Version No. 113 Summary Offences Act 1966 No. 7405 of 1966 Version incorporating amendments as at 16 July 2012 table of provisions Section Page 1 Short title, commencement and division 1 2 Repealed 1 3 Definitions 1 5 Division 1—Public order 5 Offences Relating to the Good Order 5 4 Offences relating to the good order of towns etc. 5 5 Obstruction of footpath etc. 6 Division 1A—Move-on powers 7 6 Direction to move on 7 Division 2—General 9 Offences tending to Personal Injury, or Damage to Property, &c. 9 7 Offences tending to personal injury or damage to property 9 Offences relating to Horse-drawn Vehicles, Public Vehicles, Animals, &c. 10 8 Offences relating to horse-drawn vehicles, public vehicles, animals etc. 10 Destroying, Damaging or Injuring Property—Trespass 11 9 Wilful destruction, damage etc. of property 11 9A Repealed 14 Bill Posting, &c. 15 10 Posting bills etc. and defacing property 15 Fire 17 11 Lighting of fires in the open air 17
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 (if any) who has seized the same, and shall also 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 be imprisoned for a term of not more than six months. S. 32(2) amended by No. 57/1989 s. 3(Sch. item 190.21). (2) In every such case any person to whom any such goods merchandise or articles are offered for sale or any member of the police force may seize the same and shall with all convenient speed cause the same to be removed to, or notice of such seizure to be given to, the Magistrates' Court. No. 6337 s. 49. 33 Examination of persons through whose hands property has passed s. 33 S. 33(1) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.22). (1) In any proceedings under any of the provisions of sections 26 to 32 (both inclusive) in which any person is required— (a) to give a satisfactory account as to how he came by any property; (b) to satisfy the court that he lawfully came by any property; or (c) to satisfy the court that any property was on his premises without his knowledge or assent—
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.
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
protective services officer shall be guilty of an offence. 120 penalty units or imprisonment for 1 year. S. 53(2) substituted by No. 9642 s. 2(2). (2) For the purposes of subsection (1)— (a) voluntarily, in respect of a report by any person, means— (i) of that person's own motion and volition; and S. 53(2)(a)(ii) amended by No. 43/2011 s. 52(2)(a). (ii) otherwise than in the course of an interrogation made by a member of the police force or a protective services officer; and S. 53(2)(b) amended by No. 43/2011 s. 52(2)(b)(c). (b) causes to be reported includes creating any circumstances or doing any acts for the purpose of inducing or which induce some other person to report to a member of the police force or to a protective services officer that an act has been done or event occurred which calls for investigation by a member of the police force or a protective services officer. S. 53(3) repealed by No. 7/2009 s. 436 (as amended by No. 68/2009 s. 54(v)). * * * * * 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) 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
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: 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 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