Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Trespass on Territory Land Act 1932
A1932-20
Republication No 9
Effective: 1 January 2024
Republication date: 1 January 2024
Last amendment made by A2023-52
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Trespass on Territory Land Act 1932 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 January 2024.
It also includes any commencement, amendment, repeal or expiry affecting this republished law
to 1 January 2024.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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Australian Capital Territory
Trespass on Territory Land Act 1932
Contents
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Inspectors 2
4 Trespass on Territory land 2
4A Animals straying etc on Commonwealth land 3
4B Grazing stock on Commonwealth land in city area 3
5 Damage to fences 4
6 Leaving gates open 4
7 Damaging trees etc 4
8 Persons authorised to prevent trespassing etc 5
8C Evidence 5
9 Persons reasonably suspected to give name and address 6
Contents
Page
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Dictionary 7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 13
5 Earlier republications 16
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Australian Capital Territory
Trespass on Territory Land Act 1932
An Act relating to trespass on Territory land
Section 1
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1 Name of Act
This Act is the Trespass on Territory Land Act 1932.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act, and includes references (signpost definitions) to other terms defined
elsewhere.
For example, the signpost definition ‘vehicle—see the Road Transport
(Vehicle Registration) Act 1999, dictionary.’ means that the term
‘vehicle’ is defined in that dictionary and the definition applies to this
Act.
Note 2 A definition in the dictionary (including a signpost definition) applies to
the entire Act unless the definition, or another provision of the Act,
provides otherwise or the contrary intention otherwise appears (see
Legislation Act, s 155 and s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3A Inspectors
(1) The director-general may appoint a public servant as an inspector.
Note 1 For the making of appointments (including acting appointments), see the
Legislation Act, pt 19.3.
Note 2 In particular, an appointment may be made by naming a person or
nominating the occupant of a position (see Legislation Act, s 207).
(2) A police officer is also an inspector.
4 Trespass on Territory land
(1) The Minister may cause to be placed on unleased Territory land or
land occupied by the Territory a notice prohibiting trespass on the
land.
Section 4A
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(2) A person who, without reasonable excuse, trespasses or enters—
(a) unleased Territory land or land occupied by the Territory—
(i) about which any notice is posted on it prohibiting trespass;
or
(ii) that is in the city area and is delineated on any of the
subdivisional plans held by the Territory, and has on it a
dwelling house; or
(b) any garden, plantation or afforestation area on unleased
Territory land or land occupied by the Territory;
commits an offence.
Maximum penalty: 5 penalty units.
4A Animals straying etc on Commonwealth land
(1) The owner of any animal that is found straying, wandering, or at large
on any road or on any unleased land belonging to the Commonwealth
commits an offence.
Maximum penalty: 5 penalty units.
(2) For this section the owner of an animal includes—
(a) any person who has the care, custody or control of the animal;
and
(b) any person on whose premises the animal is kept or agisted.
4B Grazing stock on Commonwealth land in city area
Any person who turns loose, or suffers any animal belonging to him
or her or under his or her charge to be tethered or depastured, on any
road or unleased land belonging to the Commonwealth in the city area
commits an offence.
Maximum penalty: 5 penalty units.
Section 5
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5 Damage to fences
Any person who without lawful excuse (proof of which shall lie on
him or her) damages any fence commits an offence.
Maximum penalty: 10 penalty units.
6 Leaving gates open
A person who, without reasonable excuse, leaves open any gate—
(a) on which the words ‘Shut gate—By order Minister’ or words to
the like effect appear; or
(b) that is adjacent to any unleased land belonging to the
Commonwealth or any road, thereby permitting or causing any
animal to trespass on the land or road;
commits an offence.
Maximum penalty: 5 penalty units.
7 Damaging trees etc
(1) A person shall not, without reasonable excuse, damage or destroy
trees, plant, garden, plantation or afforestation area on unleased
Territory land or land occupied by the Territory.
Maximum penalty: 20 penalty units.
(2) In this section:
protected tree—see the Urban Forest Act 2023, section 9.
tree does not include a protected tree.
Section 8
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8 Persons authorised to prevent trespassing etc
An inspector other than a police officer or any person authorised in
writing by the Minister may, if need be by force and with the
assistance that he or she considers necessary—
(a) prevent any person, animal or vehicle from trespassing or going
on any land, garden, plantation or afforestation area referred to
in section 4 (2) without lawful excuse; and
(b) prevent any person from damaging or destroying any tree, plant,
garden, plantation or afforestation area referred to in section 7;
and
(c) remove any person found so trespassing or going on any such
land.
8C Evidence
(1) A public servant authorised in writing by the Minister may, by
instrument, certify that land described in the instrument or by
reference to a plan on, or annexed to, the instrument—
(a) is unleased Territory land or land occupied by the Territory; and
(b) is within the city area.
