Australian Capital Territory
Trespass on Territory Land Act 1932     No 20
Republication No 4
Republication date: 28 August 2002
Last amendment made by Act 2001 No 44
Amendments incorporated to 12 September 2001

Unauthorised version prepared by ACT Parliamentary Counsel's Office
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 28 August 2002.  It also includes any amendment, repeal or expiry affecting the republished law to 12 September 2001.  
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.  
When preparing the authorised version of this republication amendments were made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.
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 Legislation Act 2001, section 95.
Penalties
The value of a penalty unit for an offence against this republished law at the republication date is—
	(a)	if the person charged is an individual—$100; or
	(b)	if the person charged is a corporation—$500.

Amendments incorporated to
12 September 2001

Australian Capital Territory
Trespass on Territory Land Act 1932

Contents
	Page

	1	Name of Act	2
	3	Definitions for Act	2
	3A	Inspectors	2
	4	Trespass on Territory land	3
	4A	Animals straying etc on Commonwealth land	3
	4B	Grazing stock on Commonwealth land in city area	4
	5	Damage to fences	4
	6	Leaving gates open	4
	7	Damaging trees etc	4
	8	Persons authorised to prevent trespassing etc	4
	8A	Camping etc on Territory land	5
	8B	Permits to occupy unleased land	8
	8C	Evidence	8
	9	Persons reasonably suspected to give name and address	9
Endnotes
	1	About the endnotes	10
	2	Abbreviation key	10
	3	Legislation history	11
	4	Amendment history	14
	5	Earlier republications	16

Amendments incorporated to
12 September 2001

Australian Capital Territory
Trespass on Territory Land Act 1932

An Act relating to trespass on Territory land

    

1	Name of Act
This Act is the Trespass on Territory Land Act 1932.
3	Definitions for Act
In this Act:
Note	A definition applies except so far as the contrary intention appears (see Legislation Act 2001, s 155).
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. 
3A	Inspectors
	(1)	There shall be 1 or more inspectors for this Act.
	(2)	The chief executive shall create and maintain 1 or more offices in the public service the duties of which include exercising 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 public 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 the land.
	(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.
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
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.
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.
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; or
	(b)	erect a structure on unleased land; or
	(c)	occupy or be in a structure on unleased land, other than 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.
Maximum 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 declared, in writing, by the Minister 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; or
	(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 ACT; or
	(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.
Maximum penalty:  5 penalty units.
	(5)	If 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 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.
	(6)	If—
	(a)	a structure is on unleased land and, for 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 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.
	(7)	A structure, article or vehicle removed by an inspector under subsection (5) or (6) shall be kept in the custody that the commissioner of police directs.
	(8)	If a structure, article or vehicle is kept in accordance with subsection (7), a person who, apart from that subsection, would be entitled to the custody of the structure, article or vehicle may request the commissioner of police to give 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)	If a request is made under subsection (8) for the giving to a person of an article kept 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 written notice to that effect specifying the proceedings in relation to which the article is so required, and may keep that article until the conclusion of the proceedings specified in the notice.
	(10)	A declaration under subsection (3) is a notifiable instrument.
Note 	A notifiable instrument must be notified under the Legislation Act 2001.
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 the period, and subject to the conditions, 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; and
	(b)	is within the city area; and
	(c)	is not within an area to which a declaration in force under section 8A (3) applies.
	(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.
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.

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 and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
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.
If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.
2	Abbreviation key

am = amended	ord = ordinance	
amdt = amendment	orig = original	
ch = chapter	p = page	
cl = clause	par = paragraph	
def = definition	pres = present	
dict = dictionary	prev = previous	
disallowed = disallowed by the Legislative 	(prev...) = previously	
Assembly	prov = provision	
div = division	pt = part	
exp = expires/expired	r = rule/subrule	
Gaz = Gazette	reg = regulation/subregulation	
hdg = heading	renum = renumbered	
IA = Interpretation Act 1967	reloc = relocated	
ins = inserted/added	R[X] = Republication No	
LA = Legislation Act 2001	s = section/subsection	
LR = legislation register	sch = schedule	
LRA = Legislation (Republication) Act 1996	sdiv = subdivision	
mod = modified / modification	sub = substituted	
No = number	SL  = Subordinate Law	
num = numbered	underlining = whole or part not commenced	
o = order	or to be expired	
om = omitted/repealed		
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 No 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 No 20
notified 10 November 1932
commenced 10 November 1932
as amended by
Trespass on Commonwealth Lands Ordinance 1937 No 10
notified 22 July 1937
commenced 22 July 1937
Trespass on Commonwealth Lands Ordinance 1939 No 6
notified 10 August 1939
commenced 10 August 1939
Trespass on Commonwealth Lands Ordinance 1940 No 15
notified 11 July 1940
commenced 11 July 1940
Trespass on Commonwealth Lands Ordinance 1942 No 20
notified 10 December 1942
commenced 10 December 1942
Trespass on Commonwealth Lands Ordinance 1943 No 6
notified 13 May 1943
commenced 27 May 1944
Trespass on Commonwealth Lands Ordinance 1944 No 2
notified 3 February 1944
commenced 3 February 1944
Trespass on Commonwealth Lands Ordinance (No 2) 1944 No 5
notified 23 March 1944
commenced 3 February 1944 (s 2)
Ordinances Revision (Decimal Currency) Ordinance 1966 No 19
notified 23 December 1966
commenced 23 December 1966
Trespass on Commonwealth Lands Ordinance 1972 No 20
notified 20 July 1972
commenced 20 July 1972
Trespass on Commonwealth Lands Ordinance 1973 No 8
notified 15 March 1973
commenced 15 March 1973
disallowed by Senate 7 June 1973
Magistrates Court Ordinance 1985 No 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 No 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)
	Legislation after becoming Territory enactment

