{"id":"trespass-act-2023","name":"Trespass Act 2023","slug":"trespass-act-2023","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30610,"registerId":"nt-trespass-act-2023-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Trespass Act 2023","content":"NORTHERN TERRITORY OF AUSTRALIA\nTRESPASS ACT 2023\nAs in force at 30 April 2024\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Authority to enter and remain .......................................................... 2\n5 Effect on other laws and agreements .............................................. 3\n6 No discrimination or other prohibited conduct.................................. 3\n7 Traditional rights in land .................................................................. 3\n8 Application of Criminal Code ........................................................... 3\nPart 2 Enforcement provisions\n9 Direction to leave ............................................................................. 4\n10 Warning to stay off ........................................................................... 4\n11 Manner of giving direction or warning .............................................. 5\n12 Court order to stay off ...................................................................... 5\nPart 3 Trespassing offences\n13 Trespass – entering or remaining without authority ......................... 5\n14 Trespass on Crown or other land .................................................... 6\n15 Trespass after direction to leave...................................................... 7\n16 Trespass after warning to stay off.................................................... 7\n17 Trespass – contravention of court order .......................................... 8\n18 Severe hardship defence ................................................................. 8\nPart 4 Police and procedural matters\n19 Police power of removal .................................................................. 9\n20 Exercise of powers .......................................................................... 9\n21 Multiple offences.............................................................................. 9\n22 Averment ......................................................................................... 9\nPart 5 Repeals and transitional matters for\nTrespass Act 2023\nDivision 1 Repeals\n23 Acts repealed................................................................................. 10\n\nTrespass Act 2023 ii\nDivision 2 Transitional matters\n24 Definitions ...................................................................................... 10\n25 Direction to leave ........................................................................... 10\n26 Warning to stay off ......................................................................... 10\n27 Offences ........................................................................................ 11\nENDNOTES\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 30 April 2024\n____________________\nTRESPASS ACT 2023\nAn Act to provide for offences related to trespass and for related\npurposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Trespass Act 2023.\n2 Commencement\n(1) This Act commences on the day fixed by the Administrator by\nGazette notice.\n(2) If a provision of this Act does not commence before\n13 February 2025, it commences on that day.\n3 Definitions\nIn this Act:\nCrown land means all Crown land, including reserved or dedicated\nland, that is not leased or occupied under a licence or an\nagreement.\ndirection means a direction to leave a place given under\nsection 9(1) or (2).\noccupier, in relation to a place, means:\n(a) if the place is Crown land or land occupied by the Territory,\nthe Commonwealth or a statutory corporation – a person in\ncharge of the land; or\n\nPart 1 Preliminary matters\nTrespass Act 2023 2\n(b) if the place is not Crown land or land occupied by the\nTerritory, the Commonwealth or a statutory corporation:\n(i) a person in lawful occupation of the place and any\nemployee or other person acting under the authority of\nan occupier of the place; or\n(ii) if there is no person in lawful occupation of the place –\nthe owner of the place.\norder means an order to stay off a place issued by a court under\nsection 12.\nplace means any of the following:\n(a) a building or structure, whether permanent or temporary and\nwhether fixed or capable of being moved;\n(b) land, whether enclosed or not;\n(c) a motor vehicle;\n(d) a trailer or caravan;\n(e) an aircraft;\n(f) a boat or other vessel;\n(g) a train or rolling stock on or for use on a railway.\nwarning means a warning to stay off a place given under\nsection 10(1) or (2).