Australian Capital Territory

TRESPASS ON TERRITORY LAND act 
1932
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 21 December 2000
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Repeal
	3.	Interpretation
	3A.	Inspectors
	4.	Trespass on Territory Land
	4A.	Animals straying etc on Commonwealth Lands
	4B.	Grazing stock on Commonwealth Land in City Area
	5.	Damage to fences
	6.	Leaving gates open
	7.	Damaging trees etc
	8.	Persons authorised to prevent trespassing etc
	8A.	Camping etc on Territory Land
	8B.	Permits to occupy unleased land
	8C.	Evidence
	9.	Persons reasonably suspected to give name and address
SCHEDULE
repealed ordinances

Australian Capital Territory

TRESPASS ON TERRITORY LAND act 1932
An Act relating to trespass on Territory land
1 	Short title
	This Act may be cited as the Trespass on Territory Land Act 1932.1
2 	Repeal
	The ordinances set out in the Schedule are repealed.
3 	Interpretation
	In this Act, unless the contrary intention appears—
“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” has the same meaning as in 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 section 42 (Regulations about parking) of the Road Transport (Safety and Traffic Management) Act 1999.
road related area means a road related area within the meaning of section 42 of the Road Transport (Safety and Traffic Management) Act 1999. 
vehicle—see Road Transport (Vehicle Registration) Act 1999, dictionary. 
3A 	Inspectors
(1)		There shall be 1 or more inspectors for the purposes of this Act.
(2)		The chief executive shall create and maintain 1 or more offices in the government service the duties of which include performing the functions of an inspector.
(3)		The following persons shall be inspectors:
	(a)	any public servant for the time being performing the duties of a government service office referred to in subsection (2);
	(b)	any police officer.
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 such land.
(2)		A person who, without reasonable excuse, trespasses or enters —
	(a)	unleased Territory Land or land occupied by the Territory—
	(i)	as to which any notice is posted thereon prohibiting trespass; or
	(ii)	which is in the City Area and is delineated on any of the subdivisional plans held by the Territory, and has thereon a dwelling house; or
	(b)	any garden, plantation or afforestation area on unleased Territory Land or land occupied by the Territory;
is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
4A 	Animals straying etc on Commonwealth Lands
(1)		The owner of any animal which is found straying, wandering, or at large on any road or on any unleased land belonging to the Commonwealth is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
(2)		For the purposes of 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 is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
5 	Damage to fences
	Any person who without lawful excuse (proof whereof shall lie upon him or her) damages any fence is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.
6 	Leaving gates open
	A person who, without reasonable excuse, leaves open any gate—
	(a)	upon which the words ‘Shut gate—By order Minister’ or words to the like effect appear; or
	(b)	which is adjacent to any unleased land belonging to the Commonwealth or any road, thereby permitting or causing any animal to trespass on such land or road;
is guilty of an offence punishable, on conviction, by a fine not exceeding 5 penalty units.
7 	Damaging trees etc
	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.
Penalty:  20 penalty units.
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 such assistance as he or she deems necessary—
	(a)	prevent any person, animal or vehicle from trespassing or going upon any land, garden, plantation or afforestation area referred to in subsection 4 (2) without lawful excuse;
	(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 upon any such land.
8A 	Camping etc on Territory Land
(1)		In this section—
“immobilised vehicle” means a vehicle that has been rendered incapable, whether or not by the removal of parts, of being moved as a vehicle;
“structure” includes a tent, booth, stall and an immobilised vehicle;
“unleased land” means—
	(a)	unleased Territory Land; or
	(b)	land occupied by the Territory.
(2)		A person shall not—
	(a)	camp, whether under cover or in the open, on unleased land;
	(b)	erect a structure on unleased land; or
	(c)	occupy or be in a structure on unleased land, not being a structure that belongs to the Territory and is for the time being open to the public;
unless—
	(d)	that land is land specified in a permit issued under section 8B, the person is the person to whom the permit has been granted or is a person to whom the permit is expressed to apply and the permit is in force; or
	(e)	that person camps, erects a structure, or occupies or is in a structure, on that land in the performance of his or her duties as a public servant or an officer or employee of a Territory authority or in the discharge of an obligation on his or her part, or on the part of his or her employer, to the Territory or that authority.
