COA Trespass Act and Removal of Persons 3

Question 1

Under the Trespass Act 1980, what must occur before a person can be found guilty of trespass?

Accepted Answer

They must have received a warning and subsequently returned to the premises without permission

Answer

They must have caused damage to property during their presence

Answer

They must have been warned on at least three separate occasions

Answer

They must have verbally threatened security or other persons on the premises

Question 2

A trespass warning issued under the Trespass Act 1980 applies to:

Accepted Answer

The specific individual warned, and no one else

Answer

The named individual and all members of their immediate family

Answer

Any person who accompanies the trespassed individual onto the premises

Answer

All persons the occupier considers undesirable at the time of issue

Question 3

To be effective, a written trespass notice must:

Accepted Answer

Sufficiently identify or describe the person being warned and specify the premises

Answer

Be signed by a Justice of the Peace before serving

Answer

Be lodged with the nearest police station before being served on the person

Answer

Be renewed every 12 months to maintain legal effect

Question 4

A security officer escorts a person off the premises after issuing a trespass warning. If reasonable, what level of physical contact is permissible during this escort?

Accepted Answer

Reasonable force that is proportionate and necessary in the circumstances, if other options are exhausted

Answer

No physical contact whatsoever is permitted under any circumstances

Answer

Any level of force the officer considers necessary to ensure compliance

Answer

Force is only permissible if a police officer is physically present and gives approval

Question 5

A security officer has issued a trespass warning but the person claims they did not understand it. The officer should:

Accepted Answer

Re-explain the warning clearly and confirm the person understands the premises, duration, and consequences

Answer

Withdraw the warning and issue a new one in writing only

Answer

Assume the warning is valid as the officer's duty was fulfilled when it was first stated

Answer

Refer the matter to police immediately as understanding is now in dispute

Question 6

Which of the following best describes the relationship between the Trespass Act 1980 and the role of police in enforcing trespass?

Accepted Answer

Police can arrest a person who has breached a trespass warning and use powers security officers do not have

Answer

Police have no role; security officers are solely responsible for removing trespassers

Answer

Police must issue all trespass warnings personally before security can act on them

Answer

Police involvement is only required if the trespasser is also committing another offence

Question 7

A property occupier wants to give a standing instruction allowing their security team to issue trespass warnings without consulting them each time. This arrangement is:

Accepted Answer

Lawful — the occupier can grant ongoing authority to security staff to act as their agents

Answer

Unlawful — the occupier must be present for every warning

Answer

Only permissible if the security company holds a special endorsement on their licence

Answer

Permitted only for commercial properties, not private residences