311Burglary

311 Burglary (1) A person commits an offence (burglary) if the person enters or remains in a building as a trespasser with intent— (a) to commit theft of any property in the building; or (b) to commit an offence that involves causing harm, or threatening to cause harm, to anyone in the building; or (c) to commit an offence in the building that— (i) involves causing damage to property; and (ii) is punishable by imprisonment for 5 years or longer. (2) In subsection (1) (b) and (c), offence includes an offence against a Commonwealth law.

(3) Absolute liability applies to subsection (1) (c) (ii). (4) For this section, a person is not a trespasser only 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) because of fraud, misrepresentation or someone else’s mistake. building includes the following: (a) a part of any building; (b) a mobile home or caravan; (c) a structure (whether or not moveable), vehicle, or vessel, that is used, designed or adapted for residential purposes.