South Australian Current Acts

SUMMARY OFFENCES ACT 1953 - SECT 17D

17D—Forcible entry or retention of land or premises

        (1)         A person who—

            (a)         uses force, threats or intimidation to enter land or premises in order to expel a person who is in possession (whether lawfully or unlawfully) of the land or premises; and

            (b)         does so otherwise than in pursuance of an order of a court or other lawful process,

is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for 1 year.

        (2)         A person who—

            (a)         enters onto land or premises unlawfully; and

            (b)         retains possession of the land or premises by force or in a manner that would render the use of force the only reasonably practicable means of recovering lawful possession of the land or premises,

is guilty of an offence.

Maximum penalty: $5 000 or imprisonment for 1 year.