CRIMES ACT 1900 - SECT 394 Noise abatement directions
CRIMES ACT 1900 - SECT 394
Noise abatement directions(1) If it appears to a police officer that offensive noise is being, or has at any time during the previous 30 minutes been, emitted from any premises, he or she may—
(a) direct the person whom he or she believes to be the occupier of those premises to cause the emission of the noise to cease; or
(b) direct any person whom he or she believes to be making, or contributing to the making of, the noise to cease making, or contributing to the making of, the noise;
or he or she may give directions under both paragraphs (a) and (b).
(2) A person commits an offence if the person––
(a) is given a direction under subsection (1) (a); and
(b) fails to comply with the direction.
Maximum penalty: 10 penalty units.
(3) An offence against subsection (2) is a strict liability offence.
(4) A person commits an offence if the person––
(a) is given a direction under subsection (1) (a); and
(b) causes or allows any offensive noise to be emitted from the premises within the 6-hour period after the direction was given.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(5) A person commits an offence if the person––
(a) is given a direction under subsection (1) (b); and
(b) the person––
(i) fails to comply with the direction; or
(ii) makes, or contributes to the making of, any offensive noise emitted from the premises within the 6-hour period after the direction was given.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(6) A person shall not be convicted of an offence against this section unless the prosecution establishes that the noise to which the alleged offence relates was an offensive noise.
(7) If a police officer believes on reasonable grounds that a person has committed an offence against subsection (2), (4) or (5), the officer may seize anything (other than an animal) that the officer suspects on reasonable grounds was used in, or in connection with, committing the offence.
(8) However, the police officer may seize the thing under subsection (7) only if the police officer has told the person, before the offence against subsection (2), (4) or (5) was committed, that failure to comply with the direction, or resumption of conduct contrary to the direction within 6 hours after the direction was given, may lead to the thing being seized.
(9) If a police officer seizes anything under subsection (7), the officer must give the occupier of the premises, or the person from whom the thing was seized, a written notice that—
(a) describes the thing seized; and
(b) states the police station where the thing will be taken; and
(c) states that the thing may be claimed from that police station not earlier than 48 hours after the seizure.
(10) If a police officer seizes anything under subsection (7), then, not earlier than 48 hours after the seizure, the occupier of the premises from which the thing was seized, or the owner of the thing, is entitled to its return from the police station where the thing has been taken if the person produces the notice under subsection (9) or anything else that provides satisfactory proof that the person is entitled to its possession.
(11) However, if—
(a) a person is charged with an offence against this section; and
(b) the chief police officer or director of public prosecutions believes, on reasonable grounds, that something seized by a police officer under subsection (7) may provide evidence of the offence;
no-one is entitled to its return until the prosecution for the offence has been finally decided.
(12) In this section:
"offensive noise" means noise that, because of its level or nature, or the time when it is made, or any other circumstances, is likely to be harmful or offensive to, or to interfere unreasonably with the comfort or repose of, persons who are—
(a) if the noise is made in premises other than a public place—outside the premises; or
(b) if the noise is made in premises that are a public place—within or outside the premises.
premises include any place, vehicle or vessel.