The Act says an offence is committed when:

• a person is in a residential building as a trespasser having entered it as such;
• the person knows or ought to know that they are a trespasser; and
• the person is living in the building or intends to live there for any period.

A person can only commit the offence if they have entered and remain in the property as a trespasser.  The offence does not apply to people who enter a  property with permission of the “property owner” (such as a tenant or unauthorised occupant).  The offence also does not apply to someone who enters the property in good faith reasonably believing they had permission to do so.