Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) A person, without reasonable or lawful excuse (proof of which lies on the person), must not enter into, or remain on, any land, building, structure, premises, aircraft, vehicle or vessel without the consent of the owner, occupier or person in charge of the land, building, structure, premises, aircraft, vehicle or vessel.
(2) A person who is convicted of an offence under this section is liable to a penalty of–
(a) a fine not exceeding 10 penalty units or imprisonment for a term not exceeding 12 months, in respect of entering or remaining in a dwelling-house; or
(b) 5 penalty units or imprisonment for a term not exceeding 6 months, in respect of entering into, or remaining on, any other land, building, structure, premises, aircraft, vehicle or vessel.
(2A) However, if the court that convicts a person of an offence under this section is satisfied that the person –
the person is liable to a penalty not exceeding twice that provided for by subsection (2).(a) was in possession of a firearm during the actual commission of the offence; or
(b) made any use of an aircraft, vehicle or vessel during the actual commission of the offence –
(2B) If subsection (2A)(a) applies to the convicted person, the court may, in addition to any other penalty it may impose, do either or both of the following:
(a) order that the firearm is forfeited to the Crown;
(b) cancel all or any of the licences or permits that the convicted person may hold under the Firearms Act 1996.
(2C) A firearm forfeited to the Crown pursuant to subsection (2B) is to be disposed of as the Minister determines.
(3) Where a person is convicted of an offence under this section in respect of entering or remaining in the dwelling-house of another person, the court or one of the justices may issue a warrant addressed to all police officers commanding them to enter the premises and give the possession thereof to the complainant.
(4) For the purpose of executing a warrant under subsection (3), every police officer may, if necessary, break and enter the premises to which the warrant relates and eject the person convicted and any other person therefrom.
(5) A police officer who reasonably suspects that a person in possession of a firearm is committing an offence under this section may seize that firearm.
(6) Section 68 applies if a firearm is seized under subsection (5).