(m) any race-course cricket ground football ground or other such place while members of the public are present or are permitted to have access thereto whether with or without payment for admission; (n) any place of public resort; (o) any open place to which the public whether upon or without payment for admittance have or are permitted to have access; or (p) any public place within the meaning of the words "public place" whether by virtue of this Act or otherwise; road includes and applies to every road street or bridge; S. 3 def. of Scheduled public place inserted by No. 44/1997 s. 53(1). Scheduled public place means a public place described in Schedule 1; section means section of this Act; town means a populous area or place. _______________ Division 1—Public order Offences Relating to the Good Order
(c) except in the case of a warning under subsection (1)(f), by sending written notice of it by certified mail addressed to the person at his or her usual or last known place of residence. S. 9(1E) inserted by No. 44/1997 s. 53(3). (1E) A person may commit an offence against paragraph (g) of subsection (1) even though he or she had a right to enter that place in a manner other than that described in that paragraph. S. 9(2) amended by No. 49/1991 s. 119(7) (Sch. 4 item 19.1). (2) For the purposes of section 86 of the Sentencing Act 1991 the cost of repairing or making good anything spoiled or damaged in contravention of this section shall be deemed to be loss or damage suffered in relation thereto. (3) Nothing contained in this section shall extend to any case where the person offending acted under a fair and reasonable supposition that he had a right to do the act complained of or to any trespass (not being wilful and malicious) committed in hunting or the pursuit of game. S. 9A inserted by No. 36/1988 s. 9, repealed by No. 10/2003 s. 15. * * * * * Bill Posting, &c. 10 Posting bills etc. and defacing property S. 10(1) amended by No. 9554 s. 2(2)(Sch. 2 item 307). (1) Any person who posts any placard bill sticker or other document on or writes or paints on or otherwise defaces any road bridge or footpath or any house building hoarding wall fence gate tree tree-guard post pillar hydrant fire-alarm petrol pump or other structure whatsoever without the consent of the occupier or owner of the premises concerned or of any person or body having
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(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. 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.
Division 3—Illegal taking or using of vehicles 38 Taking or using vehicle without consent of owner etc. S. 38(1) amended by Nos 9554 s. 2(2)(Sch. 2 item 330), 127/1986 s. 102(Sch. 4 item 27.2). (1) Any person who takes or in any manner uses a vehicle (including a bicycle but not including a motor vehicle within the meaning of the Road Safety Act 1986) or a boat ship or other vessel the property of any other person without the consent of the owner or person in lawful possession thereof shall be guilty of an offence. 15 penalty units or imprisonment for three months. (2) Nothing in this section shall affect any other liability civil or criminal of any person guilty of an offence against this section. Pt 1 Div. 4 (Heading and ss 39–41) repealed by No. 8642 s. 7(b). New Pt 1 Div. 4 (Heading and s. 39) inserted by No. 44/1999 s. 32. Division 4—Advertising of live sexually-explicit entertainment S. 39 inserted by No. 44/1999 s. 32. 39 Advertising regulations (1) The Governor in Council may make regulations for or with respect to— (a) the size, form and content of advertisements for live sexually-explicit entertainment; (b) prohibiting the advertising— (i) in a specified publication or specified class of publication; or
Pt 1 Div. 4A (Heading) amended by No. 74/2014 s. 23. Pt 1 Div. 4A (Heading and ss 4041G) inserted by No. 49/2007 s. 3. Division 4A—Observation or visual capturing of genital or anal region and distribution of intimate images New s. 40 inserted by No. 49/2007 s. 3. 40 Definitions In this Division— child means a person under the age of 18 years; S. 40 def. of community standards of acceptable conduct inserted by No. 74/2014 s. 24. community standards of acceptable conduct, in relation to the distribution of an intimate image, includes standards of conduct having regard to the following— (a) the nature and content of the image; (b) the circumstances in which the image was captured; (c) the circumstances in which the image was distributed; (d) the age, intellectual capacity, vulnerability or other relevant circumstances of a person depicted in the image; (e) the degree to which the distribution of the image affects the privacy of a person depicted in the image; S. 40 def. of consent inserted by No. 74/2014 s. 24. consent means free agreement;
