Criminal Legislations

Section 9A Inclosed Lands Protection Act | Refusing to Furnish Particulars


Section 9A of the Inclosed Lands Protection Act 1901 (NSW) is Refusing to Furnish Particulars and is extracted below.

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The Legislation

9A Particulars to be furnished

(1) If a defendant charged with an offence under this Act:
(a) has requested the informant to furnish to the defendant reasonable particulars of the behaviour or conduct the subject of the charge, and
(b) the informant, or some person on his or her behalf, has not so furnished those particulars,
the court before which the defendant is charged is to adjourn the charge pending the furnishing of those particulars or may dismiss the charge.

(2) If, at the hearing of a charge for an offence referred to in subsection (1):
(a) the evidence discloses behaviour or conduct that constitutes such an offence, and
(b) that behaviour or conduct is different from the behaviour or conduct of which particulars have been given to the defendant under subsection (1),
the court may, on the application of the defendant and if it is of the opinion that the defendant was deceived by those particulars, adjourn the hearing on such terms as it thinks fit.

Section 7 Inclosed Lands Protection Act | Owner May Destroy Goats


Section 7 of the Inclosed Lands Protection Act 1901 (NSW) is Owner May Destroy Goats and is extracted below.

Call Sydney Criminal Lawyers today on (02) 9261 8881 for accurate advice about all ‘trespass’ charges.

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The Legislation

7 Owner may destroy goats

(1) Any owner, occupier, or person in charge of inclosed land may destroy any goat found trespassing thereon.

(2) Subsection (1) does not authorise the destruction of any goat that:
(a) is legibly branded, or
(b) has around its neck a collar with the name and address of its owner legibly engraved on it, or
(c) has an ear mark, or
(d) is wearing an ear tag.

“Inclosed lands” is defined as:

(a) prescribed premises, or
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

“prescribed premises” means land occupied or used in connection with any of the following:

(a) a government school or a registered non-government school within the meaning of the Education Reform Act 1990,
(b) a child care service,
(c) a hospital,
(d) a nursing home within the meaning of the Public Health Act 2010, and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.“Road” means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.

Section 6 Inclosed Lands Act | Refusing to Give Name and Address


Section 6 of the Inclosed Lands Protection Act 1901 (NSW) is Refusing to Give Name and Address and is extracted below.

Call Sydney Criminal Lawyers today on (02) 9261 8881 for accurate advice about all ‘trespass’ charges.

Free first appointment. All Courts.

The Legislation

6 Offender may be apprehended

(1) Any person found committing any offence against this Act, and who refuses, when required to do so, to give his or her name and place of abode, may be apprehended by the owner, occupier, or person in charge of the inclosed lands upon or in relation to which the offence was committed, and delivered to the custody of the nearest constable to be taken before a Magistrate or an authorised officer within the meaning of the Criminal Procedure Act 1986 to be dealt with according to law.

(2) Any person who, upon being so required to give his or her name and place of abode, gives any false name or place of abode, shall be liable to a penalty not exceeding 0.5 penalty unit.

“Inclosed lands” is defined as:

(a) prescribed premises, or
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

“prescribed premises” means land occupied or used in connection with any of the following:

(a) a government school or a registered non-government school within the meaning of the Education Reform Act 1990,
(b) a child care service,
(c) a hospital,
(d) a nursing home within the meaning of the Public Health Act 2010,

and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.“Road” means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.

Section 5 Inclosed Lands Protection Act | Leaving Gate Open on Inclosed Lands


Section 5 of the Inclosed Lands Protection Act 1901 (NSW) is Leaving Gate Open on Inclosed Lands and is extracted below.

Call Sydney Criminal Lawyers today on (02) 9261 8881 for accurate advice about all ‘trespass’ charges.

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The Legislation

5 Penalty on leaving gate open

(1) Any person who enters into or upon the inclosed lands of any other person, and wilfully or negligently leaves open or down any gate or slip-panel, shall be liable to a penalty not exceeding 2 penalty units.

(2) Any person who enters into or upon any road lawfully inclosed with the lands of any other person through any gate (not being a public gate within the meaning of the Roads Act 1993), or slip panel, and wilfully or negligently leaves open or down such gate or slip-panel, shall be liable to a penalty not exceeding 2 penalty units.

