INTRODUCTION: Normally a property owner will require a visible sign at the entry to
your property along the lines of 'private
property, trespassers will be prosecuted'. This sign will remove the
implied consent that others have to be on the private property. Basically, people
can not be on private property without the owner’s consent, but there is a
notion of implied consent that relates to doorknockers etc. So you need to
revoke the implied consent by way of a sign. That way, if anyone does come on
to your land, then you can, if you wish, call the police and press charges
under s14(b) of the Police Offences Act.
- SEE: POLICE OFFENCES ACT 1935 - SECT 14B – 14B. Unlawful entry on land – http://www.austlii.edu.au/au/legis/tas/consol_act/poa1935140/s14b.html )
The act states:
14B. Unlawful entry on land
(1) A person,
without reasonable or lawful excuse (proof of which lies on the person), must
not enter into, or remain on, any land, building, structure, premises,
aircraft, vehicle or vessel without the consent of the owner, occupier or
person in charge of the land, building, structure, premises, aircraft, vehicle
or vessel.
(2) A person
who is convicted of an offence under this section is liable to a penalty of–
(a) a fine
not exceeding 10 penalty units or imprisonment for a term not exceeding 12
months, in respect of entering or remaining in a dwelling-house; or
(b) 5 penalty
units or imprisonment for a term not exceeding 6 months, in respect of entering
into, or remaining on, any other land, building, structure, premises, aircraft,
vehicle or vessel.
(2A) However,
if the court that convicts a person of an offence under this section is
satisfied that the person –
(a) was in
possession of a firearm during the actual commission of the offence; or
(b) made any
use of an aircraft, vehicle or vessel during the actual commission of the
offence –
the person is
liable to a penalty not exceeding twice that provided for by subsection (2).
and you can
access the full act at: .... Click Here
TELSTRA & NBN http://www.smh.com.au/business/trespass-law-change-for-nbn-rollout-20101007-16a06.html
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