S. 3 def. of designated place inserted by No. 43/2011 s. 47, substituted by No. 37/2014 s. 10(Sch. item 160.1(b)). designated place has the same meaning as in the Victoria Police Act 2013; S. 3 def. of information repealed by No. 57/1989 s. 3(Sch. item 190.1(a)). * * * * * S. 3 def. of local authority amended by Nos 9019 s. 2(1)(Sch. item 214), 12/1989 s. 4(1)(Sch. 2 items 115.1–115.3), 57/1989 s. 3(Sch. item 190.1(b)). local authority means— (a) the council of any municipal district; (b) any member of the staff of any such council authorized in writing by the council to exercise any of the powers and discretions conferred on a local authority by this Act; or s. 3 (c) in the case of any portion of that is not part of any municipal district—the nearest venue of the magistrates' court; S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 160.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; S. 3 def. of protective services officer inserted by No. 43/2011 s. 47, substituted by No. 37/2014 s. 10(Sch. item 160.1(c)). protective services officer has the same meaning as in the Victoria Police Act 2013;
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;
Obscene, Threatening, Insulting, Abusive, &c. Words and Behaviour No. 6337 s. 26. 17 Obscene, indecent, threatening language and behaviour etc. in public s. 17 S. 17(1) amended by Nos 9509 s. 11(1), 9554 s. 2(2)(Sch. 2 item 313) (as amended by No. 9902 s. 2(1)(Sch. item 194(a)(b)), 9945 s. 3(1) (Sch. 1 item 100). (1) Any person who in or near a public place or within the view or hearing of any person being or passing therein or thereon— (a) sings an obscene song or ballad; S. 17(1)(b) amended by No. 8267 s. 6. (b) writes or draws exhibits or displays an indecent or obscene word figure or representation; (c) uses profane indecent or obscene language or threatening abusive or insulting words; or (d) behaves in a riotous indecent offensive or insulting manner— shall be guilty of an offence. 10 penalty units or imprisonment for two months; For a second offence—15 penalty units or imprisonment for three months; For a third or subsequent penalty units or imprisonment for six months. S. 17(2) amended by No. 37/2014 s. 10(Sch. item 160.8). (2) Where in the opinion of the chairman presiding at a public meeting any person in or near the hall room or building in which the meeting is being held— s. 17 offence—
S. 27(2) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.8(a)(b)), 37/2014 s. 10(Sch. item 160.10). (2) Whenever a police officer finds any such articles on the premises or in the possession of any person or persons and has reasonable cause to suspect that any of such articles has been stolen or unlawfully taken or obtained he may bring all such articles before the Magistrates' Court and also may summon such a person to appear before the Magistrates' Court or arrest such a person and bring him or her before a bail justice or the Magistrates' Court. S. 27(3) amended by No. 9554 s. 2(2)(Sch. 2 item 319). (3) Any person on whose premises or in whose possession any such article is so found who, after proof of the matters referred to in subsection (1) or subsection (2) of this section, does not satisfy the court before which he is brought or appears that he came lawfully by the article or that the article was on his premises without his knowledge or assent shall be guilty of an offence. 25 penalty units or imprisonment for six months. No. 6337 s. 44. S. 28 amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. items 190.9(a)–(f), 190.10, 190.11(a)(b)), substituted by No. 71/1993 s. 3. 28 Recovery of possession of stolen cattle s. 28 (1) A person claiming to be entitled to the possession of cattle which— (a) have been reported to the police as having been stolen not more than 12 months before the application; and (b) are in the possession or under the control of another person— may apply to the Magistrates' Court for an order for delivery of the cattle.
S. 30(2) amended by Nos 7876 s. 2(3), 9554 s. 2(2)(Sch. 2 item 321), 57/1989 s. 3(Sch. item 190.14). (2) If the skin or carcass or any part of the skin or carcass of any cattle is found in the possession of any person or on the premises of any person with his knowledge and such person being summoned before the Magistrates' Court does not satisfy the court that he came lawfully by that skin or carcass or part thereof he shall be guilty of an offence. 25 penalty units or imprisonment for six months. S. 30(3) amended by Nos 9554 s. 2(2)(Sch. 2 item 322), 57/1989 s. 3(Sch. item 190.15), 40/1993(Sch. 2 item 11.1), 46/2008 s. 288. s. 30 (3) An inspector may demand the skins of any cattle whatsoever that have been or that appear from the record book required to be kept by or under the Meat Industry Act 1993 at a meat processing facility licensed under that Act to have been slaughtered within one month previously to the date of such demand or a full and satisfactory account showing to whom any such skin has been sold or in what manner disposed of, and every person who upon such demand refuses or neglects to produce such skin or in the case the skin cannot be produced to give a full and satisfactory account of how and in what manner the skin has been disposed of shall be guilty of an offence. 5 penalty units. S. 30(4) amended by No. 9554 s. 2(2)(Sch. 2 item 323). (4) Any person who destroys the skin of any cattle or cuts out burns or otherwise destroys or defaces a brand which has been upon such skin and any person who is in possession of any skin from which a brand has been cut or burnt or otherwise destroyed or defaced without being able to give a satisfactory account thereof shall be guilty of an offence. 5 penalty units.