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 (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; harm includes impair the senses or understanding of a person in a way that the person might reasonably be expected to object to in the circumstances; impair includes further impair; intoxicating substance includes any substance that affects a person's senses or understanding. (2) A person— (a) who gives another person (the victim), or causes the victim to be given or to consume, food or drink that contains an intoxicating substance; and
S. 49B(2)(b) amended by No. 68/2009 s. 97(Sch. item 115.10). (b) to rebut any evidence (including evidence as to general character) given by or on behalf of the accused. S. 49C inserted by No. 56/2005 s. 5. 49C Being disguised with unlawful intent A person must not with unlawful intent— (a) be disguised or have a blackened face; or (b) have an article of disguise in his or her custody or possession. 2 years imprisonment. S. 49D inserted by No. 56/2005 s. 5. 49D Possessing housebreaking implements (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. (3) In this section— organised crime offence means an indictable offence against the law of , irrespective of when the offence was or is suspected to have been committed, that is punishable by level 5 imprisonment (10 years maximum) or more and that— (a) involves 2 or more offenders; and (b) involves substantial planning and organisation; and (c) forms part of systemic and continuing criminal activity; and (d) has a purpose of obtaining profit, gain, power or influence. _______________ Matches No. 6337 s. 223. 50 Prohibition of use of certain kinds of matches in specified localities in certain months
(1) The Governor in Council by Order published in the Government Gazette may prohibit in any locality specified in the Order during all or any of the months from November to April (both inclusive) the sale offering for sale distribution or use of any matches other than those so made as to strike only on a preparation affixed to the containing box or to a box containing the same description of matches. (2) The Governor in Council may in like manner rescind revoke amend or vary any Order under this section. S. 50(3) amended by No. 9554 s. 2(2)(Sch. 2 item 337). (3) Any person who sells offers for sale distributes or uses any matches in contravention of an Order under this section shall be guilty of an offence. 1 penalty unit. S. 50(4) amended by Nos 6/1987 s. 5(1)(Sch. item 7), 92/1990 s. 128(Sch. 1 item 28), 63/2006 s. 61(Sch. item 29). (4) Nothing in this section shall apply to matches used or for use in any mine within the meaning of the Mineral Resources (Sustainable Development) Act 1990. Heading preceding s. 50A inserted by No. 8065 s. 2. Trespass for certain Purposes S. 50A inserted by No. 8065 s. 2. 50A Trespass—land used for primary production (1) In this section unless inconsistent with the context or subject-matter primary production means
No. 6337 s. 195. S. 59 amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.34). 59 Procedure Unless otherwise expressly provided all charges for or in respect of offences against this Act shall be heard and determined by the Magistrates' Court. No. 6337 s. 204. S. 60 amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.35(a)(b)), 68/2009 s. 97(Sch. item 115.18). 60 Offences of more serious nature not to be dealt with under this Act If the Magistrates' Court is of the opinion that an offence against this Act alleged before it does not properly come within the meaning and intention of this Act but that an offence of a more serious or heinous kind has been committed the court may refuse to entertain or to further entertain the charge and may proceed as if the more serious or more heinous offence had been charged in the charge-sheet before the court whether the person charged has or has not pleaded thereto. S. 60AA inserted by No. 33/2003 s. 4. 60AA Power to serve infringement notice S. 60AA(1) amended by Nos 92/2009 s. 7(1), 37/2014 s. 10(Sch. item 160.18). (1) A police officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against section 6, 13, 14, 17A or 18. Note to s. 60AA(1) substituted by No. 92/2009 s. 7(2). Note Section 6 deals with persons who are in a public place and are directed to move on. Section 13 deals with persons who are found drunk in a public place. Section 14 deals with persons who are drunk and disorderly in a public place. Section 17A deals with disorderly behaviour by a person in a public place.
