Questions and Answers
What must be included in a marking system for trespass to be enforced at access points?
Which type of prohibition allows entry for specified activities?
What color marking indicates prohibited entry under the Trespass to Property Act?
In what scenario is an occupier allowed to arrest someone on their property?
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Which of the following is true regarding implied permission under the Trespass to Property Act?
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What defines a 'Motor Vehicle' under the Trespass to Property Act?
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What does 'Reverse Onus' imply in the context of trespassing laws?
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What are the conditions for police to make an arrest off premises under Section 10?
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Which of the following describes a situation where implied permission under the Trespass to Property Act exists?
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Under what circumstance can an occupier or authorized agent make an arrest according to the Trespass to Property Act?
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What does the term 'Colour of Right' signify in the context of the Trespass to Property Act?
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What is required for the proper enforcement of signage under the Trespass to Property Act?
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Which color marking indicates prohibited entry unless specified otherwise under the Trespass to Property Act?
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In the context of the Trespass to Property Act, what must a police officer prove to arrest a person off premises?
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What does a 'Limited Prohibition' mean under the Trespass to Property Act?
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What is the role of an 'Occupier' as defined in the Trespass to Property Act?
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What must a person demonstrate to argue they had a lawful right to be on the property under the Trespass to Property Act?
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Study Notes
Trespass to Property Act Overview
- Governs unauthorized entry, activities, and refusal to leave premises.
- Outlines procedures for giving notice and establishing prohibited activities.
Trespassing Chart
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Notice can be given:
- Orally or in writing
- Using signs
- Through a marking system
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Engagement in Prohibited Activity:
- Limited Prohibition: Sign with an oblique line indicates all other activities are permitted.
- Limited Permission: Specific signage allows certain activities while prohibiting others.
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Entering When Entry is Prohibited:
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With Notice:
- Markings measure at least 10 cm in diameter, visible in daylight at access points.
- Red markings denote prohibited entry.
- Yellow markings indicate entry is prohibited, except for specific activities.
- Text or graphic signs are also required.
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Without Notice:
- The phrase "If it grows, DON'T GOP" applies to gardens, lawns, fields, and similar areas.
- Enclosed areas designed to restrict access are also included.
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With Notice:
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Refusal to Leave When Directed is an offense under the Act.
Definitions
- Reverse Onus: Accused must demonstrate lawful entry rights (Clause 2(1)(a) TPA).
- Colour of Right: Protected by reasonable belief in having a title or interest (Subsection 2(2) TPA).
- Motor Vehicle: Defined under the Highway Traffic Act; owner liable unless taken without consent.
- Signs/Markings must be clearly visible during daylight hours.
- Implied Permission allows lawful access to entrances via apparent pathways.
- Occupier: Individual or entity managing premises, responsible for activities conducted there.
- Premises: Refers to land and structures, including water vessels, trailers, vehicles, and aircrafts.
Arrest Authorities
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Arrest Authority #1 (3-Part Test):
- Section 9(1): Authority to arrest individuals refusing to leave premises.
- Applicable to police, occupiers, or authorized agents.
- Arrest can be made based on reasonable and probable grounds (R&PG), even without witnessing a crime.
- Occupier or agent must promptly hand over the individual to police.
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Arrest Authority #2 (4-Part Test):
- Section 10: Police authority to arrest off premises.
- Requires police officer presence aligned with R&PG of TPA contravention.
- Fresh departure from premises must have occurred, and refusal to provide personal information may result in arrest.
Use of Force
- Section 146 outlines the circumstances under which force may be applied during arrest situations.
Trespass to Property Act Overview
- Governs unlawful entry onto property and related activities.
- Trespassing can involve entering prohibited areas, refusing to leave, or engaging in prohibited activities.
Trespassing Chart Insights
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Engaging in Prohibited Activity:
- Limited prohibition indicates some activities may be allowed despite restrictions.
- Signage indicates no entry except for specified activities.
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Entry When Prohibited:
- Prohibition is marked by signs featuring an oblique line.
- Areas like lawns and gardens require explicit notice to avoid entry.
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Refusal to Leave When Directed:
- Use of visible markings for entry restrictions.
- Different colored markings communicate specific permission levels (red for prohibited entry, yellow for restricted entry).
Key Legal Concepts
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Reverse Onus:
- Burden of proof on the charged individual to prove lawful right (Clause 2 (1), (a)).
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Colour of Right:
- A reasonable belief in possessing title or interest shields against liability (Subsection 2 (2)).
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Motor Vehicle Responsibility:
- Owner liable for trespassing unless vehicle is taken without consent (Section 11).
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Signage Requirements:
- Must be clearly visible in daylight, especially at access points to premises.
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Implied Permission:
- Entrants for lawful purposes may access doors without explicit consent (Section 11).
Definitions
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Occupier:
- Individual or company controlling and responsible for the premises.
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Premises:
- Includes lands, structures, watercraft, vehicles, trailers, and aircraft.
Arrest Authorities
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Arrest Authority #1 (On Premises):
- Allows police, occupiers, or authorized agents to arrest individuals refusing to leave.
- Must meet three criteria: presence on premises, reasonable grounds to believe trespassing, and violation of Section 2.
- Authorized agents must hand over detained individuals to police promptly.
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Arrest Authority #2 (Off Premises):
- Requires police involvement when a person contravenes TPA outside of the premises.
- Must demonstrate fresh departure from the premises and non-compliance in providing identity information.
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Description
Test your understanding of the Trespass to Property Act with this quiz. Explore concepts like notice requirements, prohibited activities, and entry regulations. Perfect for legal studies focusing on property laws.
