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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Summary Offences Amendment
(Intoxicated and Disorderly Conduct)
Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Summary Offences Act 1988 No 25 3
Schedule 2 Amendments to other legislation 6
b2011-069-32.d16
New South Wales
Summary Offences Amendment
(Intoxicated and Disorderly Conduct)
Bill 2011
No , 2011
A Bill for
An Act to amend the Summary Offences Act 1988 and other legislation with respect
to intoxicated and disorderly conduct.
Summary Offences Amendment (Intoxicated and Disorderly Conduct)
Clause 1 Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Summary Offences Amendment (Intoxicated and 3
Disorderly Conduct) Act 2011. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
Page 2
Summary Offences Amendment (Intoxicated and Disorderly Conduct)
Bill 2011
Amendment of Summary Offences Act 1988 No 25 Schedule 1
Schedule 1 Amendment of Summary Offences Act 1
1988 No 25 2
[1] Section 3 Definitions 3
Insert after section 3 (3): 4
(4) Notes included in this Act do not form part of this Act. 5
[2] Section 9 6
Insert after section 8A: 7
9 Continuation of intoxicated and disorderly behaviour following 8
move on direction 9
(1) A person who: 10
(a) is given a move on direction for being intoxicated and 11
disorderly in a public place, and 12
(b) at any time within 6 hours after the move on direction is 13
given, is intoxicated and disorderly in the same or another 14
public place, 15
is guilty of an offence. 16
Maximum penalty: 6 penalty units. 17
(2) For the purposes of this section, a move on direction is a direction 18
given to a person by a police officer, under section 198 of the Law 19
Enforcement (Powers and Responsibilities) Act 2002, to leave a 20
public place and not return for a specified period. 21
Note. The maximum period for which a person can be directed not to 22
return to a public place is 6 hours. 23
It is a requirement under section 201 of the Law Enforcement (Powers 24
and Responsibilities) Act 2002 that the police officer warn a person given 25
a move on direction for being intoxicated and disorderly in a public place 26
that it is an offence to be intoxicated and disorderly in that or any other 27
public place at any time within 6 hours after the move on direction is 28
given. 29
(3) In proceedings for an offence against this section, it is necessary 30
to prove that a move on direction was given within 6 hours before 31
the person was found to be intoxicated and disorderly in a public 32
place, but it is not necessary to prove that the person contravened 33
the move on direction by being so intoxicated and disorderly in 34
the public place at the time concerned. 35
(4) A person cannot be proceeded against or convicted for both an 36
offence against this section and an offence against section 199 of 37
the Law Enforcement (Powers and Responsibilities) Act 2002 38
(Failure to comply with direction) in relation to the same conduct. 39
Page 3
Summary Offences Amendment (Intoxicated and Disorderly Conduct)
Bill 2011
Schedule 1 Amendment of Summary Offences Act 1988 No 25
(5) It is sufficient defence to a prosecution for an offence under this 1
section if the defendant satisfies the court that the defendant had 2
a reasonable excuse for conducting himself or herself in the 3
manner alleged in the information for the offence. 4
(6) For the purposes of this section, a person is intoxicated if: 5
(a) the person's speech, balance, co-ordination or behaviour is 6
noticeably affected, and 7
(b) it is reasonable in the circumstances to believe that the 8
affected speech, balance, co-ordination or behaviour is the 9
result of the consumption of alcohol or any drug. 10
[3] Section 36 11
Insert after section 35: 12
36 Report by Ombudsman on section 9 13
(1) As soon as practicable after the end of the period of 12 months 14
from the commencement of section 9 (as inserted by the 15
Summary Offences Amendment (Intoxicated and Disorderly 16
Conduct) Act 2011), the Ombudsman must prepare a report on: 17
(a) the operation of section 9, and 18
(b) the issue of penalty notices in respect of offences against 19
section 9. 20
(2) For that purpose, the Commissioner of Police is to ensure that the 21
Ombudsman is provided with information about: 22
(a) any prosecutions brought under section 9, and 23
