Criminal trespass

In Queensland, you have the right to privacy in your home or at your business. If a person violates this right, they may be committing the offence of trespass.

Under the Summary Offences Act, a person must not enter, or remain in someone’s house or yard, or business premises without their permission, unless they have a lawful reason to be there. The maximum penalty for trespassing in Queensland is 1 year imprisonment.

Examples of people who may have a lawful reason to enter someone’s house, yard or business premises as part of their work duties include:

  • police and ambulance officers
  • a door-to-door salesperson
  • authorised industrial officers.

Police will use discretion when deciding to charge a person with trespass. Generally, police will give you a reasonable opportunity to explain why you entered the relevant place. If you have a reasonable explanation, you may not be charged with an offence. 

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