Section 18 deals with offensive behaviour by a person in a motor vehicle in a declared area. S. 60AA(1A) inserted by No. 9/2008 s. 9(1), amended by No. 37/2014 s. 10(Sch. item 160.18). (1A) A police officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against the following sections— S. 60AA (1A)(a) amended by No. 21/2008 s. 28, repealed by No. 27/2011 s. 6(1). * * * * * (b) section 17(1)(c); (c) section 17(1)(d). S. 60AA(1AB) inserted by No. 43/2011 s. 54(1). (1AB) A protective services officer may serve an infringement notice on any person who he or she has reason to believe has committed at or in the vicinity of a designated place an offence against— (a) section 6, 13, 14, or 17A; or (b) section 17(1)(c) or (1)(d). S. 60AA(1B) inserted by No. 9/2008 s. 9(1), amended by No. 43/2011 s. 54(2). (1B) An infringement notice under subsection (1A) or (1AB)(b) must not be served on a person who is under 18 years of age at the time of the alleged offence. S. 60AA(2) substituted by No. 32/2006 s. 94(Sch. item 46(2)), amended by No. 9/2008 s. 9(2). (2) An offence referred to in subsection (1) or (1A) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
S. 60AB(3) inserted by No. 92/2009 s. 8, substituted by No. 18/2010 s. 53. (3) Despite subsection (1) the infringement penalty for an alleged offence against section 6 for which an infringement notice may be served is 2 penalty units. S. 60AB(4) inserted by No. 18/2010 s. 53, amended by No. 12/2011 s. 10(1). (4) Despite subsection (1) the infringement penalty for an alleged offence against section 13 or 17A for which an infringement notice may be served is 4 penalty units. S. 60AB(5) inserted by No. 12/2011 s. 10(2). (5) Despite subsection (1) the infringement penalty for an alleged offence against section 14 for which an infringement notice may be served is— (a) 5 penalty units; or (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 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 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. 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.
2 Table of Amendments This publication incorporates amendments made to the Summary Offences Act 1966 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Summary Offences Act 1967, No. 7635/1967 Assent Date: 19.12.67 Commencement Date: 19.12.67 : All of Act in operation Summary Offences (Sunday Newspapers) Act 1969, No. 7786/1969 Assent Date: 1.4.69 Commencement Date: 24.4.69: Government Gazette 23.4.69 p. 1075 : All of Act in operation Summary Offences Act 1969, No. 7854/1969 Assent Date: 14.10.69 Commencement Date: 19.12.69: Government Gazette 19.12.69 p. 4136 : All of Act in operation Justices (Amendment) Act 1969, No. 7876/1969 Assent Date: 25.11.69 Commencement Date: S. 2(3)(Sch.) on 1.4.70: Government Gazette 25.2.70 p. 463 : This information relates only to the provision/s amending the Summary Offences Act 1966 Country Fire Authority (Amendment) Act 1969, No. 7877/1969 Assent Date: 25.11.69 Commencement Date: 25.11.69 : All of Act in operation Summary Offences Act 1970, No. 7967/1970 Assent Date: 13.4.70 Commencement Date: 13.4.70 : All of Act in operation Summary Offences (Trespass to Farms) Act 1970, No. 8065/1970 Assent Date: 22.12.70 Commencement Date: 27.1.71: Government Gazette 27.1.71 p. 200 : All of Act in operation Summary Offences Act 1970, No. 8075/1970 Assent Date: 22.12.70 Commencement Date: 22.12.70 : All of Act in operation Summary Offences (Trespasses) Act 1970, No. 8085/1970 Assent Date: 22.12.70 Commencement Date: 22.12.70 : All of Act in operation