A person on a premises who does not leave immediately when asked by an authorised person (generally the occupier of the premises), or who comes back within the following 24 hours, is guilty of an offence.

Maximum penalty: if the premises are primary production premises, $5 000 or imprisonment for 6 months, or in any other case $2 500 or imprisonment for 6 months.

[Summary Offences Act 1953 (SA) s 17A].

It is an offence to use offensive language or behave in an offensive manner while trespassing on premises.

Maximum penalty: $1 250

[Summary Offences Act 1953 (SA) s 17A(2)].

It is also an offence for a trespasser to refuse to give his or her name and address when asked by an authorised person.

Maximum penalty: $1 250

[Summary Offences Act 1953 (SA) s 17A(2a)].

When an uninvited individual or group of individuals "gatecrash" a private party being held on residential premises the occupier of the premises or person organising the party has the right to deal with them under section 17AB of the Summary Offences Act 1953 (SA).

Where the occupier or organiser reasonably suspects that a person is not entitled to attend they can ask the individual to produce evidence of their entitlement to be there. If they fail to satisfy this request and then fails to leave after being requested to do so they can be told that they are a trespasser on the premises and then become trespassers for the purposes of the Summary Offences Act 1953 (SA), s 17AB(2) and the Criminal Law Consolidation Act 1935 (SA), s 15A. If a trespasser fails to leave the premises, or if they trespass again, they will be guilty of an offence.

Maximum penalty: $5000 or 1 year imprisonment.

A trespasser who uses offensive language or behaves in an offensive manner is guilty of a further offence.

Maximum penalty: $2500

It is also an offence for a trespasser to refuse to give their name and address to the occupier/organiser.

Maximum penalty: $2500

[Summary Offences Act 1953 (SA) s 17AB].

A police officer may, upon request of the occupier/organiser, remove a trespasser from the premises if they reasonably suspect that the trespasser is committing one of the above offences [s 17AB(7)].

A person who, without the authority of the occupier of land on which animals are kept in the course of primary production:

is guilty of an offence.

Maximum penalty: $1,500.

Expiation fee: $375.

A gate includes a cattle grid or any moveable thing used to enclose land, including a slip panel or moveable fence.

A defence exists if it is proved that a defendant's act was not intended to cause loss, annoyance or inconvenience, and was not done with reckless indifference to the interests of the owner of the animals.

[Summary Offences Act 1953 (SA) s17B]

A person who, while trespassing on land on which animals are kept in the course of primary production, disturbs any animal, and causes harm to the animal or loss or inconvenience to the owner of the animals, is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

[Summary Offences Act 1953 (SA) s 17C].