S. 6(1)(d) inserted by No. 15/2014 s. 3(2). (d) the person has or persons have committed, within the last 12 hours, an offence in the public place; or S. 6(1)(e) inserted by No. 15/2014 s. 3(2). (e) the conduct of the person or persons is causing a reasonable apprehension of violence in another person; or S. 6(1)(f) inserted by No. 15/2014 s. 3(2). (f) the person is or persons are causing, or likely to cause, an undue obstruction to another person or persons or traffic; or S. 6(1)(g) inserted by No. 15/2014 s. 3(2). (g) the person is or persons are present for the purpose of unlawfully procuring or supplying, or intending to unlawfully procure or supply, a drug of dependence within the meaning of section 4 of the Drugs, Poisons and Controlled Substances Act 1981; or S. 6(1)(h) inserted by No. 15/2014 s. 3(2). (h) the person is or persons are impeding or attempting to impede another person from lawfully entering or leaving premises or part of premises. S. 6(1A) inserted by No. 15/2014 s. 3(3), amended by No. 37/2014 s. 10(Sch. item 160.3). (1A) For the purpose of subsection (1)(f), in considering whether an obstruction is undue, a police officer, or a protective services officer on duty at a designated place, must have regard to— (a) the duration of the obstruction; and (b) the conduct that is causing the obstruction. S. 6(2) amended by No. 15/2014 s. 3(4). (2) A direction under this section may be given orally and may apply to an individual person or a group of persons. (3) A direction under this section may direct the person or persons not to return to the public place or part of a public place or not to be in that public place or part for a specified period of not more than 24 hours.
25 penalty units or imprisonment for six months or both. Offences relating to Horse-drawn Vehicles, Public Vehicles, Animals, &c. No. 6337 s. 18. S. 8 amended by No. 9554 s. 2(2)(Sch. 2 item 305). 8 Offences relating to horse-drawn vehicles, public vehicles, animals etc. s. 8 Any person who— (a) being the driver of a horse-drawn vehicle on a road goes away from the animal so as not to have control over it without securely fastening one of the wheels of the vehicle by a brake chain or strap so as to effectually prevent the wheel rotating; S. 8(b) amended by S.R. No. 137/1974 reg. 2(a). (b) drives a cart wagon or dray in or through a public place without the name and residence of the owner thereof being painted in a legible and permanent manner on the right or off side in letters of at least 25 millimetres in length; (c) drives a dog or goat harnessed or attached to a vehicle in or through a public place; (d) turns loose or allows to wander any cattle or other beast upon a public road or thoroughfare; (e) sets on urges or permits a dog or other animal to attack or worry any person horse or other animal or by ill-usage or negligence in driving cattle causes any mischief to be done by such cattle; (f) obstructs or prevents the driving of cattle along over or across a public road or thoroughfare; s. 9 (g) slaughters or skins a beast on a public road or thoroughfare;
(b) may make such order for the repayment of that amount with the costs incurred in the recovery thereof as to the court appears reasonable: Provided that the execution of the order shall be stayed for such time as the court may order if the person from whom or from whose possession the cattle have been taken or on whom such order for payment is made forthwith enters into a bond to the complainant with two sufficient sureties in such amount as the court thinks reasonable conditioned to prosecute to conviction within the time aforesaid the person guilty of having stolen the cattle; and a conviction within the time aforesaid shall supersede the order so made by the court as aforesaid, and no subsequent proceedings shall be had thereon: Provided further that the court on the application of such party and on notice to the complainant may extend the time aforesaid. S. 29(5) substituted by No. 84/2001 s. 13. (5) In this section vendor includes the auctioneer or other agent of the vendor. No. 6337 s. 46. 30 Possession of skin or carcass of stolen cattle s. 30 S. 30(1) amended by Nos 7876 s. 2(3), 9554 s. 2(2)(Sch. 2 item 320), 57/1989 s. 3(Sch. item 190.13). (1) If the skin or carcass or any part of the skin or carcass of any cattle stolen from any person is found in the possession of any other person or on the premises of any other person with his knowledge and that other person being taken or summoned before the Magistrates' Court does not satisfy the court that he came lawfully by such skin carcass or part thereof respectively shall be guilty of an offence. 50 penalty units or imprisonment for one year.
