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ARTICLE · 03 SEPTEMBER 2025

Trespassing laws and penalties in Australia

Trespassing in NSW can be a criminal offence under specific laws, with penalties including fines or imprisonment depending on the severity.

AustraliaCriminal Law

Trespassing on private property without permission can amount to a criminal offence in New South Wales. The relevant legislative framework on this is the Inclosed Lands Protection Act 1901 (NSW) and the Crimes Act 1900 (NSW) that prescribe penalties including imprisonment and conviction.

Trespassing Meaning

Trespassing is entering into inclosed lands without permission of the owner, occupier or person apparently in charge of it, and without a lawful excuse.

Is Trespassing a Criminal Offence?

Trespassing is both a civil and criminal offence. It can amount to a civil matter if the person you have trespassed against brings the matter to court to sue you and/or to prevent you from doing it again. Trespass will also amount to a criminal offence if it breaches the Inclosed Lands Protection Act 1901 (NSW) or the Crimes Act 1900 (NSW) such as an aggravated break and enter offence. If the case ends up in court for any one of the trespass offences, it could result

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