Version No. 108 Summary Offences Act 1966 No. 7405 of 1966 Version incorporating amendments as at 1 August 2011 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 S. 2 repealed by No. 71/1993 s. 4(a).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;
S. 10(2) substituted by No. 8075 s. 2. (2) Upon any proceedings for an offence against subsection (1)— S. 10(2)(a) amended by No. 68/2009 s. 97(Sch. item 115.3). (a) the burden of proving any consent aforesaid shall be upon the accused; and (b) in the case of any placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature any person who appears to the satisfaction of the court to have authorized the publication thereof or to be in any manner concerned in the promotion or management of any business or entertainment or any sport, game, exhibition, or other event of a commercial nature whatsoever referred to therein shall, unless he satisfies the court that he did not post such placard, bill, sticker, poster, or document or authorize the posting thereof and that otherwise he had no knowledge of such posting, be deemed to have posted such placard, bill, sticker, poster, or document (as the case may be). s. 10 S. 10(3) inserted by No. 8075 s. 2. (3) Nothing in subsection (2) shall affect the liability under subsection (1) of any person who actually posts any such placard, bill, sticker, poster, or other document and the conviction of any other person in relation thereto shall not exonerate from any penalty under this section any person who actually so posts any such placard, bill, sticker, poster, or document. S. 10(4) inserted by No. 8075 s. 2, amended by No. 10/2004 s. 15(Sch. 1 item 30). (4) Any person who without the authority of the publisher of a placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature or of some person concerned in the promotion or management of any business, entertainment, sport, game, exhibition, or other event referred to therein posts the placard, bill,
For a second or subsequent penalty units or imprisonment for one month. S. 15 repealed by No. 8/1998 s. 4. * * * * * No. 6337 s. 25. S. 16 amended by No. 9554 s. 2(2)(Sch. 2 item 312). 16 Drunkards behaving in riotous or disorderly manner Any person who, while drunk— (a) behaves in a riotous or disorderly manner in a public place; S. 16(b) amended by No. 127/1986 s. 102(Sch. 4 item 27.1). (b) is in charge, in a public place, of a carriage (not including a motor vehicle within the meaning of the Road Safety Act 1986) or a horse or cattle or a steam engine— shall be guilty of an offence. 10 penalty units or imprisonment for two months. Obscene, Threatening, Insulting, Abusive, &c. Words and Behaviour No. 6337 s. 26. 17 Obscene, indecent, threatening language and behaviour etc. in public s. 16 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; 20 offence—
given in good faith by the chairman presiding at the meeting for the preservation of order at the meeting, such person shall be liable to be removed from the meeting if the meeting so resolves or where because the meeting has been so disrupted that it is not practicable to put such a resolution to the meeting the Chairman so directs. S. 17(4) inserted by No. 9519 s. 2. (4) Where a person is liable to be removed from a meeting under subsection (3) the Chairman may verbally direct any member of the police force who is present to remove such person from the hall, room or building in which the meeting is being held or the neighbourhood thereof and the member of the police force shall remove such person accordingly. S. 17A inserted by No. 92/2009 s. 6, amended by No. 18/2010 s. 52. 17A Disorderly conduct s. 17A Any person who behaves in a disorderly manner in a public place is guilty of an offence and liable to a penalty not exceeding 10 penalty units. Heading preceding s. 18 substituted by No. 9509 s. 11(2), repealed by No. 71/1993 s. 4(b). * * * * *
No. 6337 s. 40. S. 25 amended by Nos 57/1989 s. 3(Sch. item 190.4(a)–(c)), 68/2009 s. 97(Sch. item 115.5). 25 Conviction or dismissal a bar to criminal proceedings s. 25 If any person against whom a charge-sheet charging an offence against section 23 or section 24 has been filed has been convicted and has paid the whole amount adjudged to be paid or has suffered the imprisonment awarded in lieu thereof or for non-payment thereof or if the charge against that person has been dismissed in every such case he shall be released from all further or other criminal proceedings for the same cause; but any person so convicted shall remain liable to all civil proceedings in like manner as if he had not been so convicted. Property Suspected to be Stolen, &c. No. 6337 s. 42. 26 Unexplained possession of personal property reasonably suspected to be stolen S. 26(1) amended by Nos 7876 s. 2(3), 8226 s. 3(1), 70/1987 s. 7(a), 57/1989 s. 3(Sch. item 190.5(a)(b)). (1) Any person having in his actual possession or conveying in any manner any personal property whatsoever reasonably suspected of being stolen or unlawfully obtained whether in or outside Victoria may be arrested either with or without warrant and brought before a bail justice or the Magistrates' Court, or may be summoned to appear before the Magistrates' Court. (2) If such person does not in the opinion of the court give a satisfactory account as to how he came by such property he shall be guilty of an offence. Imprisonment for one year. (3) Upon proof that any property was or had been in the actual possession of such person or under his control and whether or not such person still has possession or control thereof when brought before
the complainant with two sufficient sureties in such amount as the court thinks reasonable conditioned to prosecute to conviction within the time aforesaid the person guilty of having stolen 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 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.
brought before it to give an account of the property. S. 33(2) amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 190.23). (2) If it appears by the admission of any person so brought before the Magistrates' Court or by proof on oath— s. 33 (a) that such last-mentioned person had possession of the property; or (b) that the property was on his premises— and if such person— (i) does not give a satisfactory account as to how he came by the property; or (ii) does not satisfy the court that he lawfully came by the property or that the property was on his premises without his knowledge or assent— he shall be liable to the punishment specified in the sections respectively under which the proceedings are taken. 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.
