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|
Provision
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Offence
|
Maximum Penalty
|
|
ACT
|
Crimes Act 1900
s. 151
Forcible entry on land
|
Entering private land and causing a breach of the peace
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20 penalty units [$3200], 1 year or both
|
|
|
Crimes Act 1900
s. 116
Destroying or damaging property
|
Damaging or destroying private property, with damage not exceeding $5000
|
50 penalty units [$8000], 2 years or both
|
|
|
Criminal Code 2002 s. 403
Damaging property
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Damaging private property
|
50 penalty units [$8000], 2 years or both
|
|
|
Criminal Code 2002 s. 47
Incitement
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Urging the commission of an offence, whether or not the offence was committed
|
Based on substantive offence, from:
3 years or 300 penalty units to 10 years or 1000 penalty units, or both
|
|
|
Provision
|
Offence
|
Maximum Penalty
|
|
NSW
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Inclosed Lands Protection Act 1901 s. 4
Unlawful entry on inclosed lands
|
Unreasonable trespass on inclosed lands
|
10 penalty units [$1100] (prescribed premises)
5 penalty units [$550] (other premises)
|
|
|
Crimes Act 1900
s. 195
Destroying or damaging property
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Intentionally or recklessly damaging or destroying private property
|
Various grades:
5-7 years,
10-12 if fire or explosives are used
|
|
|
Crimes Act 1900
s. 351A
Recruiting persons to engage in criminal activity
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Recruiting another person to carry out or assist in a crime
|
7 years
|
|
|
Provision
|
Offence
|
Maximum Penalty
|
|
NT
|
Trespass Act 1987
s. 5
Trespass on premises
|
Trespass on premises
|
20 penalty units [$3140] or 6 months
|
|
|
Criminal Code Act 1983
s. 241, Schedule 1
Damage to property
|
Intentionally or recklessly causes damage to property
|
14 years
|
|
|
Criminal Code Act 1983
s. 12, Schedule 1
Abettors and accessories before the fact
|
Persons deemed to have taken part by:
aiding, enabling, counselling or procuring
|
The same consequences as a finding of guilt of committing the offence
|
|
|
Summary Offences Act 1923
s. 69B
Inciting to the commission of offences
|
Inciting, urging, aiding or encouraging a crime
|
$2000 or 12 months
|
|
|
Provision
|
Offence
|
Maximum Penalty
|
|
QLD
|
Summary Offences Act 2005
s. 11
Trespass
|
Unlawfully entering or remaining in a dwelling, yard or business
|
20 penalty units [$2669] or 1 year
20 penalty units [$2669] or 1 year
|
|
|
Criminal Code 1899 s. 469
Wilful damage
|
Wilfully and unlawfully damaging property
|
5 years
|
|
|
Criminal Code 1899 s. 7
Principal offenders
|
Guilty parties: primary actor; one who enables or aids; one who counsels or procures
|
Counselling or procuring is the same as a finding of guilt of committing the offence
|
|
|
Provision
|
Offence
|
Maximum Penalty
|
|
SA
|
Summary Offences Act 1953
s. 17
Being on premises unlawfully
|
Entering or remaining on premises without lawful excuse
|
$2500 or 6 months
to 2 years (if committing serious crime on premises)
|
|
|
Criminal Law Consolidation Act 1935
s. 170A
Criminal trespass –
places of residence
|
Trespass on homes when another person is present
|
Basic – 3 years
Aggravated – 5 years
|
|
|
Criminal Law Consolidation Act 1935
s. 85
Arson and other property damage
|
Damaging property by intention or recklessness
|
10 years
|
|
|
Criminal Law Consolidation Act 1935
s. 267
Aiding and abetting
|
Aiding, abetting, counselling or procuring
|
Same as the principal offence
|
|
|
Provision
|
Offence
|
Maximum Penalty
|
|
TAS
|
Police Offences Act 1935
s. 14B
Unlawful entry on land
|
Entering or remaining on land, vehicle, structure, vessel, etc, without permission
|
50 penalty units [$8400] or 12 months (for trespass in a dwelling)
25 penalty units [$4200] or 6 months (for other trespass)
|
|
|
Police Offences Act 1935
s. 37
Injuries to property
|
Unlawfully destroying or injuring any property
|
10 penalty units [$1680] or 12 months
|
|
|
Criminal Code Act 1924
s. 3, Schedule 1
Parties deemed principals
|
Parties includes: primary actors, those who aid or abet, those who instigate
|
Same as the principal offence for instigation
|
|
|
Criminal Code Act 1924
s. 298, Schedule 1
Incitement
|
Incitement
|
Up to 21 years but generally same as substantive offence
|
|
|
Provision
|
Offence
|
Maximum Penalty
|
|
VIC
|
Summary Offences Act 1966
s. 9
Wilful destruction, damage, etc – includes trespass
|
Wilful damage to private or public property, trespass and refusing to leave, trespass and breach the peace
|
25 penalty units [$4131] or 6 months
|
|
|
Crimes Act 1958
s. 197
Destroying or damaging property
|
Intentionally destroying property
|
Up to 10 years
|
|
|
Crimes Act 1958
s. 321G
Incitement
|
Inciter is guilty of the indictable offence of incitement
|
Penalty must not exceed the penalty for the relevant offence
|
|
|
Provision
|
Offence
|
Maximum Penalty
|
|
WA
|
Criminal Code Compilation 1913
s. 69
Forcibly entering land
|
Trespass likely to breach the peace
|
$6000 or 2 years
|
|
|
Criminal Code Compilation 1913
s. 70A
Trespass
|
Trespass
|
$12 000 and 12 months
|
|
|
Criminal Code Compilation 1913
s. 444
Criminal damage
|
Wilful damage or destruction of any property
|
10 years
Up to life if fire used
If damage < $25 000
3 years and $36 000
|
|
|
Criminal Code Compilation 1913
s. 445
Damaging property
|
Unlawful damage or destruction of private property
|
$24 000 and 2 years
|
|
|
Criminal Code Compilation 1913
s. 7
Principal offenders
|
Guilty parties: the primary actor; anyone who enables or aids; anyone who procures
|
Same as the principal offence
|
|
|
Criminal Code Compilation 1913
s. 553
Incitement to commit indictable offence
|
Incitement
|
Generally half the sentence for the principal offence
|