sec.48AUnlawful entry of dwelling houses

### sec.48A Unlawful entry of dwelling houses Any person who enters a dwelling house without the consent of the person in lawful occupation or, where there is not a person in lawful occupation, without the consent of the owner is guilty of an offence. Maximum penalty—20 penalty units or imprisonment for 1 year. If the offender gains entry to the dwelling house— by force; or by threats or intimidation of any kind; or by deceit; or by any fraudulent trick or device; or by false and fraudulent representations as to the reason for entry; the offender is guilty of an offence whether or not the offender has the consent of the person in lawful occupation or the owner. Maximum penalty—30 penalty units or imprisonment for 18 months. A person is not guilty of an offence under subsection (1) or (1A) — where the person shows that his or her entry of the dwelling house in question (not being an entry by any means referred to in subsection (1A) (b) , (c) , (d) or (e) ) was authorised, justified or excused by law; or where the person shows that he or she entered the dwelling house in question bona fide for the protection or succour of any person therein or the preservation or protection of the dwelling house. Any person who without lawful excuse, the proof of which lawful excuse shall be upon the person, is found in a dwelling house or the yard of a dwelling house is guilty of an offence. Maximum penalty—20 penalty units or imprisonment for 1 year. In subsection (3) — yard includes any path, garden, curtilage, courtyard, enclosure, lawn or other ground or area within the precincts of or appurtenant to or under the dwelling house in question. It is lawful for any person who finds another committing an offence against this section to arrest him or her without warrant. In any case where there is power pursuant to subsection (4) to arrest an offender, the power and authority to proceed against such an offender by way of complaint and summons under the Justices Act 1886 in accordance with this Act also lies. The provisions of this section are in addition to, are not in substitution for, and do not derogate from any of the provisions of the Criminal Code or any other Act. In this section— dwelling house has the meaning it has from time to time in the Criminal Code . For the purposes of this section, a person is said to enter a dwelling house as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling house. s 48A ins 1976 No. 26 s 8 amd 1993 No. 83 s 91 ; 2000 No. 5 s 461 sch 3 ; 2010 No. 42 s 214 sch (sec.48A-ssec.1) Any person who enters a dwelling house without the consent of the person in lawful occupation or, where there is not a person in lawful occupation, without the consent of the owner is guilty of an offence. Maximum penalty—20 penalty units or imprisonment for 1 year. (sec.48A-ssec.1A) If the offender gains entry to the dwelling house— by force; or by threats or intimidation of any kind; or by deceit; or by any fraudulent trick or device; or by false and fraudulent representations as to the reason for entry; the offender is guilty of an offence whether or not the offender has the consent of the person in lawful occupation or the owner. Maximum penalty—30 penalty units or imprisonment for 18 months. (sec.48A-ssec.2) A person is not guilty of an offence under subsection (1) or (1A) — where the person shows that his or her entry of the dwelling house in question (not being an entry by any means referred to in subsection (1A) (b) , (c) , (d) or (e) ) was authorised, justified or excused by law; or where the person shows that he or she entered the dwelling house in question bona fide for the protection or succour of any person therein or the preservation or protection of the dwelling house. (sec.48A-ssec.3) Any person who without lawful excuse, the proof of which lawful excuse shall be upon the person, is found in a dwelling house or the yard of a dwelling house is guilty of an offence. Maximum penalty—20 penalty units or imprisonment for 1 year. (sec.48A-ssec.3A) In subsection (3) — yard includes any path, garden, curtilage, courtyard, enclosure, lawn or other ground or area within the precincts of or appurtenant to or under the dwelling house in question. (sec.48A-ssec.4) It is lawful for any person who finds another committing an offence against this section to arrest him or her without warrant. (sec.48A-ssec.5) In any case where there is power pursuant to subsection (4) to arrest an offender, the power and authority to proceed against such an offender by way of complaint and summons under the Justices Act 1886 in accordance with this Act also lies. (sec.48A-ssec.11) The provisions of this section are in addition to, are not in substitution for, and do not derogate from any of the provisions of the Criminal Code or any other Act. (sec.48A-ssec.12) In this section— dwelling house has the meaning it has from time to time in the Criminal Code . (sec.48A-ssec.13) For the purposes of this section, a person is said to enter a dwelling house as soon as any part of the person’s body or any part of any instrument used by the person is within the dwelling house. - (a) by force; or - (b) by threats or intimidation of any kind; or - (c) by deceit; or - (d) by any fraudulent trick or device; or - (e) by false and fraudulent representations as to the reason for entry; - (a) where the person shows that his or her entry of the dwelling house in question (not being an entry by any means referred to in subsection (1A) (b) , (c) , (d) or (e) ) was authorised, justified or excused by law; or - (b) where the person shows that he or she entered the dwelling house in question bona fide for the protection or succour of any person therein or the preservation or protection of the dwelling house.