(2) In proceedings for an offence against this Act, a document that
purports to be an instrument referred to in subsection (1) shall, unless
the contrary is proved, be taken to be such an instrument and is
evidence of the matters stated in the instrument.
Section 9
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9 Persons reasonably suspected to give name and address
(1) An inspector, or any forest overseer employed by the Territory or any
person authorised in writing by the Minister, may require any person
reasonably suspected of having committed, or of being about to
commit an offence against this Act to give his or her name in full and
place of abode.
(2) Any person who, after being so required and on production of the
necessary authority, fails to give his or her real name or place of
abode, commits an offence.
Maximum penalty: 5 penalty units.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• chief police officer
• Commonwealth
• land
• Minister (see s 162)
• police officer
• territory land.
animal means any horse, mare, gelding, colt, filly, foal, ass, mule,
bull, cow, ox, heifer, steer, calf, ram, ewe, wether, sheep, lamb, goat
or pig.
city area—see the City Area Leases Act 1936 as in force on
1 April 1992.
inspector means an inspector under section 3A.
road means road within the meaning of the Road Transport (Safety
and Traffic Management) Act 1999, section 42 (Regulations about
parking).
road related area means a road related area within the meaning of the
Road Transport (Safety and Traffic Management) Act 1999, section
42.
vehicle—see Road Transport (Vehicle Registration) Act 1999,
dictionary.
Endnotes
1 About the endnotes
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Trespass on
Commonwealth Lands Ordinance 1932 No 20 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
The Ordinance was renamed Trespass on Territory Land Ordinance 1932 by the
Self-Government (Consequential Amendments) Ordinance 1989 No 38 (see sch 1).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21, s
5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their
notification day unless otherwise stated (see Australian Capital Territory (Self-
Government) Act 1988 (Cwlth) s 25).
Legislation before becoming Territory enactment
Trespass on Territory Land Act 1932 Ord 1932–20
notified 10 November 1932
commenced 10 November 1932
as amended by
Trespass on Commonwealth Lands Ordinance 1937 Ord 1937–10
notified 22 July 1937
commenced 22 July 1937
Trespass on Commonwealth Lands Ordinance 1939 Ord 1939–6
notified 10 August 1939
commenced 10 August 1939
Trespass on Commonwealth Lands Ordinance 1940 Ord1940–15
notified 11 July 1940
commenced 11 July 1940
Endnotes
3 Legislation history
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Trespass on Commonwealth Lands Ordinance 1942 Ord 1942–20
notified 10 December 1942
commenced 10 December 1942
Trespass on Commonwealth Lands Ordinance 1943 Ord1943–6
notified 13 May 1943
commenced 27 May 1943
Trespass on Commonwealth Lands Ordinance 1944 Ord 1944–2
notified 3 February 1944
commenced 3 February 1944
Trespass on Commonwealth Lands Ordinance (No 2) 1944
Ord 1944-5
notified 23 March 1944
commenced 3 February 1944 (s 2)
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19
notified 23 December 1966
commenced 23 December 1966
Trespass on Commonwealth Lands Ordinance 1972 Ord 1972–20
notified 20 July 1972
commenced 20 July 1972
Trespass on Commonwealth Lands Ordinance 1973 Ord 1973–8
notified 16 March 1973
commenced 16 March 1973
disallowed by Senate 7 June 1973
Magistrates Court Ordinance 1985 Ord1985-67 sch pt 1
notified 19 December 1985
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Endnotes
Legislation history 3
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Legislation after becoming Territory enactment
Acts Revision (Arrest Without Warrant) Act 1989 A1989-23 s 13
notified 1 December 1989 (Gaz 1989 No S38)
commenced 1 December 1989
Statute Law Revision Act 1994 A1994-26 sch
notified 31 May 1994 (Gaz 1994 No S93)
commenced 31 May 1994 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994-81 sch
notified 29 November 1994 (Gaz 1994 No S253)
s 1, s 2 commenced 29 November 1994 (s 2 (1))
sch commenced 29 November 1994 (s 2 (2) and Gaz 1994 No S269)
Statutory Offices (Miscellaneous Provisions) Act 1994 A1994-97 sch
pt 1
notified 15 December 1994 (Gaz 1994 No S280)
s 1, s 2 commenced 15 December 1994 (s 2 (1))
sch pt 1 commenced 15 December 1994 (s 2 (2) and Gaz 1994