\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Authority to enter and remain\n(1) In this Act, the following persons are taken to be authorised to enter\nor remain in, on or at a place:\n(a) an occupier of the place;\n(b) an individual who has express consent from the occupier of\nthe place to enter or remain in, on or at the place;\n(c) an individual who has implied consent from the occupier of the\nplace to enter or remain in, on or at the place;\n\nPart 1 Preliminary matters\nTrespass Act 2023 3\n(d) an individual who is authorised to enter or remain in, on or at\nthe place under a law in force in the Territory.\n(2) For this Act, a direction or a warning given to a person in respect of\na place is taken to be the withdrawal of any express or implied\nconsent for that person to enter or remain in, on or at the place.\n5 Effect on other laws and agreements\nThis Act does not affect anything that a person is authorised to do\nby or under:\n(a) any other law in force in the Territory; or\n(b) any legally enforceable agreement.\n6 No discrimination or other prohibited conduct\n(1) A person must not use a power under this Act to engage in\nprohibited conduct or otherwise contravene the Anti-Discrimination\nAct 1992.\n(2) In this section:\nprohibited conduct, see section 4(1) of the Anti-Discrimination\nAct 1992.\n7 Traditional rights in land\nTo avoid doubt, this Act does not affect the existence, enjoyment or\nexercise of:\n(b) any native title rights and interests, within the meaning of the\nNative Title Act 1993 (Cth), or any other rights under that Act;\nor\n(b) any rights under the Aboriginal Land Rights (Northern\nTerritory) Act 1976 (Cth).\n8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n\nPart 2 Enforcement provisions\nTrespass Act 2023 4\nPart 2 Enforcement provisions\n9 Direction to leave\n(1) An occupier of a place may direct a person in, on or at the place to\nleave the place.\n(2) A police officer may direct a person in, on or at a place to leave the\nplace:\n(a) at the request of an occupier of the place; or\n(b) on the officer's own initiative in relation to Crown land or land\noccupied by the Territory, the Commonwealth or a statutory\ncorporation.\n(3) A direction may specify that the person is banned from returning to\nand entering the place for a period of up to 7 days from the day the\ndirection is received by the person.\n(4) If no period is specified in the direction, the person is banned from\nreturning to and entering the place for a period of 72 hours from the\ntime the direction is received by the person.\n(5) Unless otherwise authorised, a person who is directed to leave a\nplace must leave the place as soon as reasonably practicable and\nnot return to or enter the place within the period applicable under\nsubsection (3) or (4).\n10 Warning to stay off\n(1) An occupier of a place may warn a person that the person does not\nhave permission to enter the place and must stay off the place if:\n(a) the person is trespassing, or has trespassed, in, on or at the\nplace; or\n(b) the occupier has reasonable grounds to suspect that the\nperson is likely to trespass in, on or at the place.\n(2) A police officer may warn a person that the person does not have\npermission to enter the place and must stay off the place:\n(a) at the request of an occupier of the place; or\n(b) on the officer's own initiative in relation to Crown land or land\noccupied by the Territory, the Commonwealth or a statutory\ncorporation.\n\nPart 3 Trespassing offences\nTrespass Act 2023 5\n(3) A warning may specify that the person is banned from entering the\nplace for a period not exceeding 12 months from the day the\nwarning is received by the person.\n(4) If no period is specified in the warning, the person is banned for a\nperiod of 3 months from the day the warning is received by the\nperson.\n(5) Unless otherwise authorised, a person who is warned to stay off a\nplace must not enter the place during the period applicable under\nsubsection (3) or (4).\n11 Manner of giving direction or warning\n(1) A direction or a warning may be given to a person orally or in\nwriting.\n(2) A direction or warning may be given orally to members of a group\nby addressing the group as a whole and making it clear that each\nmember is included in the direction or warning.\n12 Court order to stay off\n(1) A court of competent jurisdiction may order a person found guilty of\na trespassing offence in relation to a place to stay off and not enter\nthat place for a period of up to 12 months.\n(2) In this section:\ntrespassing offence means any of the following:\n(a) an offence against this Act;\n(b) an offence against the Trespass Act 1987.\nPart 3 Trespassing offences\n13 Trespass – entering or remaining without authority\n(1) A person commits an offence if the person:\n(a) intentionally enters a place; and\n(b) is not authorised to enter the place.\nMaximum penalty: 20 penalty units or imprisonment for\n6 months or, for an aggravated offence,\n50 penalty units or imprisonment for\n12 months.\n\nPart 3 Trespassing offences\nTrespass Act 2023 6\n(2) A person commits an offence if the person:\n(a) intentionally remains in, on or at a place; and\n(b) is not authorised to remain in, on or at the place.