Acts Revision (Arrest Without Warrant) Act 1989 No 23 s 13
notified 1 December 1989 (Gaz 1989 No S38)
commenced 1 December 1989
Statute Law Revision Act 1994 No 26 sch
notified 31 May 1994 (Gaz 1994 No S93)
commenced 31 May 1994 (s 2)
Statute Law Revision (Penalties) Act 1994 No 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 No 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 No 46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdts commenced 18 December 1995 (s 2)
Statute Law Revision (Penalties) Act 1998 No 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 No 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 No 80 sch 3
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2 (1))
Legislation (Consequential Amendments) Act 2001 No 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 Gaz 2001 No S65)

4	Amendment history
Title
title	am 1989 No 38 sch 1
Name of Act
s 1	am 1989 No 38 sch 1
Repeals
s 2	om 2001 No 44 amdt 1.4098
Definitions for Act
s 3	am 1940 No 15; 1972 No 20
	sub 1973 No 8 s 2
	disallowed 7 June 1973
	am 1989 No 38; 1994 No 26 sch; 1994 No 97 sch; 1999 No 79 s 5 sch 3; 2000 No 80 amdt 3.26, amdt 3.27
Inspectors
s 3A	ins 1943 No 6 
	am 1994 No 26 sch
	sub 1994 No 97 sch

s 3B	ins 1943 No 6
	sub 1944 No 2
	am 1944 No 5; 1966 No 19
	om 1989 No 38 sch 1

s 3C	ins 1943 No 6
	am 1944 No 2; 1966 No 19
	om 1989 No 38 sch 1
Trespass on Territory land 
s 4	am 1940 No 15; 1966 No 19; 1989 No 38 s 51, sch 1; 1994 No 26 sch; 1994 No 81 sch; 1995 No 46 sch
Animals straying etc on Commonwealth lands 
s 4A	ins 1937 No 10
	am 1939 No 6; 1966 No 19; 1994 No 81 sch; 1995 No 46 sch
Grazing stock on Commonwealth land in city area 
s 4B	ins 1942 No 20
	am 1966 No 19; 1994 No 26 sch; 1994 No 81 sch; 1995 No 46 sch
Damage to fences 
s 5	am 1966 No 19; 1994 No 81 sch; 1995 No 46 sch
Leaving gates open 
s 6	am 1966 No 19; 1989 No 38 sch 1; 1994 No 26 sch; 1994 No 81 sch; 1995 No 46 sch
Damaging trees etc 
s 7	am 1940 No 15; 1966 No 19; 1989 No 38 sch 1; 1994 No 26 sch; 1994 No 81 sch
Persons authorised to prevent trespassing etc 
s 8	am 1940 No 15; 1943 No 6; 1994 No 26 sch; 1994 No 97 sch
Camping etc on Territory land 
s 8A	ins 1972 No 20
	om 1973 No 8 s 3
	disallowed 7 June 1973
	am 1989 No 38 s 52, sch 1; 1994 No 26 sch; 1994 No 81 sch; 1994 No 97 sch; 1998 No 54; 1999 No 79 s 5 sch 3; 2001 No 44 amdt 1.4099, amdt 1.4100
Permits to occupy unleased land 
s 8B	ins 1972 No 20
	om 1973 No 8 s 3
	disallowed 7 June 1973
	am 1989 No 38 sch 1; 1994 No 26 sch
Evidence 
s 8C	ins 1972 No 20
	om 1973 No 8 s 3
	disallowed 7 June 1973
	am 1989 No 38 sch 1; 1994 No 26 sch; 2001 No 44 amdt 1.4101
Persons reasonably suspected to give name and address 
s 9	am 1943 No 6; 1966 No 19; 1985 No 67; 1989 No 38 sch 1; 1989 No 23 s 13; 1994 No 26 sch; 1994 No 81 sch; 1994 No 97 sch
Schedule
sch	om 2001 No 44 amdt 1.4102
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical. 

Republication No	Amendments to	Republication date	
1	Act 1989 No 23	31 August 1993	
2	Act 1994 No 97	28 February 1995	
3	Act 1998 No 54	31 March 1999	

Unauthorised version prepared by ACT Parliamentary Counsel's Office

©  Australian Capital Territory 2002