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Criminal Code Act 1983
221Burglary
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221 Burglary
(a) enters or remains in a building; and
(b) engages in the conduct mentioned in paragraph (a) with the
intention of committing an indictable offence or an offence
against section 188(1) in the building; and
(c) is a trespasser and the person is reckless in relation to that
If the circumstances of aggravation in section 222(1) apply to the offence, the
maximum penalty is the maximum penalty under section 222(2) or (3).
(3) For this section, a person is not a trespasser merely 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) as a result of fraud, misrepresentation or another person's
mistake.