Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 9

Wilful destruction, damage etc. of property

9. Wilful destruction, damage etc. of property



(1) Any person who-





   (a)  destroys damages pollutes or obstructs any aqueduct dam sluice pipe
        pump waterway pond pool or fountain;



   (b)  being an artificer workman journeyman or apprentice wilfully damages
        spoils or destroys any goods wares work or material committed to his
        care or charge;

   (c)  wilfully injures or damages any property (whether private or public)
        the injury done being under the value of $5000; or

   (d)  wilfully trespasses in any public place other than a Scheduled
        public place and neglects or refuses to leave that place after being
        warned to do so by the owner occupier or a person authorized by or on
        behalf of the owner or occupier; or

   (e)  without express or implied authority given by the owner or occupier or
        given on behalf of the owner or occupier by a person authorised to
        give it or without any other lawful excuse, wilfully enters any
        private place or Scheduled public place, unless for a legitimate
        purpose; or

   (f)  neglects or refuses to leave a private place or Scheduled public place
        after being warned to do so by the owner or occupier or a person
        authorised to give that warning on behalf of the owner or occupier,
        unless the person has a lawful excuse; or

   (g)  without lawful excuse, enters any place (whether private or public) in
        a manner likely to cause a breach of the peace or reasonable
        apprehension of a breach of the peace-

shall be guilty of an offence.

Penalty: 25 penalty units or imprisonment for six months.

(1A) In any proceedings for an offence against subsection (1) the statement on
oath of any person that he is or was at any stated time the owner or occupier
of any place or a person authorized by or on behalf of the owner or occupier
thereof shall be evidence until the contrary is proved by or on behalf of the
defendant that such person is or was the owner or occupier of that place or a
person authorized by or on behalf of the owner or occupier thereof (as the
case requires).

(1B) A person may commit an offence against paragraph (d), (e), (f) or (g) of
subsection (1) even though he or she did not intend to take possession of the
place.

(1C) Without limiting paragraph (e) of subsection (1), examples of
circumstances in which a person does not have express or implied authority to
enter a place are-

   (a)  the person enters that place after having been previously warned not
        to enter by the owner or occupier or a person authorised to give such
        a warning on behalf of the owner or occupier; or

   (b)  the person enters that place despite being then warned not to enter by
        the owner or occupier or a person authorised to give such a warning on
        behalf of the owner or occupier; or

   (c)  the person enters that place in breach of a prominently displayed sign
        erected at that place by the owner or occupier or a person authorised
        to erect such a sign on behalf of the owner or occupier stating that-

   (i)  the person concerned, or a class of persons of which the person
        concerned is a member, is prohibited from entering that place; or

   (ii) persons engaging in that place in the type of activity in which the
        person concerned is proposing to engage in that place are prohibited
        from entering that place- and the person has no other lawful excuse
        for entering that place.

(1D) A warning may be given to a person under subsection (1)(f) or subsection
(1C)(a) or (b)-

   (a)  orally; or

   (b)  by delivering written notice of it personally to the person; or

   (c)  except in the case of a warning under subsection (1)(f), by sending
        written notice of it by certified mail addressed to the person at his
        or her usual or last known place of residence.

(1E) A person may commit an offence against paragraph (g) of subsection (1)
even though he or she had a right to enter that place in a manner other than
that described in that paragraph.

(2) For the purposes of section 86 of the Sentencing Act 1991 the cost of
repairing or making good anything spoiled or damaged in contravention of this
section shall be deemed to be loss or damage suffered in relation thereto.

(3) Nothing contained in this section shall extend to any case where the
person offending acted under a fair and reasonable supposition that he had a
right to do the act complained of or to any trespass (not being wilful and
malicious) committed in hunting or the pursuit of game.



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