(b) the issue of penalty notices in respect of offences against 24
section 9. 25
(3) The Ombudsman may at any time require the Commissioner of 26
Police, or any public authority, to provide any information or 27
further information the Ombudsman requires for the purposes of 28
preparing the report under this section. 29
(4) The Ombudsman must furnish a copy of the report to the 30
Attorney General and to the Commissioner of Police. 31
(5) The Attorney General is to lay (or cause to be laid) a copy of the 32
report before both Houses of Parliament as soon as practicable 33
after the Attorney General receives the report. 34
(6) If a House of Parliament is not sitting when the Attorney General 35
seeks to lay a report before it, the Attorney General may present 36
copies of the report to the Clerk of the House concerned. 37
Page 4
Summary Offences Amendment (Intoxicated and Disorderly Conduct)
Bill 2011
Amendment of Summary Offences Act 1988 No 25 Schedule 1
(7) The report: 1
(a) is, on presentation and for all purposes, taken to have been 2
laid before the House, and 3
(b) may be printed by authority of the Clerk of the House, and 4
(c) if so printed, is for all purposes taken to be a document 5
published by or under the authority of the House, and 6
(d) is to be recorded: 7
(i) in the case of the Legislative Council, in the Minutes 8
of the Proceedings of the Legislative Council, and 9
(ii) in the case of the Legislative Assembly, in the Votes 10
and Proceedings of the Legislative Assembly, 11
on the first sitting day of the House after receipt of the 12
report by the Clerk. 13
[4] Schedule 2 Savings and transitional provisions 14
Insert at the end of clause 1 (1): 15
Summary Offences Amendment (Intoxicated and Disorderly 16
Conduct) Act 2011 17
Page 5
Summary Offences Amendment (Intoxicated and Disorderly Conduct)
Bill 2011
Schedule 2 Amendments to other legislation
Schedule 2 Amendments to other legislation 1
2.1 Criminal Procedure Regulation 2010 2
Schedule 3 Penalty notice offences 3
Insert in appropriate order in Columns 1 and 2 of Schedule 3, under the matter 4
relating to the Summary Offences Act 1988: 5
section 9 $200
2.2 Law Enforcement (Powers and Responsibilities) Act 2002 6
No 103 7
[1] Section 198 Move on directions to intoxicated persons in public places 8
Omit section 198 (1) (a) and (b). Insert instead: 9
(a) is likely to cause injury to any other person or persons, 10
damage to property or otherwise give rise to a risk to 11
public safety, or 12
(b) is disorderly. 13
[2] Section 198 (2) 14
Omit the subsection. Insert instead: 15
(2) A direction given by a police officer under this section must be 16
reasonable in the circumstances for the purpose of: 17
(a) preventing injury or damage or reducing or eliminating a 18
risk to public safety, or 19
(b) preventing the continuance of disorderly behaviour in a 20
public place. 21
[3] Section 201 Supplying police officer's details and giving warnings 22
Insert after section 201 (2C): 23
(2D) In addition, if a police officer exercises a power that involves the 24
making of a direction under section 198 on the grounds that a 25
person is intoxicated and disorderly in a public place, the police 26
officer must provide the person the subject of the direction with 27
a warning that it is an offence to be intoxicated and disorderly in 28
that or any other public place at any time within 6 hours after the 29
direction is given. 30
Note. See section 9 of the Summary Offences Act 1988. 31
Page 6
Summary Offences Amendment (Intoxicated and Disorderly Conduct)
Bill 2011
Amendments to other legislation Schedule 2
[4] Section 206 Detention of intoxicated persons 1
Insert after section 206 (2): 2
(2A) However, a police officer may detain an intoxicated person under 3
this section even if behaviour constitutes an offence under 4
section 9 of the Summary Offences Act 1988 if the detention is 5
not for the purpose of taking proceedings for the offence. 6
Note. Section 9 of the Summary Offences Act 1988 makes it an offence 7
for a person who is the subject of a move on direction to be intoxicated 8
and disorderly in a public place. Part 8 of this Act would apply to a person 9
who is arrested for such an offence and detained for the purpose of 10
taking proceedings for the offence. 11
Page 7
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