Penalty:  5 penalty units.
(3)		A person shall not park or leave a vehicle on unleased land that is within an area of unleased land that is specified by the Minister, by notice in the Gazette, to be an area of unleased land to which this subsection applies unless—
	(a)	that land is specified in a permit issued under section 8B, the person is the person to whom the permit has been issued or a person to whom the permit is expressed to apply and the permit is in force;
	(b)	that person parks or leaves the vehicle on a road or road related area, and the parking or leaving does not constitute an offence against any other law in force in the Territory;
	(c)	that person parks or leaves the vehicle on that land in the performance of his or her duties as a public servant or an officer or employee of a Territory authority or in the discharge of an obligation on his or her part, or on the part of his or her employer, to the Territory or that authority; or
	(d)	the parking or the leaving of the vehicle on that land could not have been avoided by any reasonable efforts on the part of that person.
Penalty:  5 penalty units.
(5)		Where an inspector has requested a person who is in occupation of, or has apparent control of—
	(a)	a structure that is on unleased land; or
	(b)	a vehicle that is on unleased land that is within an area of unleased land to which subsection (3) applies;
to remove the structure and all articles in, about, attached to, or apparently being used in connection with, the structure, or to remove the vehicle, to a place that is not unleased land and—
	(c)	immediate steps are not taken to comply with the request; or
	(d)	the structure and the articles or the vehicle, as the case requires, are not removed within a reasonable time after the making of the request;
an inspector may remove the structure and all articles in, about, attached to, or apparently being used in connection with, the structure, or the vehicle, as the case requires.
(6)		Where—
	(a)	a structure is on unleased land and, for a period of not less than 2 hours—
	(i)	the structure has remained unoccupied; and
	(ii)	there has been no person in apparent control of the structure; or
	(b)	a vehicle is on unleased land that is within an area of unleased land to which subsection (3) applies and, for a period of not less than 2 hours, there has been no person in apparent control of the vehicle;
an inspector may remove the structure and all articles in, about, attached to, or apparently being used in connection with, the structure, or the vehicle, as the case requires.
(7)		A structure, article or vehicle removed by an inspector under subsection (5) or (6) shall be retained in such custody as the commissioner of police directs.
(8)		Where a structure, article or vehicle is retained in accordance with subsection (7), a person who, but for that subsection, would be entitled to the custody of the structure, article or vehicle may request the commissioner of police to deliver up that article to him or her, and, subject to subsection (9), the commissioner of police shall, as soon as practicable, comply with that request.
(9)		Where a request is made under subsection (8) for the delivery to a person of an article retained under subsection (7) and that article is required by the prosecution to be tendered in evidence in proceedings for an offence against this section, the commissioner of police shall give to the person making the request notice in writing to that effect specifying the proceedings in relation to which the article is so required, and may retain that article until the conclusion of the proceedings specified in the notice.
8B 	Permits to occupy unleased land
(1)		A public servant authorised in writing by the Minister may, on an application by a person who wishes to conduct a festival, show, fair, circus or carnival, grant to that person a permit to occupy for that purpose a specified  area of unleased Territory Land or land occupied by the Territory that is in the City Area, and the permit applies to that person and to all other persons to whom the permit is expressed to apply.
(2)		A permit shall be in force for such period, and subject to such conditions, as are specified in the permit.
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;
	(b)	is within the City Area; and
	(c)	is not within an area for the time being declared by the Minister, by notice published in the Gazette, to be a camping area for the purposes of this Act.
(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 deemed to be such an instrument and is evidence of the matters stated in the instrument.
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, refuses or fails to give his or her real name or place of abode, shall be guilty of an offence.
Penalty:  5 penalty units.
______________

