Sections 11 0f the Summary Offences Act Queensland states:

(1) A person must not unlawfully enter, or remain in, a dwelling or the yard of a dwelling.

(2) A person must not unlawfully enter, or remain in, a place used as a yard for, or a place used for business.

(3) This section does not prevent an authorised industrial officer entering a workplace in accordance with the terms of the person's appointment as an authorised industrial officer.

See the Police Powers and Responsibilities Act 2000, section 391A for safeguards applying to starting proceedings for particular offences in this division.

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

1. The accused was unlawfully in a dwelling or yard for a dwelling in that they did not have permission to be there.

2. The accused unlawfully entered or remained in a place used as a yard for, or a placed used for, a business purpose.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

The Maximum penalty for the offence of Trespassing is

Section 11 (1) 20 penalty units or 1 years imprisonment

This matter is simple offence which means it is dealt with in the Magistrates Court.

Possible defences to this offence include but are not limited to

1. Identification i.e. not the accused.

2. The accused had permission to be in the dwelling or the yard of the dwelling.

3. The accused had permission to enter, or remain in, a place used as a yard for, or a place used for, a business purpose.

4. It was not a dwelling.

It was not a place used for business purposes