How each state’s farm trespass laws compare across Australia
An analysis by The Weekly Times compares Australian farm trespass laws by state, with Victoria one of the only states to not increase penalties for activists in the last year.
VICTORIA is now one of only two Australian states that have not increased penalties for on-farm trespassers.
An analysis by The Weekly Times can reveal Tasmania and Victoria are the only states not to have strengthened laws since the height of animal activism early last year, and the infamous $1 fine for an activist who broke Victorian biosecurity law.
Queensland was the first state to act, introducing a $652.75 on-the-spot fine last April for activists who put biosecurity at risk, followed by NSW which introduced a $1000 on-the-spot fine in August. Both have also increased penalties for trespass since, with NSW promising fines of up to $22,000 and/or three years’ jail time.
The Western Australian Government is seeking feedback on a new Bill that includes fines up to $24,000 and imprisonment for two years, while a South Australian Bill promising fines up to $10,000 or 12 months imprisonment has passed the Lower House.
A recent nine-month Victorian inquiry into animal activism, which was initially called upon to evaluate the effectiveness of the state’s laws, did not recommend any changes to trespass laws, but did propose a new biosecurity offence, which included an on-the-spot fine similar to NSW.
The maximum penalty for wilful trespass in Victoria is a $4130.50 fine, or six months imprisonment.
Victorian Farmers Federation president David Jochinke said it was hard to tell if a harsher penalty would deter activists because the current maximum penalty was “not even close to being used”, but an increase would better reflect that trespass is a serious offence.
“It’s hard to judge because it hasn’t been utilised,” he said.
“If increasing the maximum penalty dragged up minimum penalties, we should definitely consider it.
“It’s a disgrace that trespass isn’t taken as seriously as it rightly should.”
The VFF had called on the inquiry to lift trespass penalties to $220,000 and introduce $1000 on-the-spot fines.
Mr Jochinke recently hit out at the inquiry for “only doing half its job”, with its recommendations including “no discussion around trespass or penalties”.
When asked why Victoria was one of the only states to not change its trespass laws, Victorian Agriculture Minister Jaclyn Symes said: “We’ve repeatedly made our position clear; trespassing is completely unacceptable and raises biosecurity concerns for individual farmers, their animals and their livelihoods.”
Tasmania is the only other state that has not increased trespass laws, with its maximum penalty for “unlawful entry on land” being a $4200 fine or six months’ imprisonment.
The Northern Territory has also not changed its laws, with a current maximum penalty of a $3140 fine or six months’ imprisonment.
AUSTRALIA’S FARM TRESPASS LAWS
VICTORIA
Current “wilful trespass” penalty: $4130.50 or six months imprisonment.
Awaiting Government action
An inquiry into animal activism’s impact on agriculture recommended a “new biosecurity offence include an on the spot fine, similar to the NSW model, for noncompliance with biosecurity management plans”. There were no recommendations for trespass penalties.
NSW
Introduced August, 2019
– $1000 on-the-spot fine for posing a biosecurity risk.
Introduced November, 2019
– Fines up to $13,200 and/or 12 months imprisonment for aggravated trespass.
– Fines up to $22,000 and/or up to three years imprisonment if the offender is accompanied by two or more people, or does anything to seriously risk the safety of someone on the land.
– Fines up to $11,000 and/or 12 months imprisonment for inciting aggravated trespass.
– Fines up to $1650 for wilfully or negligently leaving a gate open.
QUEENSLAND
Introduced April, 2019
– $652.75 on-the-spot fine or later after review of evidence for putting biosecurity at risk.
Introduced March, 2020
– Fines up to $2669 or one year imprisonment for trespass.
– Fines up to $1334.50 or six months imprisonment for unlawfully leaving a gate or fence open.
NORTHERN TERRITORY
Current “trespass on premises” penalty: $3140 or 6 months imprisonment.
WESTERN AUSTRALIA
Drafted bill in public consultation
– Two years imprisonment and a $24,000 fine for aggravated trespass.
– 12 months imprisonment and a $12,000 fine for trespass without aggravating factors.
– A court may also impose a misconduct restraining order on the offender.
SOUTH AUSTRALIA
Bill in Parliament
– Fines up to $10,000 or 12 months imprisonment for aggravated trespass.
– Fines up to $5000 or six months imprisonment for trespass without aggravating factors.
– Fines up to $2500 or imprisonment for six months for disturbing farm animals.
– Fines up to $1500 and an expiation fee of $375 for interfering with farm gates.
TASMANIA
Current“unlawful entry on land” penalty: $4200 or six months imprisonment.
COMMONWEALTH
Introduced September, 2019
– Imprisonment for up to 12 months for inciting trespass via a carriage service (e.g. the internet).
– Imprisonment for up to five years for inciting property damage or theft via a carriage service.
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