(1) A person must not use offensive language in or near, or within hearing from, a public place or a school. Maximum penalty: 6 penalty units.
(1) In this section: protected place means a shrine, monument or statue located in a public place, and (without limitation) includes a war memorial.war memorial means a war memorial located in a public place, and (without limitation) includes:
(a) the Anzac Memorial in Hyde Park, Sydney, being:
(i) the memorial building referred to in the , and Anzac Memorial (Building) Act 1923 (ii) the land described in the Schedule to that Act, and (iii) any other structure on that land, and (b) any other place prescribed under subsection (4) as a war memorial for the purposes of this section.
(1) A person must not have spray paint in the person’s possession with the intention that it should be used to damage or deface premises or other property. Maximum penalty: 10 penalty units or imprisonment for 3 months.
(1) A person who sells a spray paint can to a person under the age of 18 years is guilty of an offence. Maximum penalty: 10 penalty units. (2) It is a defence (proof of which lies on the person selling the spray paint can) to a prosecution for an offence under this section that the person selling the spray paint can believed on reasonable grounds that the person to whom the spray paint can was sold was of or above the age of 18 years.
(1) The occupier of any shop from which spray paint cans are sold must not display any such can in any part of the shop to which members of the public are permitted access unless the can is properly secured in accordance with subsection (2). Maximum penalty: 10 penalty units.
(1) A police officer may seize a spray paint can in the possession of a person in a public place if the officer suspects on reasonable grounds that the person is under the age of 18 years, unless the person satisfies the officer that the person has the spray paint can in his or her possession for a purpose that is not unlawful.
(1) A person under the age of 18 years is guilty of an offence if the person possesses or consumes any liquor in a public place, unless the person establishes that:
(a) the person was under the supervision of a responsible adult, or (b) the person had a reasonable excuse for possessing or consuming the liquor. Maximum penalty: $20. (2) A police officer may seize liquor in the possession of a person in a public place, if the officer suspects, on reasonable grounds, that:
(a) the person is under the age of 18 years, and (b) the person is not under the supervision of a responsible adult, and (c) the person does not have a reasonable excuse for possessing the liquor. (3) Liquor seized under this section is forfeited to the Crown.
(1) If 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using or threatening unlawful violence is guilty of an offence. Maximum penalty: 10 penalty units or imprisonment for 6 months. (2) It is immaterial whether or not the 3 or more persons use or threaten unlawful violence simultaneously.
(1) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school. Maximum penalty:
(a) 5 penalty units, or (b) in the case of a person dealt with once previously for a knife-related offence—10 penalty units or imprisonment for 12 months, or both, or (c) in the case of a person dealt with more than once previously for a knife-related offence—20 penalty units or imprisonment for 2 years, or both. (2) Without limitation, it is a reasonable excuse for the purposes of this section for a person to have custody of a knife, if:
(a) the custody is reasonably necessary in all the circumstances for any of the following:
(i) the lawful pursuit of the person’s occupation, education or training, (ii) the preparation or consumption of food or drink, (iii) participation in a lawful entertainment, recreation or sport, (iv) the exhibition of knives for retail or other trade purposes, (v) an organised exhibition by knife collectors, (vi) the wearing of an official uniform, (vii) genuine religious purposes, or (b) the custody is reasonably necessary in all the circumstances during travel to or from or incidental to an activity referred to in paragraph (a), or (c) the custody is of a kind prescribed by the regulations.
(1) The parent of a child, being a child:
(a) who is under the age of 18 years, and (b) who commits an offence against section 11C, is guilty of an offence if the parent knowingly authorised or permitted the child to commit the offence. Maximum penalty: 5 penalty units.
(1) A person who sells a knife to a child under the age of 16 years is guilty of an offence. Maximum penalty: 50 penalty units. (2) It is a defence (proof of which lies on the person) to a prosecution for an offence under this section that the person selling the knife believed on reasonable grounds that the child was of or above the age of 16 years.
(1) A person must not, without reasonable excuse (proof of which lies on the person):
(a) have in his or her custody a laser pointer in a public place, or (b) use a laser pointer in a public place. Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(1) A person must not operate a motorised vehicle or motorised vessel in a public place:
(a) in such a manner as to harass or intimidate another person, or (b) in such a manner as would be likely to cause a person of reasonable firmness to fear for his or her personal safety. Maximum penalty: 6 penalty units.
(1) A person shall not knowingly live wholly or in part on the earnings of prostitution of another person. Maximum penalty: 10 penalty units or imprisonment for 12 months.
(1) A person in a road or road related area shall not, near or within view from a dwelling, school, church or hospital, solicit another person for the purpose of prostitution. Maximum penalty: 6 penalty units or imprisonment for 3 months.
(1) A person in a road or road related area must not, near or within view from a dwelling, school, church or hospital, solicit another person for the purpose of prostitution. Maximum penalty: 6 penalty units or imprisonment for 3 months.
(1) Each of the persons taking part in an act of prostitution:
(a) in, or within view from, a school, church, hospital or public place, or (b) within view from a dwelling, is guilty of an offence. Maximum penalty: 10 penalty units or imprisonment for 6 months.
