Version No. 130 Summary Offences Act 1966 No. 7405 of 1966 Version incorporating amendments as at 5 April 2018 An Act to re-enact with Amendments the Law relating to certain Police Offences. BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): S. 1 amended by Nos 8642 s. 7(a), 74/2000 s. 3(Sch. 1 item 121.1). 1 Short title, commencement and division This Act may be cited as the Summary Offences Act 1966 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette. S. 2 repealed by No. 71/1993 s. 4(a). * * * * * No. 6337 s. 3. 3 Definitions In this Act unless inconsistent with the context or subject-matter— animal includes every species of quadruped and every species of bird whether in a natural or domestic state; cattle includes any horse mare gelding ass bull cow ox ram ewe wether pig goat and every hybrid or cross thereof and the young of any such animals;
Destroying, Damaging or Injuring Property—Trespass No. 6337 s. 20. 9 Wilful destruction, damage etc. of property S. 9(1) amended by No. 9554 s. 2(2)(Sch. 2 item 306). (1) Any person who— S. 9(1)(a) amended by No. 81/1989 s. 3(Sch. item 51.2). (a) destroys damages pollutes or obstructs any aqueduct dam sluice pipe pump waterway pond pool or fountain; (b) being an artificer workman journeyman or apprentice wilfully damages spoils or destroys any goods wares work or material committed to his care or charge; S. 9(1)(c) amended by No. 8/2008 s. 17. (c) wilfully injures or damages any property (whether private or public) the injury done being under the value of $5000; or S. 9(1)(d) amended by Nos 8085 s. 2(1)(a)(b), 44/1997 s. 53(2)(a)(b). (d) wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or a person authorized by or on behalf of the owner or occupier; or S. 9(1)(e) inserted by No. 44/1997 s. 53(2)(b). (e) without express or implied authority given by the owner or occupier or given on behalf of the owner or occupier by a person authorised to give it or without any other lawful excuse, wilfully enters any private place or Scheduled public place, unless for a legitimate purpose; or S. 9(1)(f) inserted by No. 44/1997 s. 53(2)(b). (f) neglects or refuses to leave a private place or Scheduled public place after being warned to
do so by the owner or occupier or a person authorised to give that warning on behalf of the owner or occupier, unless the person has a lawful excuse; or S. 9(1)(g) inserted by No. 44/1997 s. 53(2)(b). (g) without lawful excuse, enters any place (whether private or public) in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace— shall be guilty of an offence. 25 penalty units or imprisonment for six months. S. 9(1A) inserted by No. 8085 s. 2(2), amended by No. 68/2009 s. 97(Sch. item 115.2). (1A) In any proceedings for an offence against subsection (1) the statement on oath of any person that he is or was at any stated time the owner or occupier of any place or a person authorized by or on behalf of the owner or occupier thereof shall be evidence until the contrary is proved by or on behalf of the accused that such person is or was the owner or occupier of that place or a person authorized by or on behalf of the owner or occupier thereof (as the case requires). S. 9(1B) inserted by No. 44/1997 s. 53(3). (1B) A person may commit an offence against paragraph (d), (e), (f) or (g) of subsection (1) even though he or she did not intend to take possession of the place. S. 9(1C) inserted by No. 44/1997 s. 53(3). (1C) Without limiting paragraph (e) of subsection (1), examples of circumstances in which a person does not have express or implied authority to enter a place are— (a) the person enters that place after having been previously warned not to enter by the owner or occupier or a person authorised to give such a warning on behalf of the owner or occupier; or
S. 12 amended by Nos 9554 s. 2(2)(Sch. 2 item 309), 9928 s. 12, repealed by No. 5/2012 s. 117. * * * * * Offences relating to Drunkenness No. 6337 s. 23. S. 13 amended by Nos 9554 s. 2(2)(Sch. 2 item 310), 92/2009 s. 4, 18/2010 s. 50, 43/2011 s. 49. 13 Persons found drunk Any person found drunk in a public place shall be guilty of an offence. 8 penalty units. No. 6337 s. 24. S. 14 amended by Nos 9554 s. 2(2)(Sch. 2 item 311), 92/2009 s. 5, 18/2010 s. 51, 12/2011 s. 9, 43/2011 s. 49. 14 Persons found drunk and disorderly Any person found drunk and disorderly in a public place shall be guilty of an offence. Penalty: For a first offence—20 penalty units or imprisonment for three days; For a second or subsequent penalty units or imprisonment for one month. S. 15 repealed by No. 8/1998 s. 4, new s. 15 inserted by No. 43/2011 s. 50. 15 Arrest of person found drunk or drunk and disorderly (1) A person found drunk, or drunk and disorderly, in a public place may be arrested by— offence—