“Inclosed lands” is defined as:

(a) prescribed premises, or
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

“prescribed premises” means land occupied or used in connection with any of the following:

(a) a government school or a registered non-government school within the meaning of the Education Reform Act 1990,
(b) a child care service,
(c) a hospital,
(d) a nursing home within the meaning of the Public Health Act 2010,

and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.“Road” means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.

Section 4A Inclosed Lands Protection Act | Offensive Conduct on Inclosed Lands


Section 4A of the Inclosed Lands Protection Act 1901 (NSW) is Offensive Conduct on Inclosed Lands and is extracted below.

Call Sydney Criminal Lawyers today on (02) 9261 8881 for accurate advice about all ‘trespass’ charges.

Free first appointment. All Courts.

The Legislation

4A Offensive conduct while on inclosed lands

(1) Any person, who remains upon the inclosed lands of another person after being requested by the owner or occupier or the person apparently in charge of those lands to leave those lands and while remaining upon those lands conducts himself or herself in such a manner as would be regarded by reasonable persons as being, in all the circumstances, offensive, is liable to a penalty not exceeding:
(a) 20 penalty units in the case of prescribed premises, or
(b) 10 penalty units in any other case.

(2) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

“Inclosed lands” is defined as:

(a) prescribed premises, or
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

“prescribed premises” means land occupied or used in connection with any of the following:

(a) a government school or a registered non-government school within the meaning of the Education Reform Act 1990,
(b) a child care service,
(c) a hospital,
(d) a nursing home within the meaning of the Public Health Act 2010,

and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.“Road” means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.

Section 4 Inclosed Lands Protection Act | Unlawful Entry on Inclosed Lands


Section 4 of the Inclosed Lands Protection Act 1901 (NSW) is Unlawful Entry on Inclosed Lands and is extracted below.

Call Sydney Criminal Lawyers today on (02) 9261 8881 for accurate advice about all ‘trespass’ charges.

Free first appointment. All Courts.

The Legislation

4 Unlawful entry on inclosed lands

(1) Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands, is liable to a penalty not exceeding:
(a) 10 penalty units in the case of prescribed premises, or
(b) 5 penalty units in any other case.

(1A) A drover or person in charge of stock being driven on a road lawfully inclosed within the lands of any person has a lawful excuse for entering those lands for the purpose of preventing the stock from straying, or regaining control of stock that have strayed, from that road.

(2) Where a road is lawfully inclosed with the lands of any person, and such road is not clearly defined but there is a reasonably defined track commonly used by persons passing through such lands, the centre of such track shall, for the purposes of this Act, be deemed to be the centre of the road.

(3) Where a road is lawfully inclosed with the lands of any person and such road is not clearly defined and there is no reasonably defined track through such lands a person passing through such inclosed lands shall not be guilty of an offence unless it is shown that the route taken by such person in so passing was, having regard to the circumstances, unreasonable.

(4) In this section, “stock” includes horses, cattle, sheep, goats, pigs and camels.

“Inclosed lands” is defined as:

(a) prescribed premises, or
(b) any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure.

“prescribed premises” means land occupied or used in connection with any of the following:

(a) a government school or a registered non-government school within the meaning of the Education Reform Act 1990,
(b) a child care service,
(c) a hospital,
(d) a nursing home within the meaning of the Public Health Act 2010,

and any building or structure erected on that land, but does not include all or part of any building or structure that is for the time being occupied or used for a purpose unconnected with the conduct of such a school, child care service, hospital or nursing home.“Road” means any land proclaimed, dedicated, resumed or otherwise provided as a public thoroughfare or way or any land defined, reserved or left as a road in any subdivision of lands.

(2) Where a road is lawfully inclosed with the lands of any person, those lands, but not the road, shall be deemed for the purposes of this Act to be the inclosed lands of the person.

Section 6 of the Act allows an owner or occupier to perform a ‘citizen’s arrest’ on any person committing an offence under the section who refuses to give his or her name and address.

Section 10 of the Act allows a police officer to issue a penalty notice (fine) rather than a court attendance notice requiring the person to attend court.