(1) A member of the Police Force may apply to an authorised officer for the issue of a search warrant if the member of the Police Force has reasonable grounds for believing that section 16 or 17 is being contravened or, within 72 hours, will be contravened with respect to any premises.
(1) A senior police officer may apply to the Minister for premises to be declared a sex club under this Part. (2) The Minister may declare the premises to be a sex club under this Part if satisfied that:
(a) the premises are used solely or substantially for live sex entertainment, and (b) there is no effective prohibition under the or any other law on minors entering the premises. Liquor Act 1982
(1) If a police officer believes on reasonable grounds that a minor is in a declared sex club, the officer may, at any time of the day or night, enter the premises to ascertain whether an offence under this Part has been or is being committed.
(1) A person must not, without lawful authority, bring or attempt by any means whatever to introduce into any place of detention any spiritous or fermented liquor. Maximum penalty: imprisonment for 6 months or 10 penalty units, or both. (2) A person must not, without lawful authority, bring or attempt by any means whatever to introduce into any place of detention any poison listed in Appendix D of Schedule Four, or in Schedule Eight, to the Poisons List in force under the . Poisons and Therapeutic Goods Act 1966 Maximum penalty: imprisonment for 2 years or 20 penalty units, or both.
(1) A person:
(a) who brings or attempts by any means whatever to introduce a syringe into a place of detention, or (b) who supplies or attempts by any means whatever to supply a syringe to an inmate who is in lawful custody, is guilty of an offence. Maximum penalty: imprisonment for 2 years. (2) A person is not guilty of an offence of bringing or attempting to introduce a syringe into a place of detention if the person satisfies the court that the officer in charge of the place of detention had consented to the person’s bringing or introducing the syringe into the place of detention.
(1) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her possession an offensive weapon or instrument in a place of detention. Maximum penalty: imprisonment for 2 years or 50 penalty units, or both.
(1) Power to stop, detain and search persons A correctional officer may stop, detain and search a person, and anything in the possession of or under the control of a person, if:
(a) the person is in or in the immediate vicinity of a place of detention, and (b) the correctional officer suspects on reasonable grounds that the person has in his or her possession or under his or her control anything that has been used, is being used or is intended to be used in or in connection with the commission of an offence under this Part. (2) Power to stop, detain and search vehicles A correctional officer may stop, detain and search a vehicle that is in or in the immediate vicinity of a place of detention if the correctional officer suspects on reasonable grounds that:
(a) the vehicle contains anything that has been used, is being used or is intended to be used in or in connection with the commission of an offence under this Part, or (b) the vehicle has been used, is being used or is intended to be used in or in connection with the commission of an offence under this Part. (3) Power to detain for purpose of search by police A correctional officer who stops and detains a person or a vehicle under this section (whether or not the correctional officer searches the person or vehicle) may request a police officer to conduct a search or a further search of the person or vehicle, and may detain the person or vehicle while waiting for the arrival of a police officer at the place where the person or vehicle is being detained for the police officer to conduct the search.
(1) A correctional officer, in conducting a search under section 27F, may direct a person to do any or all of the following:
(a) to submit to scanning by means of an electronic scanning device, (b) to empty the pockets of the person’s clothing, (c) to remove any hat, gloves, coat, jacket or shoes worn by the person, (d) to empty the contents of any bag or other thing, or to open any thing, that the person has with him or her, or has left in a vehicle, (e) in the case of a visitor to the place of detention—to make available for inspection and search any item stored in a storage facility allocated to the visitor, (f) in the case of a correctional officer or a non-correctional member of staff—to make available for inspection and search any room or locker that is under the officer’s or member of staff’s control at the place of detention, (g) in the case of an adult accompanying a child or a mentally incapacitated person—to assist the child or mentally incapacitated person to co-operate with a search. (2) A correctional officer, in conducting a search under section 27F, may direct a person to produce:
(a) anything that the correctional officer has detected or seen during the search on or with the person, or in a vehicle in which the person is or was present, and has reasonable grounds to suspect may provide evidence of the commission of an offence under this Part, or (b) anything detected during the search by an electronic detection device, or (c) anything indicated by a dog reacting positively to its presence.
(1) A correctional officer who detains a person in the exercise of a power under section 27F must not detain the person any longer than is reasonably necessary for the purpose, and in any event for no longer than 4 hours.
(1) A police officer to whom it appears that a person has committed an offence under section 10C or 11C may serve on the apparent offender a notice to the effect that, if it is not desired to have the matter determined by a court, the person served may, within a time specified in the notice, pay an amount prescribed by the regulations to an officer so specified. (2) A notice under this section may be served personally or by post.
(1) A police officer to whom it appears that a person has committed an offence under section 28J may serve on the person a notice to the effect that, if it is not desired to have the matter determined by a court, the person may, within a time specified in the notice, pay an amount prescribed by the regulations to an officer so specified.
(1) A court that convicts a person of an offence under section 8 (being an offence committed after the commencement of this section) may, in addition to any penalty imposed for the offence, order the person to pay an amount not exceeding 20 penalty units as the cost of, or as a contribution to the cost of, the repair or restoration of any damage caused by the action that resulted in the conviction. (2) An amount ordered to be paid under subsection (1) is to be paid to such person or body as the court orders, or in the absence of such an order to the Consolidated Fund.