S. 33(3) substituted by No. 101/1986 s. 59(1), amended by No. 57/1989 s. 3(Sch. item 190.24). (3) If a person has been convicted of an offence under any of the provisions of sections 26 to 32 in relation to any property, the informant, the Director of Public Prosecutions or any person who claims an interest in the property may, at the time the conviction is made or at any later time, apply to the Magistrates' Court for an order in relation to the property. S. 33(4) amended by No. 9902 s. 2(1)(Sch. item 234), substituted by No. 101/1986 s. 59(1), amended by No. 57/1989 s. 3(Sch. item 190.25). (4) The Magistrates' Court may, on an application under subsection (3), make such orders in relation to the property to which the application relates as it considers just. S. 33(5) inserted by No. 101/1986 s. 59(1), amended by No. 57/1989 s. 3(Sch. item 190.26). (5) Examples of the kind of order that the Magistrates' Court may make under subsection (4) are: s. 33 (a) If the property is not money, an order that the property be sold; (b) An order that the property, if money or converted into money, be paid into the Consolidated Fund; (c) An order declaring the nature, extent and value (as at the time of making the order) of the interest of a person specified in the order in the property and directing that the whole or any part of the property (including money into which the property has been converted) be transferred to that person; (d) An order directing that a person specified in the order retain the whole or any part of the property (including money into which the property has been converted) for a period specified in the order.
S. 41G inserted by No. 49/2007 s. 3. 41G Announcement before entry S. 41G(1) amended by No. 37/2014 s. 10(Sch. item 160.16). (1) Before executing a search warrant, a police officer named in the warrant must— (a) announce that he or she is authorised by the warrant to enter the place; and (b) give any person at the place an opportunity to allow entry to the place. S. 41G(2) amended by No. 37/2014 s. 10(Sch. item 160.16). (2) The police officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure— (a) the safety of any person; or (b) that the effective execution of the search warrant is not frustrated. Pt 1 Div. 4B (Heading and s. 41H) inserted by No. 1/2009 s. 4. Division 4B—Food or drink spiking S. 41H inserted by No. 1/2009 s. 4. 41H Food or drink spiking s. 41G (1) In this section— give, in relation to food or drink, includes— (a) prepare food or drink; and (b) make food or drink available for consumption;
Division 5—Tattooing of juveniles No. 6878 s. 5. 42 Tattooing of juveniles s. 42 S. 42(1AA) inserted by No. 49/2008 s. 3(1). (1AA) In this section— beading means the cutting of the skin of a person and the insertion of an object beneath the skin to produce a lump; branding means the application of heat, cold or a substance to the skin of a person to produce scar tissue; like process includes scarification, tongue splitting, branding and beading; person means a living human being; scarification means the cutting of the skin of a person to create scar tissue; tongue splitting means the cutting of the tongue of a person to divide the tongue, or part of the tongue, into 2 or more segments. S. 42(1) amended by Nos. 9554 s. 2(2)(Sch. 2 item 331), 49/2008 s. 3(2). (1) Any person who performs any tattooing or like process on any person under the age of eighteen years shall be guilty of an offence. 60 penalty units. S. 42(2) amended by Nos 23/1994 s. 118(Sch. 1 item 55.1), 97/2005 s. 182(Sch. 4 item 49), 13/2010 s. 51(Sch. item 54.1). (2) Nothing in this Division shall apply to any tattooing or other like process performed by or at the written request of a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student).
