SUMMARY OFFENCES ACT 2005 No. 4 - SECT 6 6 Public nuisance
SUMMARY OFFENCES ACT 2005 No. 4 - SECT 6
6 Public nuisance(1) A person must not commit a public nuisance offence.
Maximum penalty--10 penalty units or 6 months imprisonment.
(2) A person commits a public nuisance offence if--
(a) the person behaves in--
(i) a disorderly way; or
(ii) an offensive way; or
(iii) a threatening way; or
(iv) a violent way; and
(b) the person's behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.
(3) Without limiting subsection (2)--
(a) a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and
(b) a person behaves in a threatening way if the person uses threatening language.
(4) It is not necessary for a person to make a complaint about the behaviour of another person before a police officer may start a proceeding against the person for a public nuisance offence.
(5) Also, in a proceeding for a public nuisance offence, more than 1 matter mentioned in subsection (2)(a) may be relied on to prove a single public nuisance offence.