Trespass on Territory Land Act 1932 (ACT)
Trespass on Territory Land Act 1932
A1932-20
Republication No 9
Effective: 1 January 2024
Republication date: 1 January 2024
Last amendment made by A2023‑52
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 1 January 2024. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 January 2024.
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 type="disc">
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.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Trespass on Territory Land Act 1932
Contents
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
3A Inspectors 2
4 Trespass on Territory land 2
4A Animals straying etc on Commonwealth land 3
4B Grazing stock on Commonwealth land in city area 3
5 Damage to fences 4
6 Leaving gates open 4
7 Damaging trees etc 4
8 Persons authorised to prevent trespassing etc 5
8C Evidence 5
9 Persons reasonably suspected to give name and address 6
Dictionary7
Endnotes
1 About the endnotes 8
2 Abbreviation key 8
3 Legislation history 9
4 Amendment history 13
5 Earlier republications 16
Trespass on Territory Land Act 1932
An Act relating to trespass on Territory land
Name of Act
This Act is the Trespass on Territory Land Act 1932.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘vehicle—see the Road Transport (Vehicle Registration) Act 1999, dictionary.’ means that the term ‘vehicle’ is defined in that dictionary and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
3AInspectors
(1)The director‑general may appoint a public servant as an inspector.
Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.
Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).
(2)A police officer is also an inspector.
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.
4AAnimals 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.
4BGrazing 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.
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.
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.
Damaging trees etc
(1)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.
(2)In this section:
protected tree—see the Urban Forest Act 2023, section 9.
tree does not include a protected tree.
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.
8CEvidence
(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.
(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.
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.
Dictionary
(see s 2)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:
· chief police officer
· Commonwealth
· land
· Minister (see s 162)
· police officer
· territory land.
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.
Endnotes
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 are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
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.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
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 A1989‑21, 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 Ord 1932–20
notified 10 November 1932
commenced 10 November 1932
as amended by
Trespass on Commonwealth Lands Ordinance 1937 Ord 1937–10
notified 22 July 1937
commenced 22 July 1937
Trespass on Commonwealth Lands Ordinance 1939 Ord 1939–6
notified 10 August 1939
commenced 10 August 1939
Trespass on Commonwealth Lands Ordinance 1940 Ord1940–15
notified 11 July 1940
commenced 11 July 1940
Trespass on Commonwealth Lands Ordinance 1942 Ord 1942–20
notified 10 December 1942
commenced 10 December 1942Trespass on Commonwealth Lands Ordinance 1943 Ord1943–6
notified 13 May 1943
commenced 27 May 1943
Trespass on Commonwealth Lands Ordinance 1944 Ord 1944–2
notified 3 February 1944
commenced 3 February 1944
Trespass on Commonwealth Lands Ordinance (No 2) 1944 Ord 1944‑5
notified 23 March 1944
commenced 3 February 1944 (s 2)
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966‑19
notified 23 December 1966
commenced 23 December 1966
Trespass on Commonwealth Lands Ordinance 1972 Ord 1972–20
notified 20 July 1972
commenced 20 July 1972
Trespass on Commonwealth Lands Ordinance 1973 Ord 1973–8
notified 15 March 1973
commenced 15 March 1973disallowed by Senate 7 June 1973
Magistrates Court Ordinance 1985 Ord1985‑67 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 Ord1989‑38 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 A1989‑23 s 13
notified 1 December 1989 (Gaz 1989 No S38)
commenced 1 December 1989Statute Law Revision Act 1994 A1994‑26 sch
notified 31 May 1994 (Gaz 1994 No S93)
commenced 31 May 1994 (s 2)
Statute Law Revision (Penalties) Act 1994 A1994‑81 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 A1994‑97 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 A1995‑46 sch