S. 30 (Proviso) amended by Nos 9902 s. 2(1)(Sch. item 233), 46/1998 s. 7(Sch. 1), 29/2010 s. 72(1). Provided that all moneys arising from fines penalties and forfeitures imposed under this section and recovered by an employee or inspector in the Department of Health shall form part of the Consolidated Fund. 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 s. 31 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.
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.
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).
S. 49D inserted by No. 56/2005 s. 5. 49D Possessing housebreaking implements s. 49D (1) A person must not, without lawful excuse, have an implement of housebreaking in his or her custody or possession. 2 years imprisonment. S. 49D(2) amended by No. 68/2009 s. 97(Sch. item 115.11). (2) The accused bears the burden of proving lawful excuse for having custody or possession of any implement to which a charge of an offence against subsection (1) relates. S. 49E inserted by No. 56/2005 s. 5. 49E Escaping from lawful custody A person must not escape or attempt to escape from— (a) any place in which he or she is being lawfully detained; or (b) any person in whose legal custody he or she is or by whom he or she is being lawfully detained. 2 years imprisonment. S. 49F inserted by No. 56/2005 s. 5. 49F Consorting (1) A person must not, without reasonable excuse, habitually consort with a person who has been found guilty of, or who is reasonably suspected of having committed, an organised crime offence. 2 years imprisonment. S. 49F(2) amended by No. 68/2009 s. 97(Sch. item 115.12). (2) The accused bears the burden of proving reasonable excuse for habitual consorting to which a charge of an offence against subsection (1) relates.
s. 53 S. 53(4) repealed by No. 68/2009 s. 97(Sch. item 115.14). * * * * * S. 53(5) repealed by No. 7/2009 s. 436 (as amended by No. 68/2009 s. 54(v)). * * * * * S. 53(6) amended by No. 9019 s. 2(1)(Sch. item 215), repealed by No. 7/2009 s. 436 (as amended by No. 68/2009 s. 54(v)). * * * * * 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). s. 53 (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)
(b) in the case of— (i) a person who has within the previous 3 years been served with an infringement notice under section 60AA in respect of an alleged offence against section 14 (whether or not the infringement penalty set out in the notice has been paid)—10 penalty units; or (ii) a person who has been convicted of an offence against section 14—10 penalty units. S. 60AC inserted by No. 12/2011 s. 11. 60AC Partial exclusion of the operation of the expiation principle s. 60AC To the extent necessary to give effect to section 60AB(5)(b), sections 32 and 33 of the Infringements Act 2006 do not apply. Ss inserted by No. 33/2003 s. 4, repealed by No. 32/2006 s. 94(Sch. item 46(4)). * * * * * S. 60A inserted by No. 101/1986 s. 60(1), amended by No. 24/1990 s. 15. 60A Forfeiture of weapons or instruments A court that convicts a person of an offence under section 24(2) may order that the weapon or instrument be forfeited to Her Majesty and be sold or destroyed as specified in the order. S. 61 amended by No. 9902 s. 2(1)(Sch. item 236). 61 Proceeds of sale of forfeited property to be paid to Consolidated Fund s. 60A The proceeds of the sale of any property forfeited to Her Majesty under the provisions of this Act shall be paid into and form part of the Consolidated Fund.
