>[!info] >[s. 9(1) Summary Offences Act](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/soa1966189/s9.html "Trespass") — Any **person** who 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 authorised by or on behalf of the owner or occupier; and **without a lawful excuse**. # Example At an 18th birthday party, a number of gate crashers arrive and force entry at the front gate. They are noisy and parents are concerned. The parents ask them to leave the property numerous times and they refuse to do so. # Power of Arrest [Section 458 of the Crimes Act.](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ca195882/s458.html "Section 458 of the Crimes Act.") # Jurisdiction Summary Offence heard at the Magistrates' Court. # Points of Proof 1. Identity 2. Wilfully Trespasses 3. In Any Public Place 4. Warning by Owners, Occupier or Person Authorised 5. Refusal to Leave