Pt 1 Div. 6 (Heading) repealed by No. 74/2000 s. 3(Sch. 1 item 121.3), new Pt 1 Div. 6 (Heading and ss 43–44A) inserted by No. 49/2008 s. 4. Division 6—Body piercing S. 43 amended by Nos 8075 s. 3(a)(b), 9554 s. 2(2)(Sch. 2 item 332), repealed by No. 81/1987 s. 46, new s. 43 inserted by No. 49/2008 s. 4. 43 Definitions s. 43 (1) In this Division— body piercer means a person of or over the age of 16 years who— (a) carries on a body piercing business; or (b) is employed in a body piercing business; or (c) performs body piercing for a fee, wage or other remuneration or payment in kind; body piercing means the piercing of the human body to create one or more entry holes, or entry and exit holes, for the insertion of an object; body piercing business means a business that provides a service of body piercing, whether or not the business provides any other service; S. 43(1) def. of evidence of age document amended by No. 58/2011 s. 104(Sch. item 5). evidence of age document, in relation to a person, means— (a) a proof of age card issued to the person by the Victorian Commission for Gambling and Liquor Regulation under section 176 of the Liquor Control
No. 6337 s. 225. S. 46 amended by No. 9554 s. 2(2)(Sch. 2 item 335). 46 Destruction of homing pigeons s. 46 A person other than the owner shall not shoot kill wound or in any way injure destroy ensnare catch or take a homing pigeon. 1 penalty unit. S. 47 amended by Nos 49/1991 s. 119(7) (Sch. 4 item 19.2), 26/2012 s. 79, 32/2013 s. 64. 47 Compensation For the purposes of section 69ZB of the Sentencing Act 1991 the court may, in assessing the value of a homing pigeon, take into account the racing record (if any) of the pigeon as well as the market value of pigeons of that type. No. 6337 s. 227. S. 48 amended by No. 9554 s. 2(2)(Sch. 2 item 336). 48 Entering in pursuit of homing pigeons Any person entering upon enclosed land or premises for the purpose of killing wounding disabling ensnaring taking or in any way injuring or destroying a homing pigeon of which he is not the owner shall be guilty of an offence. 1 penalty unit. No. 6337 s. 228. 49 Existing remedies preserved Nothing in this Division shall in any way limit or abridge any other civil or criminal proceedings in respect of pigeons. Pt 1 Div. 8 (Heading and ss 49A–49F) inserted by No. 56/2005 s. 5. Division 8—Other offences S. 49A inserted by No. 56/2005 s. 5. 49A Begging or gathering alms (1) A person must not beg or gather alms. 12 months imprisonment. (2) A person must not cause, procure or encourage a child to beg or gather alms. 12 months imprisonment.
(7) Upon any proceedings for an offence against this section the burden of proving the consent of the occupier of any land concerned or of any person apparently authorized to act on behalf of such occupier shall be upon the person charged. s. 50A (8) Nothing in this section shall in any way limit or abridge any other civil or criminal proceeding in relation to any such trespass. _______________ S. 51 repealed by No. 8247 s. 5, new s. 51 inserted by No. 51/2004 s. 23. 51 Obstructing operational staff members s. 51 (1) A person must not assault, resist, obstruct, hinder or delay an operational staff member within the meaning of the Ambulance Services Act 1986 in the course of the operational staff member providing care or treatment or attempting to provide care or treatment to a patient. 6 months imprisonment. (2) Subsection (1) does not apply to a patient referred to in that subsection. No. 6337 s. 189. 52 Assaulting or resisting constables etc. S. 52(1) amended by Nos 8085 s. 3(1), 9554 s. 2(2)(Sch. 2 item 339), 12/1989 s. 4(1)(Sch. 2 item 115.12), 43/2011 s. 51(1), 37/2014 s. 10(Sch. item 160.17(a)). (1) Any person who assaults resists obstructs hinders or delays or incites or encourages any other person to assault resist obstruct hinder or delay a police officer or a protective services officer in the execution of his duty under this Act or otherwise, or any person lawfully assisting any such officer in the execution of his duty under this Act, or any member of the staff of the local authority in the execution of his duty under this Act shall be guilty of an offence.