38 Taking or using vehicle without consent of owner etc. s. 38 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 s. 39 (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 (ii) in a specified manner—
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; s. 43 (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 No. 13/2010 s. 51(Sch. item 54.2). registered health practitioner means— (a) a registered health practitioner within the meaning of the Health Professions Registration Act 2005; (b) a person registered under the Health Practitioner Regulation National Law to practise a health profession; S. 43(1) def. of registered student substituted by No. 13/2010 s. 51(Sch. item 54.2). registered student means a person registered under the Health Practitioner Regulation National Law to practise a health profession as a student or a registered student within the meaning of the Health Professions Registration Act 2005;
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 No. 49/1991 s. 119(7) (Sch. 4 item 19.2). 47 Compensation For the purposes of section 59 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 s. 49A (1) A person must not beg or gather alms. 12 months imprisonment. (2) A person must not cause, procure or encourage a child to beg or gather alms. 12 months imprisonment. S. 49B inserted by No. 56/2005 s. 5. 49B Loitering with intent to commit an indictable offence (1) A person who— (a) is a known or reputed thief or is known or reputed to have committed drug-related offences; and (b) is loitering in a public place; and (c) is so loitering with intent to commit an indictable offence; and (d) while so loitering engages in conduct in the furtherance of the commission of that indictable offence— is guilty of an offence and liable to a term of imprisonment not exceeding 2 years. (2) In a proceeding for an offence against subsection (1), the informant may give or produce evidence— S. 49B(2)(a) amended by No. 68/2009 s. 97(Sch. item 115.10). (a) to prove that the accused is a known or reputed thief or is known or reputed to have committed drug-related offences; or 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 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 found guilty of, or who is reasonably suspected of having committed, an organised crime offence.
charged or may hear and determine the charge against both as the court thinks fit. No. 6337 s. 190. S. 56 (Heading) inserted by No. 68/2009 s. 97(Sch. item 115.15). 56 Who may file charge-sheet S. 56(1) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 115.13), 57/1989 s. 3(Sch. item 190.31), 46/1998 s. 7(Sch. 1), 68/2009 s. 97(Sch. item 115.16), 29/2010 s. 72(2). (1) Unless otherwise expressly provided any member of the police force or any inspector or other employee in the Department of Health or any member of the staff of any municipal council may file a charge-sheet charging an offence against any of the provisions of this Act. s. 55 S. 56(2) amended by No. 57/1989 s. 3(Sch. item 190.32). (2) No fee shall be payable on the issue of a summons to answer to a charge for an offence against this Act. No. 6337 s. 191. S. 57 amended by Nos 57/1989 s. 3(Sch. item 190.33), 68/2009 s. 97(Sch. item 115.17). 57 Neglect to prosecute If a person who has filed a charge-sheet charging an offence against this Act does not appear at the hearing or declines or neglects to proceed upon or prosecute the charge the court may authorize some other person to proceed upon or prosecute the charge or may authorize any other person to take proceedings. No. 6337 s. 192. S. 58 amended by No. 8179 s. 4, repealed by No. 16/2004 s. 56. * * * * *
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 Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971 Assent Date: 23.11.71 Commencement Date: 15.12.71: Government Gazette 15.12.71 p. 3845 : All of Act in operation Summary Offences (Amendment) Act 1971, No. 8226/1971 Assent Date: 14.12.71 Commencement Date: 14.12.71 : All of Act in operation Crimes (Powers of Arrest) Act 1972, No. 8247/1972 Assent Date: 6.4.72 Commencement Date: 1.7.72: Government Gazette 28.6.72 p. 2360 : All of Act in operation Police Offences Act 1972, No. 8267/1972 Assent Date: 9.5.72 Commencement Date: 9.5.72 : All of Act in operation Consumer Protection Act 1972, No. 8276/1972 Assent Date: 13.5.72 Commencement Date: Ss 1–4, Pts 1, 2 (except Divs 2, 3), 3 (except Div. 2), 4, 5 on 1.7.72; Divs 2, 3 of Pt 2, Div. 2 of Pt 3 on 13.7.72: see s. 2(2) of Act No. 8382 : All of Act in operation Endnotes Health (Contraceptives) Act 1974, No. 8642/1974 Assent Date: 17.12.74 Commencement Date: S. 7 on 1.9.75: Government Gazette 25.6.75 p. 2179 : This information relates only to the provision/s amending the Summary Offences Act 1966 Bail Act 1977, No. 9008/1977 Assent Date: 10.5.77 Commencement Date: 1.9.77: Government Gazette 17.8.77 p. 2654 : All of Act in operation Statute Law Revision 1977, No. 9019/1977 Assent Date: 17.5.77 Commencement Date: 17.5.77: subject to s. 2(2) : All of Act in operation Summary Offences (Amendment) Act 1978, No. 9214/1978