Criminal Code (Trespass Offences) Amendment Bill 2019
Plain English Summary
Overview
This bill sought to create three new criminal offences in the Criminal Code targeting trespass on business premises and transport infrastructure. It was a private member's bill introduced by Mr D Last MP that lapsed at the end of the 56th Parliament and did not become law.
Who it affects
The bill primarily targeted protesters and activists who enter private property to disrupt business operations, while providing stronger protections for farmers, miners and transport operators.
Key changes
- New 'aggravated trespass' offence for entering property with intent to cause economic loss — up to 100 penalty units or 3 years imprisonment
- New 'serious criminal trespass' offence for committing crimes while trespassing on business premises — up to 3,000 penalty units or 10 years imprisonment
- New 'organised trespass' offence targeting directors, members or volunteers of organisations who coordinate others to commit trespass offences — up to 3,000 penalty units or 10 years imprisonment
- Expanded definitions covering private land, public land and transport infrastructure (ports and railways)
- Serious criminal trespass and organised trespass excluded from being dealt with summarily, requiring prosecution in a higher court
Bill Journey
▸Committee1 May 2019View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined this private member's bill over six months, receiving 132 submissions and holding public hearings in Brisbane and Warwick. The committee recommended the bill not be passed, finding that the proposed penalties were excessive and disproportionate compared to existing offences, the bill's drafting was ambiguous in key areas, and existing Queensland laws already adequately addressed the conduct targeted by the bill. LNP members filed a statement of reservation dissenting from the majority position.
Key findings (5)
- The bill proposed three new Criminal Code offences (aggravated trespass, serious criminal trespass, organised trespass) with penalties up to 10 years imprisonment and $400,350 in fines, which the committee found disproportionate to existing trespass penalties of up to one year imprisonment
- The Queensland Law Society, Environmental Defenders Office, and Animal Justice Party argued that existing laws under the Summary Offences Act, Criminal Code, Transport Infrastructure Act, and Biosecurity Regulation already covered the conduct targeted by the bill
- The committee identified significant drafting issues, including that the serious criminal trespass offence (s 423) would capture persons lawfully on premises, not just trespassers, contrary to the bill's stated intent
- Business and farming groups including the QRC, QFF, AgForce, and Australian Pork supported the bill, citing biosecurity risks, economic losses, and the inadequacy of existing fines as deterrents
- Many submitters raised concerns that the bill would have a chilling effect on the right to protest and would deter whistleblowers from exposing animal cruelty or environmental harm
Recommendations (1)
- The committee recommends the Criminal Code (Trespass Offences) Amendment Bill 2019 not be passed.
Committee report tabled