notified 18 December 1995 (Gaz 1995 No S306)
amdts commenced 18 December 1995 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998‑54 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 A1999‑79
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 A2000‑80 sch 3
notified 21 December 2000 (Gaz 2000 No S69)
commenced 21 December 2000 (s 2 (1))
Legislation (Consequential Amendments) Act 2001 A2001‑44 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 see Gaz 2001 No S65)
Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.107
notified LR 22 March 2007
s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2))sch 3 pt 3.107 commenced 12 April 2007 (s 2 (1))
Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.157
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.157 commenced 1 July 2011 (s 2 (1))
Public Unleased Land Act 2013 A2013-3 sch 2 pt 2.11
notified LR 21 February 2013
s 1, s 2 commenced 21 February 2013 (LA s 75 (1))sch 2 pt 2.11 commenced 1 July 2013 (s 2 and CN2013-9)
Urban Forest (Consequential Amendments) Act 2023 A2023-52 sch 1 pt 1.10
notified LR 11 December 2023
s 1, s 2 commenced 11 December 2023 (LA s 75 (1))
sch 1 pt 1.10 commenced 1 January 2024 (s 2 and see Urban Forest Act 2023 A2023-14, s 2)
Amendment history
Title
titleam Ord1989‑38 sch 1
Name of Act
s 1am Ord1989‑38 sch 1
Dictionary
s 2om A2001‑44 amdt 1.4098
ins A2007‑3 amdt 3.529
Notes
s 3sub Ord1973‑8 s 2 (disallowed 7 June 1973)
am A2000‑80 amdt 3.27
defs reloc to dict A2007‑3 amdt 3.528
sub A2007‑3 amdt 3.529
def carriageway ins A1972‑20 s 2
om A1999‑79 sch 3
def city area am A1940‑15 s 2
om A1972‑20 s 2
def Commissioner of Police ins A1972‑20 s 2
om A1994‑26 sch
def Motor Traffic Act ins A1972‑20 s 2
am A1994‑26 sch
om A2000‑80 amdt 3.26
def off-street parking area ins A1972‑20 s 2
om A1999‑79 sch 3
def Police Act ins A1972‑20 s 2
am A1994‑26 sch
om A1994‑97 sch
def public street ins A1972‑20 s 2
om A1999‑79 sch 3
Inspectors
s 3Ains Ord1943‑6
am A1994‑26 sch
sub A1994‑97 sch; A2007‑3 amdt 3.530
(3)-(5) exp 12 April 2008 (s 3A (5) (LA s 88 declaration applies))
am A2011‑22 amdt 1.445
s 3Bins Ord1943‑6
sub Ord1944‑2
am Ord1944‑5; Ord1966‑19
om Ord1989‑38 sch 1
s 3Cins Ord1943‑6
am Ord1944‑2; Ord1966‑19
om Ord1989‑38 sch 1
Trespass on Territory land
s 4am Ord1940‑15; Ord1966‑19; Ord1989‑38 s 51, sch 1; A1994‑26 sch; A1994‑81 sch; A1995‑46 sch
Animals straying etc on Commonwealth lands
s 4Ains Ord1937‑10
am Ord1939‑6; Ord1966‑19; A1994‑81 sch; A1995‑46 sch
Grazing stock on Commonwealth land in city area
s 4Bins Ord1942‑20
am Ord1966‑19; A1994‑26 sch; A1994‑81 sch; A1995‑46 sch
Damage to fences
s 5am Ord1966‑19; A1994‑81 sch; A1995‑46 sch
Leaving gates open
s 6am Ord1966‑19; Ord1989‑38 sch 1; A1994‑26 sch; A1994‑81 sch; A1995‑46 sch
Damaging trees etc
s 7am Ord1940‑15; Ord1966‑19; Ord1989‑38 sch 1; A1994‑26 sch; A1994‑81 sch; A2023-52 amdt 1.65
Persons authorised to prevent trespassing etc
s 8am Ord1940‑15; Ord1943‑6; A1994‑26 sch; A1994‑97 sch
Camping etc on Territory land
s 8Ains Ord1972‑20
om Ord1973‑8 s 3
disallowed 7 June 1973
am Ord1989‑38 s 52, sch 1; A1994‑26 sch; A1994‑81 sch; A1994‑97 sch; A1998‑54; A1999‑79 s 5 sch 3; A2001‑44 amdt 1.4099, amdt 1.4100; A2007‑3 amdt 3.531
om A2013‑3 amdt 2.33
Permits to occupy unleased land
s 8Bins Ord1972‑20
om Ord1973‑8 s 3
disallowed 7 June 1973
am Ord1989‑38 sch 1; A1994‑26 sch
om A2013‑3 amdt 2.33
Evidence
s 8Cins Ord1972‑20
om Ord1973‑8 s 3
disallowed 7 June 1973
am Ord1989‑38 sch 1; A1994‑26 sch; A2001‑44 amdt 1.4101; A2013‑3 amdt 2.34
Persons reasonably suspected to give name and address
s 9am Ord1943‑6; Ord1966‑19; Ord1985‑67; Ord1989‑38 sch 1; Ord1989–23 s 13; A1994‑26 sch; A1994‑81 sch; A1994‑97 sch
Schedule
schom A2001‑44 amdt 1.4102
Dictionary
dictins A2007‑3 amdt 3.532
def animal reloc from s 3 A2007‑3 amdt 3.528
def city area ins A1994‑26 sch
reloc from s 3 A2007‑3 amdt 3.528
def inspector ins A1994‑97 sch
reloc from s 3 A2007‑3 amdt 3.528
def road sub A1999‑79 sch 3
reloc from s 3 A2007‑3 amdt 3.528
def road related area ins A1999‑79 sch 3
reloc from s 3 A2007‑3 amdt 3.528
def vehicle ins A1999‑79 sch 3
reloc from s 3 A2007‑3 amdt 3.528
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. Electronic and printed versions of an authorised republication are identical.
Republication No Amendments to Republication date 1 A1989‑23 31 August 1993 2 A1994‑97 28 February 1995 3 A1998‑54 31 March 1999 4 A2001‑44 28 August 2002 5 A2007‑3 12 April 2007 6 A2007‑3 13 April 2008 7 A2011‑22 1 July 2011 8 A2013‑3 1 July 2013
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