Criminal Code Act 1995
Section 3
CHAPTER 7 - THE PROPER ADMINISTRATION OF GOVERNMENT Part 7.2 - Theft and other property offences Division 132 - Other property offences SECTION 132.4 Burglary (1)A person commits an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit theft of a particular item of property in the building; and
(b) the property belongs to a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(2)
For the purposes of this Code, an offence against subsection (1) is to be known as the offence of burglary.
(2A)
In a prosecution for an offence against subsection (1) , it is not necessary to prove that the defendant knew that the property belonged to a Commonwealth entity.
(3)
A person commits an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more.
Penalty: Imprisonment for 13 years.
(3A)
In a prosecution for an offence against subsection (3) , it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is an offence against a law of the Commonwealth.
(4)
In a prosecution for an offence against subsection (3) , it is not necessary to prove that the defendant knew that the offence referred to in paragraph (3)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(5)
For the purposes of this Code, an offence against subsection (3) is also to be known as the offence of burglary.
(6)
A person commits an offence if:
(a) the person enters, or remains in, a building, as a trespasser, with intent to commit an offence in the building that involves causing harm to another person or damage to property; and
(aa) the offence referred to in paragraph (a) is an offence against a law of the Commonwealth, a State or a Territory; and
(b) the offence referred to in paragraph (a) is punishable by imprisonment for life or for a term of 5 years or more; and
(c) the building is owned or occupied by a Commonwealth entity.
Penalty: Imprisonment for 13 years.
(6A)
In a prosecution for an offence against subsection (6) , it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is an offence against a law of the Commonwealth, a State or a Territory.
(7)
In a prosecution for an offence against subsection (6) , it is not necessary to prove that the defendant knew that the offence referred to in paragraph (6)(a) is punishable by imprisonment for life or for a term of 5 years or more.
(8)
Absolute liability applies to the paragraph (6)(c) element of the offence.
(9)
For the purposes of this Code, an offence against subsection (6) is also to be known as the offence of burglary.
(10)
For the purposes of this section, a person is taken not to be a trespasser:
(a) merely because the person is permitted to enter, or remain in, a building for a purpose that is not the person ' s intended purpose; or
(b) if the person is permitted to enter, or remain in, a building as a result of fraud, misrepresentation or another person ' s mistake.
(12)
In this section:
(a) a part of a building; or
(b) a mobile home or a caravan; or
(c) a structure (whether or not movable), a vehicle, or a vessel, that is used, designed or adapted for residential purposes.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
