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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
OCCUPANTS (HOME
INVASION) PROTECTION
BILL 2002
Queensland
OCCUPANTS (HOME INVASION)
PROTECTION BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART 2--INTERPRETATION
2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 What is a "dwelling house" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Who is an "intruder" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
5 Who is an "occupant" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
PART 3--DEFENDING AGAINST INTRUDERS
6 Effect of pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Defence against intruders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Time limit for prosecution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Onus of proof in criminal proceeding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
10 Immunity from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
PART 4--AMENDMENT OF CRIMINAL CODE
11 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Omission of s 267 (Defence of dwelling) . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2002
A BILL
FOR
An Act to authorise occupants of dwelling houses to defend themselves
and their property against intruders, and for other purposes
s1 4 s3
Occupants (Home Invasion) Protection Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title 3
This Act may be cited as the Occupants (Home Invasion) Protection Act 4
2002. 5
PART 2--INTERPRETATION 6
2 Definitions 7
In this Act-- 8
"break" or "enter", a dwelling house, means unlawfully break or enter the 9
dwelling house or attempt to unlawfully break or enter the dwelling 10
house. 11
"dwelling house" see section 3. 12
"intruder" see section 4. 13
"invitee" see section 7(1)(d). 14
"occupant" see section 5. 15
"offence" means an offence as defined under the Criminal Code. 16
3 What is a "dwelling house" 17
A "dwelling house" includes-- 18
(a) a building or other structure where someone lives; and 19
(b) a building or other structure that is-- 20
(i) within the curtilage of a dwelling house; and 21
s4 5 s7
Occupants (Home Invasion) Protection Bill 2002
(ii) occupied in connection with the dwelling house or whose 1
use is ancillary to the occupation of the dwelling house; and 2
(c) another place, whether natural or artificial, where someone lives. 3
4 Who is an "intruder" 4
An "intruder", in relation to a dwelling house, is a person who-- 5
(a) breaks or enters, the dwelling house; or 6
(b) is not an occupant of the dwelling house but is lawfully in the 7
dwelling house and-- 8
(i) fails to leave the dwelling house immediately on being 9
asked to do so by an occupant of the dwelling house; or 10
(ii) commits, in the dwelling house, an offence that an occupant 11
of the dwelling house finds out about while the person is 12
still there. 13
5 Who is an "occupant" 14
An "occupant", of a dwelling house, is a person who, whether alone or 15
with others, is in peaceable possession of the dwelling house. 16
PART 3--DEFENDING AGAINST INTRUDERS 17
6 Effect of pt 3 18
This part has effect even if the conduct it authorises would not otherwise 19
be authorised under the Criminal Code. 20
7 Defence against intruders 21
(1) It is lawful for an occupant of a dwelling house to use any force or do 22
anything else the occupant believes is necessary-- 23
(a) to prevent an intruder from breaking or entering the dwelling 24
house; or 25
s8 6 s9
Occupants (Home Invasion) Protection Bill 2002
(b) to cause an intruder in the dwelling house to leave the dwelling 1
house; or 2
(c) to restrain an intruder who is breaking or entering the dwelling 3
house or is in the dwelling house until a police officer arrives; or 4
(d) to defend himself or herself, another occupant or anyone else 5
lawfully in the dwelling house ("invitee") against violence used 6
or threatened against any of them by an intruder who is-- 7
(i) attempting to break or enter the dwelling house; or 8
(ii) in the dwelling house; or 9
(e) to prevent an intruder from committing, or make an intruder stop 10
committing, an offence in the dwelling house. 11
(2) Subsection (1) applies, with necessary changes, to an invitee in a 12
dwelling house who-- 13
(a) helps the occupant of the dwelling house to act against an 14
intruder in a way that is authorised under subsection (1); or 15
(b) with the occupant's authority, express or implied, does something 16
the occupant is authorised to do under subsection (1). 17
8 Time limit for prosecution 18
A prosecution for an offence against an occupant of a dwelling house or 19
an invitee in the dwelling house arising out of anything the occupant or 20
invitee does, under section 7, to an intruder must be started within 9 months 21
after the offence is committed. 22
9 Onus of proof in criminal proceeding 23
(1) This section applies if an occupant of a dwelling house or an invitee 24
in the dwelling house-- 25
(a) acts, in a way authorised under section 7, against an intruder; and 26
(b) is charged with an offence in relation to the action; and 27
(c) claims, as a defence to the charge, that the action is authorised 28
under section 7. 29
(2) The prosecutor must prove beyond doubt that the occupant or invitee 30
did not have the belief required for section 7. 31
s 10 7 s 12
Occupants (Home Invasion) Protection Bill 2002
10 Immunity from civil liability 1
(1) This section applies if an occupant of a dwelling house or an invitee 2
in the dwelling house acts against an intruder in a way that is authorised 3
under section 7. 4
(2) The occupant or invitee is not civilly liable for any personal injury or 5
property damage suffered by the intruder, or by anyone else claiming under 6
or through the intruder, caused by, through or in connection with the 7
occupant or invitee acting against the intruder in the way authorised. 8
(3) In this section-- 9
"personal injury" includes-- 10
(a) fatal injury; and 11
(b) prenatal injury; and 12
(c) psychological or psychiatric injury; and 13
(d) disease. 14
PART 4--AMENDMENT OF CRIMINAL CODE 15
11 Act amended in pt 4 16
This part amends the Criminal Code. 17
12 Omission of s 267 (Defence of dwelling) 18
Section 267-- 19
omit. 20
21
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