NSW bases their trespassing law on the Inclosed Lands Protection Act of 1901, breach of which can attract a penalty of 5 penalty units in the case of non prescribed premises. In NSW trespassing in an enclosed premises or remaining when asked to leave by the owner, occupier or person apparently in charge constitutes an offence. People in the ACT lack this protection, rendering banning notices issued in the ACT difficult to enforce (in the ACT breach of a banning notice constitutes an infringement, not an offence). People in the ACT deserve the same protection from anti-social behaviour as people in NSW. A banning notice issued by the owner of a premises, or their authorised agent, should be as enforceable as it is in NSW, and it should be the right of the owner of the premises to determine what behaviour is unacceptable in their premises. We all deserve to be able to go to places such as shops and restaurants and be able to feel safe, and to not be subjected to, or have to witness, aggressive, offensive or antisocial behaviour.

In addition retail staff deserve to feel safe at work and should not have to be fearful of the public they serve. Assaulting a retail staff member should carry a higher penalty to explicitly deter abusive behaviour that has become, in some cases, normalised. Retail staff should not have to place signs up asking people to treat them with respect and dignity, they should have specific legal protection whilst working at or entering their workplace against assault. Such laws have been proposed in Victoria. The ACT should lead the charge by bringing them into force here. A retail worker deserves the same protection from violence that a politician in Parliament House would expect and receive.