(1) In this Act: building means a building or structure, or any part of a building or structure.church means:
(a) a building ordinarily used for Divine worship, and (b) any land occupied or used in connection with such a building. dwelling means:
(a) a building intended for occupation as a residence and being, or capable of being, so occupied, except where it is above, or attached to, a shop or commercial premises, and (b) such a building that is part of a retirement village or is among the buildings in which persons live as a religious or other private community, and (c) any land occupied or used in connection with a building referred to in paragraph (a) or (b). hospital means:
(a) a public hospital within the meaning of the controlled by a local health district or the Crown, or Health Services Act 1997 (b) a statutory health corporation or affiliated health organisation within the meaning of that Act, or (c) a private health facility within the meaning of the or a nursing home within the meaning of the Private Health Facilities Act 2007 , Public Health Act 2010 and any land or building occupied or used in connection with such a hospital, establishment or nursing home. knife includes:
(a) a knife blade, or (b) a razor blade, or (c) any other blade, but does not include anything that is of a class or description declared by the regulations to be excluded from this definition. premises includes a structure, building, vehicle, vessel or place, whether built on or not, and any part thereof.prohibited drug has the same meaning as it has in the. Drug Misuse and Trafficking Act 1985 prostitution includes acts of prostitution between persons of different sexes or of the same sex, and includes:
(a) sexual intercourse within the meaning of Division 10 of Part 3 of the , and Crimes Act 1900 (b) masturbation committed by one person on another, for payment. public place means:
(a) a place (whether or not covered by water), or (b) a part of premises, that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school. residence includes a building in which a person resides as part of a private community.road means a road within the meaning of section 4 (1) of the(other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). Road Transport Act 2013 road related area means a road related area within the meaning of section 4 (1) of the(other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act). Road Transport Act 2013 school means:
(a) a government school or a registered non-government school within the meaning of the , and Education Act 1990 (b) a school providing education (whether secular or religious) at a pre-school or infants’ school level or at a primary or secondary level, and (c) a place used for the purposes of an establishment commonly known as a child-minding centre or for similar purposes, and (d) the land, and any building, occupied by or in connection with the conduct of such a school or place, and includes any part of such a school or place, but does not include any building that is occupied or used solely as a residence or solely for a purpose unconnected with the conduct of such a school or place. vehicle includes:
(a) a motor vehicle (whether or not still capable of being driven), and (b) a train or other vehicle used on a railway or monorail, and (c) a caravan or anything else constructed to be drawn by a vehicle or animal. Note— The contains definitions and other provisions that affect the interpretation and application of this Act. Interpretation Act 1987
(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: interment site has the meaning it has in Part 4 of theand includes a memorial (within the meaning of that Act). Cemeteries and Crematoria Act 2013 protected place means a shrine, monument or statue located in a public place, and (without limitation) includes a war memorial or an interment site.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 who:
(a) is given a move on direction for being intoxicated and disorderly in a public place, and (b) at any time within 6 hours after the move on direction is given, is intoxicated and disorderly in the same or another public place, is guilty of an offence. Maximum penalty: 15 penalty units. (2) For the purposes of this section, a move on direction is a direction given to a person by a police officer, under section 198 of the, to leave a public place and not return for a specified period. Law Enforcement (Powers and Responsibilities) Act 2002 Note— The maximum period for which a person can be directed not to return to a public place is 6 hours. It is a requirement under section 198 of the that the police officer warn a person given a move on direction for being intoxicated and disorderly in a public place that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the move on direction is given. Law Enforcement (Powers and Responsibilities) Act 2002
(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: 20 penalty units or imprisonment for 2 years, or both.
(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 2007
(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 police officer to whom it appears that a person has committed an offence under section 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. (3) If the amount prescribed for an alleged offence under section 11C is paid under this section, no person is liable for any further proceedings for the alleged offence.
(1) A police officer, or inspector appointed under Division 1 of Part 4 of the , 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 a person so specified. Game and Feral Animal Control Act 2002
(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.
(1) As soon as practicable after the end of the period of 12 months from the commencement of section 9 (as inserted by the ), the Ombudsman must prepare a report on: Summary Offences Amendment (Intoxicated and Disorderly Conduct) Act 2011
(a) the operation of section 9, and (b) the issue of penalty notices in respect of offences against section 9. (2) For that purpose, the Commissioner of Police is to ensure that the Ombudsman is provided with information about:
(a) any prosecutions brought under section 9, and (b) the issue of penalty notices in respect of offences against section 9.
(Section 34A)