\nMaximum penalty: 20 penalty units or imprisonment for\n6 months or, for an aggravated offence,\n50 penalty units or imprisonment for\n12 months.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\n(4) An offence against subsection (1) or (2) is an aggravated offence if\nthe place is a place of primary production and the defendant is\nreckless in relation to that circumstance.\n(5) If the prosecution intends to prove an aggravated offence against\nsubsection (1) or (2), the circumstance of aggravation must be\ncontained in the charge.\n(6) In this section:\nplace of primary production means a place that is used to carry\nout a business that involves any of the following:\n(a) agricultural, pastoral, horticulture or apicultural activities;\n(b) the cultivating of soils, the gathering of crops or the holding,\nrearing or processing of livestock;\n(c) the propagation or harvesting of fish or other aquatic\norganisms for the purpose of aquaculture.\n14 Trespass on Crown or other land\n(1) A person commits an offence if:\n(a) the person intentionally enters land; and\n(b) the land is Crown land or is land occupied by the Territory, the\nCommonwealth or a statutory corporation; and\n(c) a notice is posted on the land clearly warning that trespassing\non the land is prohibited.\nMaximum penalty: 20 penalty units.\n(2) Strict liability applies to subsection (1)(b) and (c).\n\nPart 3 Trespassing offences\nTrespass Act 2023 7\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) the defendant was not aware of, and could not reasonably be\nassumed to have been aware of, the notice posted on the\nland; or\n(b) the defendant:\n(i) did not know the land was Crown land, or land occupied\nby the Territory, the Commonwealth or a statutory\ncorporation; and\n(ii) entered the land while hunting or in the pursuit of game.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to this defence (see\nsection 43BU of the Criminal Code).\n15 Trespass after direction to leave\n(1) A person commits an offence if the person:\n(a) is in, on or at a place; and\n(b) is directed under section 9 to leave the place; and\n(c) does not leave the place as soon as reasonably practicable.\nMaximum penalty: 20 penalty units.\n(2) A person commits an offence if the person:\n(a) is directed under section 9 to leave a place; and\n(b) returns to and enters the place contrary to section 9(5).\nMaximum penalty: 20 penalty units.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n16 Trespass after warning to stay off\n(1) A person commits an offence if the person:\n(a) is warned under section 10 to stay off and not enter a place;\nand\n\nPart 3 Trespassing offences\nTrespass Act 2023 8\n(b) enters the place contrary to section 10(5).\nMaximum penalty: 20 penalty units.\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the person by whom, or on whose behalf, the\nwarning was given is no longer an occupier of the place entered.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to this defence (see\nsection 43BU of the Criminal Code).\n17 Trespass – contravention of court order\n(1) A person who is ordered under section 12 to stay off a place must\nnot enter the place within the period specified in the order, unless\nthe person is authorised to enter despite the order.\n(2) A person commits an offence if:\n(a) the person is ordered under section 12 not to enter a place;\nand\n(b) the person intentionally enters the place; and\n(c) the entry contravenes the order.\nMaximum penalty: 20 penalty units or imprisonment for\n6 months.\n(3) Strict liability applies to subsection (2)(a) and (c).\n18 Severe hardship defence\nIt is a defence to a prosecution for an offence against section 15(1)\nor (2), 16(1) or 17(2) if the conduct was reasonable in the\ncircumstances to prevent or mitigate severe hardship to the\ndefendant or others.\nExamples for section 18\n1 Substantial difficulty in obtaining groceries, medication or health related\nservices.\n2 Unreasonable risk to health or safety.\n3 Other hardship that the court considers severe in all of the circumstances.\nNote for section 18\nThe defendant has an evidential burden in relation to this defence (see\nsection 43BU of the Criminal Code).\n\nPart 4 Police and procedural matters\nTrespass Act 2023 9\nPart 4 Police and procedural matters\n19 Police power of removal\nA police officer may, without arrest, remove a person and any of the\nperson's property from a place if the officer believes on reasonable\ngrounds that the person has committed, is committing or is about to\ncommit an offence against this Act.\nNotes for section 19\n1 Section 123 of the Police Administration Act 1978 authorises a member of the\nPolice Force to, without warrant, arrest and take into custody any person\nwhere the member believes on reasonable grounds that the person is\ncommitting, has committed or is about to commit an offence.