Trespassing on premises occurs when a person enters, remains on, or returns to property without permission in a way that interferes with the occupier’s enjoyment, after being asked to leave by an authorised person. Under Section 17A of the Summary Offences Act 1953 (SA), the offence also includes using offensive language or behaviour while trespassing, or refusing to provide name and address when requested by an authorised person. Penalties vary depending on the type of property and conduct involved.
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Summary offence
Magistrates Court of South Australia
Maximum penalty of $5,000 fine or 6 months imprisonment
Criminal Trespass Key Facts
| Offence |
Trespassers on premises - unlawfully entering, remaining on, or returning to premises in a way that interferes with the occupier’s enjoyment, after being asked to leave by an authorised person; behaving offensively while trespassing; or refusing to give name and address when requested. |
| Maximum Penalty |
Primary production premises: $5,000 fine or 6 months imprisonment. Other premises: $2,500 fine or 6 months imprisonment. Offensive behaviour or refusing to provide details: $1,250 fine. |
| Typical Sentence | Sentences vary depending on the type of property, conduct, and response to the request to leave. Most first-time or low-level trespass cases attract fines or good behaviour bonds. Where there is offensive conduct, repeated trespassing, or interference with farming or business operations, the court may impose short custodial sentences or community-based orders. |
| Which Court? | Tried summarily in the Magistrates Court of South Australia as a summary offence. |
| Process Timeline |
Police attendance → Investigation/interview → Charge → First appearance in the Magistrates Court → Possible guilty plea or summary trial → Sentencing if convicted. (Average timeframe: 3–6 months for standard matters) |
| Possible Defences |
- Consent or implied permission to enter - No interference with the occupier’s enjoyment of the premises - Not properly asked to leave by an authorised person - Mistaken belief of right to be there - Identity or factual dispute - No offensive behaviour or refusal to provide details proved |
| What The Prosecution Must Prove |
To secure a conviction, prosecution must prove beyond reasonable doubt that: (s 17A(1)) - the accused trespassed on premises; the trespass interfered with the occupier’s enjoyment; and, after being asked to leave by an authorised person, failed to do so forthwith or returned within 24 hours. (s 17A(2)) - while trespassing, the accused used offensive language or behaved in an offensive manner. (s 17A(2a)) - while trespassing, the accused was asked by an authorised person for their name and address and refused or failed to provide it. The prosecution must also establish that the person making the request was an “authorised person” in relation to the premises. |
Criminal Trespass Case Scenarios
Below are examples of how criminal trespass may be charged and sentenced in South Australia. These examples are not indicative of a specific outcome and are for informational purposes only.
Low-Level Offence
Mid-Level Offence
High-Level Offence
Low-Level Offence
Scenario:
A man walks his dog through a vacant block of private land, unaware that the area has been recently sold and fenced. The owner asks him to leave, and he immediately complies.
What to expect:
Unlikely to be charged. If charged, it would be treated at the lowest end of seriousness. The Court would probably dismiss the matter under section 16 of the Criminal Law (Sentencing) Act 2017 (SA) or impose a nominal fine with no conviction recorded.
Mid-Level Offence
Scenario:
A customer banned from a shopping centre returns and refuses to leave when directed by security. The person argues and uses offensive language, leading to police intervention.
What to expect:
Charged under section 17A(1) for failing to leave and section 17A(2) for offensive behaviour. The Court may impose a fine between $500 – $1,000 or a short good behaviour bond. A conviction is likely because of the deliberate refusal and verbal abuse.
High-Level Offence
Scenario:
A group of activists enters a working poultry farm without permission to livestream a protest. They shout at staff, scare animals, and refuse repeated requests to leave.
What to expect:
Charged under section 17A(1) and (2) for offensive behaviour on primary production premises. Courts view deliberate interference with farming operations as serious. Penalties may include fines up to $5,000 or imprisonment of up to six months, especially if there is prior offending or damage caused.
Disclaimer: The examples above are provided for informational purposes only and do not guarantee a specific result in your matter. Sentencing decisions can vary significantly depending on individual circumstances, including the severity of the offence, intent, prior criminal history and other legal factors. For case-specific advice, get in touch with one of our expert criminal lawyers.
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Criminal Trespass FAQ’s
If you need more information about criminal trespass in South Australia, these FAQs answer the most common questions.
What counts as trespassing on premises?
Entering or remaining on land, buildings, or structures without consent, or returning after being asked to leave, when it interferes with the occupier’s enjoyment.
What is meant by interfering with enjoyment?
Any act that disturbs, obstructs, or inconveniences the lawful occupier – for example, preventing access, causing disruption, or refusing to leave when asked.
Who is an authorised person?
The occupier, someone acting under their authority, or a person responsible for the control or management of the premises (such as a property manager, school principal, or security officer).
What if I didn’t realise I was trespassing?
An honest and reasonable mistake may provide a defence if you genuinely believed you had permission or a right to be on the premises.
What if I left when asked?
If you leave immediately when asked, you are unlikely to be charged under section 17A(1).
Does the law apply to vehicles or boats?
Yes. “Premises” includes land, buildings, vehicles, ships, and aircraft.
What if I swore or yelled but then left?
Using offensive language or behaving offensively while trespassing can itself be an offence under section 17A(2), even if you eventually leave.
Do police need to prove I knew the person asking me to leave was authorised?
Not necessarily – the law presumes a person named as an authorised person in a complaint is such unless proven otherwise.
Is it an offence not to give my name and address?
Yes. Under section 17A(2a), failing to provide your name and address when requested by an authorised person while trespassing is an offence.
What are the penalties for repeat offenders?
Repeat trespassers or those who cause deliberate interference may receive higher fines or short custodial sentences, particularly for incidents on farms or business premises.
Can I be charged if I was protesting peacefully?
Yes, if you were on private or restricted premises without consent and refused to leave when directed. Freedom of expression does not override property rights.
What should I do if I’m charged with trespass?
Seek legal advice immediately. A lawyer can assess the circumstances, check whether the occupier was authorised, and explore possible defences or negotiation options.
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