, guilty of an offence.

Maximum penalty:

            (a)         if the premises are primary production premises—$5 000 or imprisonment for 6 months;

            (b)         in any other case—$2 500 or imprisonment for 6 months.

        (2)         A person who, while trespassing on premises, uses offensive language or behaves in an offensive manner is guilty of an offence.

Maximum penalty: $1 250.

        (2a)         A person who trespasses on premises must, if asked to do so by an authorised person, give his or her name and address to the authorised person.

Maximum penalty: $1 250.

        (3)         In this section—

"authorised person", in relation to premises, means—

            (a)         the occupier, or a person acting on the authority of the occupier;

            (b)         where the premises are the premises of a school or other educational institution or belong to the Crown or an instrumentality of the Crown, the person who has the administration, control or management of the premises, or a person acting on the authority of such a person;

"occupier", in relation to premises, means the person in possession, or entitled to immediate possession, of the premises;

"offensive" includes threatening, abusive or insulting;

"premises" means—

            (a)         any land; or

            (b)         any building or structure; or

            (c)         any aircraft, vehicle, ship or boat;

"primary production premises" means premises used for the purpose of primary production activities.

        (4)         In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified premises will be accepted as proved in the absence of proof to the contrary.