S. 30(10) amended by Nos 9902 s. 2(1)(Sch. item 233), 10262 s. 4, 12/1989 s. 4(1)(Sch. 2 item 115.8), 125/1993 s. 20(11)(b), 46/1998 s. 7(Sch. 1), 29/2010 s. 72(1). (10) In this section inspector includes any inspector or acting or assistant inspector of the Department of Health or any environmental health officer of a council. No. 6337 s. 47. S. 31 amended by Nos 7876 s. 2(3), 9554 s. 2(2)(Sch. 2 item 326), 57/1989 s. 3(Sch. item 190.19). 31 Possession of property from wrecks If any goods merchandise or articles belonging to a ship or vessel in distress or wrecked stranded or cast on shore are found in the possession of any person or on the premises of any person with his knowledge and such person being taken or summoned before the Magistrates' Court does not satisfy the court that he came lawfully by the same such person shall be liable to a penalty over and above the value of the goods merchandise or articles of not more than 25 penalty units or to imprisonment for a term of not more than six months. No. 6337 s. 48. 32 Offering property from wrecks for sale S. 32(1) amended by Nos 7876 s. 2(3), 9554 s. 2(2)(Sch. 2 item 327), 10087 s. 3(1)(Sch. 1 item 242), 57/1989 s. 3(Sch. item 190.20). (1) Any person who offers or exposes for sale any goods merchandise or articles which have been unlawfully taken or obtained or are reasonably suspected to have been unlawfully taken or obtained from a ship or vessel in distress or wrecked stranded or cast on shore, and who being summoned to appear before the Magistrates' Court does not appear and satisfy the court that he came lawfully by the same shall pay such sum as the court fixes as a reasonable reward to the person
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 Reform Act 1998 or a corresponding law of another State or a Territory; (b) a driver licence or learner permit issued to the person under the Road Safety Act 1986 or a corresponding law of another State or a Territory; (c) a passport issued to the person by any country; (d) a document that— (i) bears a photograph of the person; and (ii) states the person's age or date of birth; and (iii) is issued by a person, or by or on behalf of a government department or an agency, approved by the Minister under subsection (2); S. 43(1) def. of registered health practitioner substituted by Nos 13/2010 s. 51(Sch. item 54.2), 27/2012 s. 26(1). registered health practitioner means a person registered under the Health Practitioner Regulation National Law to practise a health profession;
No. 6337 s. 225. S. 46 amended by No. 9554 s. 2(2)(Sch. 2 item 335). 46 Destruction of homing pigeons 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.
S. 53(6A) inserted by No. 9642 s. 3, substituted by No. 8/1998 s. 5(2), amended by No. 80/2001 s. 6(1). (6A) In addition to and without derogating from section 86 of the Sentencing Act 1991, if a court finds a person guilty of, or convicts a person of, an offence against this section, the court may order the person to pay to the informant a reasonable amount for any expenses, including remuneration payable to any emergency service worker within the meaning of Division 2B of Part 4 of the Sentencing Act 1991, incurred by the State arising out of or incidental to the commission of the offence. S. 53(6AB) inserted by No. 8/1998 s. 5(2). (6AB) In subsection (6A) remuneration, in relation to a person, includes long service leave entitlements, holiday pay, superannuation contributions and any other employment benefits. S. 53(6AC) inserted by No. 8/1998 s. 5(2). (6AC) If a court decides to make an order under subsection (6A), subsections (2), (3), (4), (7), (8) and (9) of section 86 of the Sentencing Act 1991 apply as if— (a) a reference to an order under subsection (1) were a reference to an order under subsection (6A); and (b) a reference to compensation were a reference to expenses referred to in subsection (6A). S. 53(6AD) inserted by No. 8/1998 s. 5(2). (6AD) An order under subsection (6A) must be taken to be a judgment debt due by the offender to the informant and payment of any amount remaining unpaid under the order may be enforced in the court by which it was made. S. 53(6B) inserted by No. 9642 s. 3. (6B) Any moneys received by the informant under subsection (6A) shall be paid by him to the Consolidated Fund.
S. 62(6) inserted by No. 49/2008 s. 5. (6) For the purposes of subsection (5), if an offence is alleged to have been committed between two dates, one before and one after the commencement of section 3(1) of the Summary Offences Amendment (Tattooing and Body Piercing) Act 2008, the offence is alleged to have been committed before that commencement. S. 62(7) inserted by No. 68/2009 s. 97(Sch. item 115.19). (7) Section 53 as amended by section 436 of the Criminal Procedure Act 2009 applies to an offence alleged to have been committed on or after the commencement of section 436 of that Act. S. 62(8) inserted by No. 68/2009 s. 97(Sch. item 115.19). (8) For the purposes of subsection (7), if an offence is alleged to have been committed between two dates, one before and one on or after the commencement of section 436 of the Criminal Procedure Act 2009, the offence is alleged to have been committed before that commencement. S. 62(9) inserted by No. 15/2014 s. 6. (9) This Act, as amended by section 5 of the Summary Offences and Sentencing Amendment Act 2014, applies in respect of a direction given under section 6 on or after the commencement of that Act. S. 62(10) inserted by No. 6/2015 s. 8. (10) Section 6A as in force immediately before its repeal by the Summary Offences Amendment (Move-on Laws) Act 2015 continues to apply in respect of an arrest made under that section before the commencement of the Summary Offences Amendment (Move-on Laws) Act 2015. S. 62(11) inserted by No. 6/2015 s. 8. (11) An exclusion order made under Division 1B of Part I and in effect immediately before the commencement of the Summary Offences Amendment (Move-on Laws) Act 2015 ceases to have effect on that commencement.