\n2 Section 23 of the Youth Justice Act 2005 requires a police officer to take all\nreasonable steps to notify a responsible adult of the arrest or charging of a\nyouth for an offence.\n20 Exercise of powers\n(1) A police officer may use reasonable force and assistance in\nexercising a power under this Act.\n(2) To avoid doubt, a police officer who gives a direction or warning at\nthe request of an occupier of a place is acting in the course of the\npolice officer's duties.\n21 Multiple offences\nA person may be charged with and found guilty of more than one\noffence against this Act for a sequence of conduct that constitutes\nthose separate offences.\n22 Averment\n(1) An averment may be made regarding facts specified in\nsubsection (2) in a complaint for an offence against any of the\nfollowing:\n(a) section 14(1);\n(b) section 15(1) or (2);\n(c) section 16(1).\n(2) The averment is taken to be evidence in respect of the following\nfacts:\n(a) that a person is, or was at the relevant time, an occupier of a\nplace;\n\nDivision 2 Transitional matters\nTrespass Act 2023 10\n(b) that a person is, or was at the relevant time, a police officer;\n(c) that a direction was given to or received by a person and the\ncontents of the direction;\n(d) that a warning was given to or received by a person and the\ncontents of the warning.\nPart 5 Repeals and transitional matters for Trespass\nAct 2023\nDivision 1 Repeals\n23 Acts repealed\nThe following Acts are repealed:\n(a) Trespass Act 1987 (Act No. 7 of 1987);\n(b) Trespass Amendment Act 2000 (Act No. 51 of 2000).\nDivision 2 Transitional matters\n24 Definitions\nIn this Division:\ncommencement means the commencement of Part 2.\nrepealed Act means the Trespass Act 1987.\n25 Direction to leave\nAny direction to leave given under section 7 of the repealed Act,\nthat is in effect immediately before the commencement, continues\nin effect in accordance with its terms and is taken to be a direction\nunder this Act.\n26 Warning to stay off\nAny warning to stay off given under section 8 of the repealed Act,\nthat is in effect immediately before the commencement, continues\nin effect in accordance with its terms and is taken to be a warning\nunder this Act.\n\nDivision 2 Transitional matters\nTrespass Act 2023 11\n27 Offences\n(1) The provisions of the repealed Act, as in force immediately before\nthe commencement, continue to apply to offences against that Act\ncommitted before the commencement.\n(2) For subsection (1), an offence is taken to have been committed\nbefore the commencement if any of the conduct constituting the\noffence occurred before the commencement.\n\nENDNOTES\nTrespass Act 2023 12\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTrespass Act 2023 (Act No. 7, 2023)\nAssent date 6 April 2023\nCommenced 1 May 2023 (Gaz G9, 27 April 2023, p 1)\nLivestock and Other Legislation Amendment Act 2024 (Act No. 7, 2024)\nAssent date 9 April 2024\nCommenced 30 April 2024 (Gaz S33, 26 April 2024)\n3 LIST OF AMENDMENTS\ns 13 amd No. 7, 2024, s 40\npt 6 hdg rep No. 7, 2023, s 35\npt 6\ndiv 1 hdg rep No. 7, 2023, s 35\nss 28 – 30 rep No. 7, 2023, s 35\npt 6\ndiv 2 hdg rep No. 7, 2023, s 35\nss 31 – 32 rep No. 7, 2023, s 35\npt 6\ndiv 3 hdg rep No. 7, 2023, s 35\nss 33 – 34 rep No. 7, 2023, s 35\npt 6\ndiv 4 hdg rep No. 7, 2023, s 35\ns 35 rep No. 7, 2023, s 35","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act repeals the Trespass Act 1987 (s23) and replaces it with a structured offence regime: authorised entry rules and occupier definitions (s3–4), explicit direction/warning powers with prescribed ban durations (ss9–11), new and clarified offences with strict liability for specified elements (ss13–17), a police removal power (s19), and a statutory severe-hardship defence (s18). Transitional provisions preserve existing directions/warnings and apply the repealed Act to pre-commencement conduct (ss25–27)."},"complexity_factors":["Multiple overlapping offence types (unauthorised entry/remain, contravening directions/warnings, contravening court orders) (ss13,15–17)","Mix of strict liability and fault-based elements (strict liability for several elements: ss13(3),14(2),15(3),16(2),17(3))","Aggravated offence tied to 'place of primary production' with recklessness element (s13(4)–(6))","Discretion given to occupiers and police to issue directions/warnings and to police to remove persons/property (ss9–11,19–20)","Fixed statutory ban periods and alternative maximums (directions: 72 hours–7 days s9; warnings: 3 months–12 months s10; court orders up to 12 months s12)","Defences and evidential burdens (severe hardship defence s18; evidential burdens noted by reference to Criminal Code s43BU in notes to ss14(3),16(3),18)","Transitional savings and full repeal of prior Trespass Act 1987 (ss23,25–27) requiring reconciliation of past orders and offences","Interaction with other laws and rights (s5 