	SCHEDULE	Section 2
Trespass on Commonwealth Lands Ordinance 1922 (No. 1 of 1922)
Trespass on Commonwealth Lands Ordinance 1923 (No. 2 of 1923)
Trespass on Commonwealth Lands Ordinance 1923 (No. 2) (No. 9 of 1923)
Trespass on Commonwealth Lands Ordinance 1924 (No. 2 of 1924)
Trespass on Commonwealth Lands Ordinance 1925 (No. 7 of 1925)
Trespass on Commonwealth Lands Ordinance 1926 (No. 20 of 1926)
Trespass on Commonwealth Lands Ordinance 1927 (No. 18 of 1927)
Trespass on Commonwealth Lands Ordinance 1928 (No. 3 of 1928)

NOTES
1.	The Trespass on Territory Land  Act 1932  in this reprint is No. 20, 1932 amended as indicated in the Tables below.
2.	The Legislation (Republication) Act 1996 authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  The amendments do not change the law.  Amendments made under the Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Trespass on Commonwealth Lands Ordinance 1932	20, 1932	10 Nov 1932	10 Nov 1932		
Trespass on Commonwealth Lands Ordinance 1937	10, 1937	22 July 1937	22 July 1937	—	
Trespass on Commonwealth Lands Ordinance 1939	6, 1939	10 Aug 1939	10 Aug 1939	—	
Trespass on Commonwealth Lands Ordinance 1940	15, 1940	11 July 1940	11 July 1940	—	
Trespass on Commonwealth Lands Ordinance 1942	20, 1942	10 Dec 1942	10 Dec 1942	—	
Trespass on Commonwealth Lands Ordinance 1943	6, 1943	13 May 1943	27 May 1944	—	
Trespass on Commonwealth Lands Ordinance 1944	2, 1944	3 Feb 1944	3 Feb 1944	—	
Trespass on Commonwealth Lands Ordinance (No. 2)  1944	5, 1944	23 Mar 1944	3 Feb 1944 (see s. 2)	—	
Ordinances Revision (Decimal Currency) Ordinance 1966	19, 1966	23 Dec 1966	23 Dec 1966	—	
Trespass on Commonwealth Lands Ordinance 1972	20, 1972	20 July 1972	20 July 1972	—	
Trespass on Commonwealth Lands Ordinance 1973 (a)	8, 1973	15 Mar 1973	15 Mar 1973	—	
Magistrates court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)
	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Acts Revision (Arrest Without Warrant) Act 1989	23, 1989	28 Nov 1989	28 Nov 1989	—	
Statute Law Revision Act 1994	26, 1994	31 May 1994	31 May 1994	—	
Statute Law Revision  (Penalties) Act 1994	81, 1994	29 Nov 1994	Ss. 1 and 2:  29 Nov 1994 
Remainder:  29 Nov 1994 (see Gazette 1994, No. S269, p. 2)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III
(ss. 4-9)	
(Reprinted as at 28 February 1995)	
Statute Law Revision Act 1995	46, 1995	18 Dec 1995	18 Dec 1995	—	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Road Transport Legislation Amendment Act 1999	1999 No 79	23 Dec 1999	1 Mar 2000 (see 
s 2 and Gaz 2000 No S5)	—	
Statute Law Amendment Act 2000	2000 No 80	21 Dec 2000	21 Dec 2000	—

(a)	The Trespass on Commonwealth Lands Ordinance 1973  was disallowed by the Senate on 7 June 1973 and the amendments are not incorporated in this reprint.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

Title	am. No. 38, 1989
S. 1	am. No. 38, 1989
S. 3	am. No. 15, 1940; No. 20, 1972; No. 38, 1989; Acts Nos. 26 and 97, 1994; 1999 No 79 s 5 sch 3; 2000 No 80 amdt 3.26, amdt 3.27
S. 3A	ad. No. 6, 1943
	am. Act No. 26, 1994
	rs. No. 97, 1994
S. 3B	ad. No. 6, 1943
	rs. No. 2, 1944
	am. No. 5, 1944; No. 19, 1966
	rep. No. 38, 1989
S. 3C	ad. No. 6, 1943
	am. No. 2, 1944; No. 19, 1966
	rep. No. 38, 1989
S. 4	am. No. 15, 1940; No. 19, 1966; No. 38, 1989; Acts Nos. 26 and 81, 1994; No. 46, 1995
S. 4A	ad. No. 10, 1937
	am. No. 6, 1939; No. 19, 1966; Act No. 81, 1994; No. 46, 1995
S. 4B	ad. No. 20, 1942
	am. No. 19, 1966; Acts Nos. 26 and 81, 1994; No. 46, 1995
S. 5	am. No. 19, 1966; Act No. 81, 1994; No. 46, 1995
S. 6	am. No. 19, 1966; No. 38, 1989; Acts Nos. 26 and 81, 1994; No. 46, 1995
S. 7	am. No. 15, 1940; No. 19, 1966; No. 38, 1989; Acts Nos. 26 and 81, 1994
S. 8	am. No. 15, 1940; No. 6, 1943; Acts Nos. 26 and 97, 1994
S. 8A	ad. No. 20, 1972
	am. No. 38, 1989; Acts Nos. 26, 81 and 97, 1994; No. 54, 1998; 
1999 No 79 s 5 sch 3
Ss. 8B, 8C	ad. No. 20, 1972
	am. No. 38, 1989; Act No. 26, 1994
S. 9	am. No. 6, 1943; No. 19, 1966; No. 67, 1985; No. 38, 1989; Act No. 23, 1989; Nos. 26, 81 and 97, 1994