S. 6B(1) amended by Nos 37/2014 s. 10(Sch. item 160.5(a)), 55/2014 s. 179(1). (1) A police officer or a protective services officer who intends to give a person a direction to move on may request the person to state the person's name and address. S. 6B(2) amended by Nos 37/2014 s. 10(Sch. item 160.5(b)), 55/2014 s. 179(2). (2) A police officer or a protective services officer who makes a request under subsection (1) must inform the person of the police officer's or the protective services officer's intention to give the person a direction to move on. S. 6B(3) amended by Nos 37/2014 s. 10(Sch. item 160.5(c)), 55/2014 s. 179(3). (3) A person must not, in response to a request made by a police officer or a protective services officer in accordance with this section— (a) refuse or fail to comply with the request without a reasonable excuse for not doing so; or (b) state a name or address that is false in a material particular. Penalty: 5 penalty units. S. 6B(4) amended by Nos 37/2014 s. 10(Sch. item 160.5(d)), 55/2014 s. 179(4). (4) A person who is requested to state his or her name or address may request the police officer or the protective services officer who made the request to state, orally or in writing, the police officer's or the protective services officer's name, rank and place of duty. S. 6B(5) amended by Nos 37/2014 s. 10(Sch. item 160.5(e)(i)), 55/2014 s. 179(5)(a). (5) A police officer or a protective services officer must not, in response to a request under subsection (4)— (a) refuse or fail to comply with the request, including refusing or failing to answer the request in writing if specifically requested to do so; or
Authority Act 1958 during a fire danger period within the meaning of that Act. s. 11 (4) This section does not affect the right of any person to sue for and recover at common law or otherwise compensation for or in respect of any damage caused by reckless or negligent use of fire. Heading following s. 11 repealed by No. 70/2013 s. 3(Sch. 1 item 54). S. 12 amended by Nos 9554 s. 2(2)(Sch. 2 item 309), 9928 s. 12, repealed by No. 5/2012 s. 117.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 s. 13 Any person found drunk in a public place shall be guilty of an offence. 8 penalty units.
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. (2) An application— (a) may be made without notice to any other person; and (b) must be supported by evidence on oath or by affidavit. (3) If satisfied that the applicant may be entitled to possession of the cattle, the Court constituted by a registrar may make an order directing the person who has possession or control of the cattle— (a) to deliver them to the applicant; and (b) to refrain from disposing of them except in accordance with paragraph (a) pending any further hearing of the application. (4) An order under subsection (3) must be served on the person to whom it is directed within 7 days after the making of the order. (5) Subject to this section, an order under subsection (3)(a) takes effect 7 days after service and an
For a second or subsequent penalty units or imprisonment for six months. S. 34(2) amended by Nos 9902 s. 2(1)(Sch. item 234), 57/1989 s. 3(Sch. item 190.29). s. 34 (2) If any person to whom any property is offered to be sold pawned or delivered has reasonable cause to suspect that an offence referred to in the last preceding subsection has been committed in respect of the property, he may arrest without a warrant and with all convenient speed take before a bail justice or the Magistrates' Court the person offering the property together with the property to be dealt with according to law; and in every such case the stolen property shall by order of the court by which the case is heard and determined be delivered over to the rightful owner, if known, or if the rightful owner is not known shall be sold and the proceeds of the sale shall be paid into and form part of the Consolidated Fund. Heading preceding s. 35 and s. 35 repealed by No. 7786 s. 2. * * * * * Heading preceding s. 36 repealed by No. 9902 s. 2(1)(Sch. item 235). * * * * * S. 36 amended by No. 7967 s. 2, repealed by No. 8276 s. 70(1). * * * * * Passing Valueless Cheques No. 6337 s. 58. 37 Obtaining goods etc. by valueless cheque s. 37
person with impaired sight to overcome that impairment; distribute includes— (a) publish, exhibit, communicate, send, supply or transmit to any other person, whether to a particular person or not; and (b) make available for access by any other person, whether by a particular person or not; s. 40 genital or anal region, in relation to a person, means the person's genital or anal region whether bare or covered by underwear; S. 40 def. of intimate image inserted by No. 74/2014 s. 24. intimate image means a moving or still image that depicts— (a) a person engaged in sexual activity; or (b) a person in a manner or context that is sexual; or (c) the genital or anal region of a person or, in the case of a female, the breasts; S. 40 def. of law enforcement officer amended by No. 37/2014 s. 10(Sch. item 160.13). law enforcement officer means— s. 41 (a) a police officer or a member of the police force or police service of any other State or of the Northern Territory; or (b) a member of the Australian Federal Police; or (c) a member of staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth; place includes land, premises and a vehicle;
S. 41F(a)(ii) amended by No. 74/2014 s. 27. (ii) will afford evidence about the commission of an offence against section 41A, 41B, 41C, 41DA or 41DB; and S. 41F(b) amended by No. 74/2014 s. 27. (b) that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against section 41A, 41B, 41C, 41DA or 41DB. 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. 41H (1) In this section— give, in relation to food or drink, includes—
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 Reform Act 1998 or a corresponding law of another State or a Territory;
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. 49C inserted by No. 56/2005 s. 5. 49C Being disguised with unlawful intent s. 49C 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
120 penalty units or imprisonment for 12 months. No. 6337 s. 189A. 53 Making false reports to police etc. S. 53(1) amended by Nos 9554 s. 2(2)(Sch. 2 item 341), 9642 s. 2(1), 8/1998 s. 5(1), 43/2011 s. 52(1), 37/2014 s. 10(Sch. item 160.18). (1) Any person who falsely and with knowledge of the falsity of the report voluntarily reports or causes to be reported to any police officer or to a protective services officer that an act has been done or an event has occurred, which act or event as so reported is such as calls for an investigation by a police officer or a 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 Nos 43/2011 s. 52(2)(a), 37/2014 s. 10(Sch. item 160.18). (ii) otherwise than in the course of an interrogation made by a police officer or a protective services officer; and S. 53(2)(b) amended by Nos 43/2011 s. 52(2)(b)(c), 37/2014 s. 10(Sch. item 160.18). (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 police officer or to a protective services officer that an act has been done or event occurred which calls for investigation by a police officer or a protective services officer.
Table of Amendments This Version incorporates amendments made to the Summary Offences Act 1966 by Acts and subordinate instruments. Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 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