effect on other laws, s7 native title/land rights, s8 application of Criminal Code) increasing interpretive overlap"],"plain_english_summary":"This Act creates offences for entering or remaining on places without authority, lets occupiers and police give directions (s9) and warnings (s10) that ban return for set periods, and allows courts to order people to stay off places (s12). It also gives police power to remove people and property (s19) and applies Criminal Code principles to these offences (s8). \n\nIt affects occupiers, land users, visitors, police and courts; compliance can lead to fines or imprisonment and requires occupiers to give or prove directions/warnings, while police and courts gain practical discretion to enforce bans (s9–12, s19)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purpose 'to provide for offences related to trespass and for related purposes'. It modernises and consolidates the 1987 Act without significant expansion into unrelated areas. The inclusion of transitional provisions, police powers, and safeguards for traditional rights are standard ancillary provisions for a trespass statute."},"complexity_factors":["22 defined terms in section 3, including nested definitions for 'occupier' with multiple conditional branches","Cross-references to external legislation: Criminal Code (Cth), Anti-Discrimination Act 1992 (NT), Native Title Act 1993 (Cth), Aboriginal Land Rights (Northern Territory) Act 1976 (Cth), Police Administration Act 1978, Youth Justice Act 2005, Interpretation Act 1978","Multiple overlapping offences with similar elements (sections 13-17) creating potential for double charging addressed only by general 'multiple offences' provision in section 21","Conditional penalty structures: base penalties vs aggravated offences (section 13), with specific procedural requirement that aggravation must be in the charge (section 13(5))","Strict liability offences (sections 13(3), 14(2), 15(3), 16(2), 17(3)) requiring careful navigation of general criminal law defences via Criminal Code Part IIAA","Evidential burdens on defendants for specific defences (sections 14(3), 16(3), 18) requiring knowledge of Criminal Code section 43BU","Transitional provisions preserving old Act directions/warnings and continuing offences (sections 24-27)","Averment provisions (section 22) allowing certain facts to be taken as proved without evidence, which is a technical procedural mechanism"],"plain_english_summary":"**What this law does:**\n\nThis is the Northern Territory's **Trespass Act 2023**, which sets out when someone is trespassing, how they can be removed, and what penalties they face. It replaces the old 1987 Trespass Act.\n\n**Who it affects:**\n\n- **Property owners and occupiers** – they can tell people to leave their property and ban them from returning\n- **Police** – they can remove people from property and issue directions or warnings\n- **Anyone entering private or public land** – you can be charged if you enter without permission, refuse to leave when asked, or return after being banned\n\n**Key things to know:**\n\n- **What counts as trespassing:** Entering or staying on any \"place\" (buildings, land, vehicles, boats, aircraft) without permission from the occupier or without legal authority\n- **How people get removed:**\n  - The occupier can tell you to leave (verbally or in writing)\n  - Police can tell you to leave (either because the occupier asked, or on their own initiative for government land)\n  - If you don't leave, police can physically remove you\n- **Bans and warnings:**\n  - A **direction to leave** can ban you for up to 7 days (or 72 hours if not specified)\n  - A **warning to stay off** can ban you for up to 12 months (or 3 months if not specified)\n  - A **court order** can ban you for up to 12 months\n- **Penalties:** Fines up to 20 penalty units (about $3,100) or 6 months jail for basic offences; up to 50 penalty units (about $7,800) or 12 months jail for aggravated offences involving farms or primary production\n- **Defences:** You have a defence if you were preventing \"severe hardship\" (like getting medication), or if you didn't see a warning sign on Crown land\n- **Protections:** The law explicitly says it doesn't affect Aboriginal land rights, native title, or anti-discrimination laws\n\n**Why it matters:**\n\nThis law gives clear powers to remove unwanted people from property while balancing protections for traditional land rights. It creates a tiered system where minor trespass gets a short ban, repeat or suspected trespass gets a longer warning, and serious cases go to court."}},"importantCases":[],"_links":{"self":"/api/acts/trespass-act-2023","history":"/api/acts/trespass-act-2023/history","analysis":"/api/acts/trespass-act-2023/analysis","conflicts":"/api/acts/trespass-act-2023/conflicts","importantCases":"/api/acts/trespass-act-2023/important-cases","documents":"/api/acts/trespass-act-2023/documents"}}