Prostitution Control (Amendment) Act 1999, No. 44/1999 Assent Date: 8.6.99 Commencement Date: S. 32 on 8.6.99: s. 2(1) : This information relates only to the provision/s amending the Summary Offences Act 1966 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 121) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Summary Offences Act 1966 Sentencing (Emergency Service Costs) Act 2001, No. 80/2001 Assent Date: 4.12.01 Commencement Date: S. 6 on 5.12.01: s. 2 : This information relates only to the provision/s amending the Summary Offences Act 1966 Auction Sales (Repeal) Act 2001, No. 84/2001 Assent Date: 11.12.01 Commencement Date: S. 13 on 1.1.03: s. 2(4) : This information relates only to the provision/s amending the Summary Offences Act 1966 Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003 Assent Date: 6.5.03 Commencement Date: S. 15 on 7.5.03: s. 2 : This information relates only to the provision/s amending the Summary Offences Act 1966 Summary Offences (Offensive Behaviour) Act 2003, No. 33/2003 Assent Date: 27.5.03 Commencement Date: 27.5.04: s. 2(2) : All of Act in operation Cemeteries and Crematoria Act 2003, No. 80/2003 Assent Date: 11.11.03 Commencement Date: S. 183 on 1.7.05: s. 2 : This information relates only to the provision/s amending the Summary Offences Act 1966 Monetary Units Act 2004, No. 10/2004 Assent Date: 11.5.04 Commencement Date: S. 15(Sch. 1 item 30) on 1.7.04: s. 2(2) : This information relates only to the provision/s amending the Summary Offences Act 1966 Endnotes Crimes (Controlled Operations) Act 2004, No. 16/2004
Assent Date: 29.8.06 Commencement Date: S. 61(Sch. item 29) on 30.8.06: s. 2(1) : This information relates only to the provision/s amending the Summary Offences Act 1966 Endnotes Summary Offences Amendment (Upskirting) Act 2007, No. 49/2007 Assent Date: 25.9.07 Commencement Date: 26.9.07: s. 2 : All of Act in operation Criminal Procedure Legislation Amendment Act 2008, No. 8/2008 Assent Date: 18.3.08 Commencement Date: S. 17 on 1.7.08: s. 2(5) : This information relates only to the provision/s amending the Summary Offences Act 1966 Infringements and Other Acts Amendment Act 2008, No. 9/2008 Assent Date: 18.3.08 Commencement Date: S. 9 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1 : This information relates only to the provision/s amending the Summary Offences Act 1966 Justice Legislation Amendment Act 2008, No. 21/2008 Assent Date: 2.6.08 Commencement Date: S. 28 on 1.7.08: s. 2(7) : This information relates only to the provision/s amending the Summary Offences Act 1966 Public Health and Wellbeing Act 2008, No. 46/2008 Assent Date: 2.9.08 Commencement Date: S. 288 on 1.1.10: s. 2(2) : This information relates only to the provision/s amending the Summary Offences Act 1966 Summary Offences Amendment (Tattooing and Body Piercing) Act 2008, No. 49/2008 Assent Date: 15.9.08 Commencement Date: Ss 3–5 on 1.1.09: s. 2(2) : This information relates only to the provision/s amending the Summary Offences Act 1966 Crimes Legislation Amendment (Food and Drink Spiking) Act 2009, No. 1/2009 Assent Date: 10.2.09 Commencement Date: S. 4 on 11.2.09: s. 2 : This information relates only to the provision/s amending the Summary Offences Act 1966 Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)
Assent Date: 10.3.09 Commencement Date: S. 436 on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Summary Offences Act 1966 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 115) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Summary Offences Act 1966 Endnotes Summary Offences and Control of Weapons Acts Amendment Act 2009, No. 92/2009 Assent Date: 15.12.09 Commencement Date: Ss 3–8 on 16.12.09: s. 2 : This information relates only to the provision/s amending the Summary Offences Act 1966 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 54) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Summary Offences Act 1966 Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, No. 18/2010 Assent Date: 18.5.10 Commencement Date: Ss 50–53 on 1.7.10: Government Gazette 1.7.10 p. 1359 : This information relates only to the provision/s amending the Summary Offences Act 1966 Health and Human Services Legislation Amendment Act 2010, No. 29/2010 Assent Date: 8.6.10 Commencement Date: S. 72 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1 : This information relates only to the provision/s amending the Summary Offences Act 1966 Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010 Assent Date: 28.9.10 Commencement Date: S. 81(Sch. item 13) on 1.11.10: s. 2(2) : This information relates only to the provision/s amending the Summary Offences Act 1966 Justice Legislation Amendment Act 2011, No. 12/2011
Date of Making: 23.4.74 Date of Commencement: 23.4.74 Endnotes Metric Conversion (Summary Offences Act 1966 No. 2) Regulations 1974, S.R. No. 302/1974 Date of Making: 25.6.74 Date of Commencement: 25.6.74 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.