No S293)
Statute Law Revision Act 1995 A1995-46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdts commenced 18 December 1995 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Road Transport Legislation Amendment Act 1999 A1999-79
notified 23 December 1999 (Gaz 1999 No S65)
commenced 1 March 2000 (s 2 and see Gaz 2000 No S5)
Statute Law Amendment Act 2000 A2000-80 sch 3
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2 (1))
Endnotes
3 Legislation history
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Legislation (Consequential Amendments) Act 2001 A2001-44 pt 394
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 394 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.107
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))
sch 3 pt 3.107 commenced 12 April 2007 (s 2 (1))
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.157
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.157 commenced 1 July 2011 (s 2 (1))
Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.11
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
sch 2 pt 2.11 commenced 1 July 2013 (s 2 and CN2013-9)
Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1
pt 1.10
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 January 2024 (s 2 and see Urban Forest
Act 2023 A2023-14, s 2)
Endnotes
Amendment history 4
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4 Amendment history
Title
title am Ord1989-38 sch 1
Name of Act
s 1 am Ord1989-38 sch 1
Dictionary
s 2 om A2001-44 amdt 1.4098
ins A2007-3 amdt 3.529
Notes
s 3 sub Ord1973-8 s 2 (disallowed 7 June 1973)
am A2000-80 amdt 3.27
defs reloc to dict A2007-3 amdt 3.528
sub A2007-3 amdt 3.529
def carriageway ins A1972-20 s 2
om A1999-79 sch 3
def city area am A1940-15 s 2
om A1972-20 s 2
def Commissioner of Police ins A1972-20 s 2
om A1994-26 sch
def Motor Traffic Act ins A1972-20 s 2
am A1994-26 sch
om A2000-80 amdt 3.26
def off-street parking area ins A1972-20 s 2
om A1999-79 sch 3
def Police Act ins A1972-20 s 2
am A1994-26 sch
om A1994-97 sch
def public street ins A1972-20 s 2
om A1999-79 sch 3
Endnotes
4 Amendment history
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Inspectors
s 3A ins Ord1943-6
am A1994-26 sch
sub A1994-97 sch; A2007-3 amdt 3.530
(3)-(5) exp 12 April 2008 (s 3A (5) (LA s 88 declaration
applies))
am A2011-22 amdt 1.445
s 3B ins Ord1943-6
sub Ord1944-2
am Ord1944-5; Ord1966-19
om Ord1989-38 sch 1
s 3C ins Ord1943-6
am Ord1944-2; Ord1966-19
om Ord1989-38 sch 1
Trespass on Territory land
s 4 am Ord1940-15; Ord1966-19; Ord1989-38 s 51, sch 1;
A1994-26 sch; A1994-81 sch; A1995-46 sch
Animals straying etc on Commonwealth lands
s 4A ins Ord1937-10
am Ord1939-6; Ord1966-19; A1994-81 sch; A1995-46 sch
Grazing stock on Commonwealth land in city area
s 4B ins Ord1942-20
am Ord1966-19; A1994-26 sch; A1994-81 sch; A1995-46 sch
Damage to fences
s 5 am Ord1966-19; A1994-81 sch; A1995-46 sch
Leaving gates open
s 6 am Ord1966-19; Ord1989-38 sch 1; A1994-26 sch; A1994-81
sch; A1995-46 sch
Damaging trees etc
s 7 am Ord1940-15; Ord1966-19; Ord1989-38 sch 1;
A1994-26 sch; A1994-81 sch; A2023-52 amdt 1.65
Persons authorised to prevent trespassing etc
s 8 am Ord1940-15; Ord1943-6; A1994-26 sch; A1994-97 sch
Camping etc on Territory land
s 8A ins Ord1972-20
om Ord1973-8 s 3
disallowed 7 June 1973
am Ord1989-38 s 52, sch 1; A1994-26 sch; A1994-81 sch;
A1994-97 sch; A1998-54; A1999-79 s 5 sch 3; A2001-44
amdt 1.4099, amdt 1.4100; A2007-3 amdt 3.531
om A2013-3 amdt 2.33
Endnotes
Amendment history 4
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Permits to occupy unleased land
s 8B ins Ord1972-20
om Ord1973-8 s 3
disallowed 7 June 1973
am Ord1989-38 sch 1; A1994-26 sch
om A2013-3 amdt 2.33
Evidence
s 8C ins Ord1972-20
om Ord1973-8 s 3
disallowed 7 June 1973
am Ord1989-38 sch 1; A1994-26 sch; A2001-44 amdt 1.4101;
A2013-3 amdt 2.34
Persons reasonably suspected to give name and address
s 9 am Ord1943-6; Ord1966-19; Ord1985-67; Ord1989-38 sch 1;
Ord1989–23 s 13; A1994-26 sch; A1994-81 sch;
A1994-97 sch
Schedule
sch om A2001-44 amdt 1.4102
Dictionary
dict ins A2007-3 amdt 3.532
def animal reloc from s 3 A2007-3 amdt 3.528
def city area ins A1994-26 sch
reloc from s 3 A2007-3 amdt 3.528
def inspector ins A1994-97 sch
reloc from s 3 A2007-3 amdt 3.528
def road sub A1999-79 sch 3
reloc from s 3 A2007-3 amdt 3.528
def road related area ins A1999-79 sch 3
reloc from s 3 A2007-3 amdt 3.528
def vehicle ins A1999-79 sch 3
reloc from s 3 A2007-3 amdt 3.528