S. 62 amended by Nos 7967 s. 3(a)(b), 9902 s. 2(1)(Sch. item 236), repealed by No. 10012 s. 3, new s. 62 inserted by No. 44/1997 s. 54, amended by No. 8/1998 s. 6 (ILA s. 39B(1)). 62 Transitional provisions (1) If on the commencement of section 55 of the Law and Justice Legislation Amendment Act 1997, section 57 of the Children's Services Act 1996 is not in operation, Schedule 1 to this Act has effect, until that section comes into operation, as if item 2 of that Schedule referred to a children's service centre within the meaning of Part XIA of the Health Act 1958 that directly receives any financial assistance from the State. S. 62(2) inserted by No. 8/1998 s. 6. (2) Section 53 as amended by section 5 of the Summary Offences (Amendment) Act 1998 applies only to offences committed after the commencement of that Act. S. 62(3) inserted by No. 80/2001 s. 6(2). (3) The amendment of section 53(6A) made by section 6(1) of the Sentencing (Emergency Service Costs) Act 2001 applies only to offences against section 53 alleged to have been committed on or after the commencement of the Sentencing (Emergency Service Costs) Act 2001. S. 62(4) inserted by No. 80/2001 s. 6(2). (4) For the purposes of subsection (3), if an offence is alleged to have been committed between two dates, one before and one after the commencement of the Sentencing (Emergency Service Costs) Act 2001, the offence is alleged to have been committed before that commencement. S. 62(5) inserted by No. 49/2008 s. 5. (5) Section 42 as amended by section 3(1) of the Summary Offences Amendment (Tattooing and Body Piercing) Act 2008 applies only to offences alleged to have been committed on or after the commencement of section 3(1) of that Act.
Assent Date: 10.5.77 Commencement Date: 1.9.77: Government Gazette 17.8.77 p. 2654 : All of Act in operation Statute Law Revision 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2(2) : All of Act in operation Summary Offences (Amendment) Act 1978, No. 9214/1978 Assent Date: 19.12.78 Commencement Date: 20.12.78: Government Gazette 20.12.78 p. 3886 : All of Act in operation Crimes (Sexual Offences) Act 1980, No. 9509/1980 Assent Date: 23.12.80 Commencement Date: 1.3.81: Government Gazette 4.2.81 p. 338 : All of Act in operation Summary Offences (Corporation Meetings) Act 1981, No. 9519/1981 Assent Date: 24.3.81 Commencement Date: 6.5.81: Government Gazette 6.5.81 p. 1434 : All of Act in operation Statute Law Revision Act 1981, No. 9549/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) : All of Act in operation Penalties and Sentences Act 1981, No. 9554/1981 (as amended by No. 9902/1983) Assent Date: 19.5.81 Commencement Date: S. 44 on 26.9.80: s. 1(3); ss 1, 36–46 on 3.6.81: Government Gazette 3.6.81 p. 1778; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799 : All of Act in operation Summary Offences (False Reports to Police) Act 1981, No. 9642/1981 Assent Date: 15.12.81 Commencement Date: 15.12.81 : All of Act in operation Director of Public Prosecutions Act 1982, No. 9848/1982 Assent Date: 21.12.82 Commencement Date: Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83 p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146 : All of Act in operation Endnotes Statute Law Revision Act 1983, No. 9902/1983
Assent Date: 18.5.04 Commencement Date: S. 56 on 2.11.08: Government Gazette 30.10.08 p. 2530 : This information relates only to the provision/s amending the Summary Offences Act 1966 Ambulance Services (Amendment) Act 2004, No. 51/2004 Assent Date: 22.6.04 Commencement Date: S. 23 on 5.8.04: Government Gazette 5.8.04 p. Interpretation of Legislation Act 1984 : This information relates only to the provision/s amending the Summary Offences Act 1966 Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005, No. 56/2005 Assent Date: 13.9.05 Commencement Date: Ss 4, 5 on 14.9.05: s. 2 : This information relates only to the provision/s amending the Summary Offences Act 1966 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 49) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Summary Offences Act 1966 Disability Act 2006, No. 23/2006 Assent Date: 16.5.06 Commencement Date: S. 249 on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Summary Offences Act 1966 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 39) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Summary Offences Act 1966 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 46) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Summary Offences Act 1966 Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006