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SUMMARY OFFENCES ACT 1953

SUMMARY OFFENCES ACT 1953


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   4.      Interpretation
   5.      Proof of lawful authority and other matters

   PART 2--Offences with respect to police operations

   6.      Hindering police
   6AA.    Disclosure of criminal intelligence

   PART 3--Offences against public order

   6A.     Violent disorder
   7.      Disorderly or offensive conduct or language
   7A.     Obstructing or disturbing religious services etc
   8.      Challenges to fight and prize fights
   9A.     Supply of methylated spirits
   9B.     Sale of drug paraphernalia
   10.     Offence to consume etc dogs or cats
   11A.    Avoiding payment of entrance fee
   12.     Begging alms
   13.     Consorting
   16.     Possession of instruments for gaming or cheating
   17.     Being on premises for an unlawful purpose
   17AA.   Misuse of a motor vehicle on private land
   17A.    Trespassers on premises
   17AB.   Trespassers etc at private parties
   17AC.   Authorised persons
   17B.    Interference with gates and fences
   17C.    Disturbance of farm animals
   17D.    Forcible entry or retention of land or premises
   18.     Loitering
   18A.    Public meetings
   20.     Permitting drunkenness and disorderly conduct
   21.     Permitting premises to be frequented by thieves etc

   PART 3A--Weapons etc

   21A.    Interpretation
   21B.    Body armour
   21C.    Offensive weapons and dangerous articles etc
   21D.    Unlawful selling or marketing of knives
   21E.    Knives in schools and public places
   21F.    Prohibited weapons
   21G.    Information relating to knife related injuries
   21H.    Weapons prohibition order issued by Commissioner
   21I.    Effect of weapons prohibition order
   21J.    Right of appeal to District Court
   21K.    Reports relating to weapons prohibition orders
   21L.    Power to search for prohibited weapons
   21M.    Forfeiture
   21N.    General amnesty
   21O.    Regulations

   PART 3B--Liquor etc

   21OA.   Interpretation
   21OB.   Possession, transportation of liquor for sale
   21OC.   Supply etc of liquor in certain areas
   21OD.   Designated areas
   21OE.   Evidence
   21OF.   Regulations

   PART 4--Tattooing, body piercing and body modification

   21P.    Interpretation and application
   21Q.    Performance of body modification procedures on intoxicated persons prohibited
   21R.    Performance of certain procedures on minors prohibited
   21S.    Pre-conditions to performing certain procedures
   21T.    Sale of body modification equipment to minors prohibited
   21U.    Display of information
   21V.    Record keeping
   21W.    Offence to make false statement or produce false evidence

   PART 5--Offences against decency and morality

   22.     Indecent language
   23.     Indecent behaviour and gross indecency
   23A.    Certain acts not an offence
   24.     Urinating etc in a public place
   25.     Soliciting
   25A.    Procurement for prostitution
   26.     Living on the earnings of prostitution

   PART 5A--Filming and sexting offences

   26A.    Interpretation
   26B.    Humiliating or degrading filming
   26C.    Distribution of invasive image
   26D.    Indecent filming
   26DA.   Threat to distribute invasive image or image obtained from indecent filming
   26E.    General provisions

   PART 6--Brothels

   27.     Interpretation
   28.     Keeping and managing brothels
   29.     Permitting premises to be used as brothels
   30.     Prosecutions
   31.     Determination of tenancy of brothels
   32.     Power of police to enter suspected brothels

   PART 7--Indecent or offensive material

   33.     Indecent or offensive material
   35.     Restriction on reports of immorality etc

   PART 7A--Extremist material

   36.     Interpretation
   36A.    Extremist material
   37.     Possession, production or distribution of extremist material
   38.     Forfeiture

   PART 8--Fraud, unlawful possession etc

   38A.    Sale of books and educational matter
   39.     Valueless cheques
   40.     Acting as a spiritualist, medium etc with intent to defraud
   41.     Unlawful possession of personal property

   PART 9--Offences with respect to property

   43.     Interference with railways and similar tracks
   44.     Unlawful operation of computer system
   44A.    Unauthorised impairment of data held in credit card or on computer disk or other device
   45.     Using vehicles or animals without consent of owner
   46.     Interference with ships and boats without consent
   47.     Interference with homing pigeons
   47A.    Dog theft
   48A.    Advertising rewards for the return of property stolen or lost

   PART 10--Nuisances and annoyances

   50.     Unlawfully ringing doorbells
   51.     Throwing missiles
   52.     Throwing fireworks
   53.     Playing games so as to cause damage
   54.     Emitting excessive noise from vehicle by amplified sound equipment or other devices
   56.     Depositing or leaving dead animals in streets etc
   57.     Depositing rubbish on land
   58.     Obstruction of public places
   58A.    Objectionable persons in public passenger vehicles
   58B.    Sale of certain refrigerators etc

   PART 11--Control of traffic on special occasions

   59.     Regulation of traffic in certain cases

   PART 11A--Disrespectful conduct in court

   60.     Disrespectful conduct in court

   PART 12--Bribery of police

   61.     Bribery

   PART 13--False reports to police

   62.     False reports to police
   62A.    Creating false belief as to events calling for police action

   PART 14--Proceedings by councils for certain offences

   65.     Payment of certain fines

   PART 14A--Consorting prohibition notices

   66.     Interpretation
   66A.    Senior police officer may issue consorting prohibition notice
   66B.    Form of notice
   66C.    Service of notice
   66D.    Application for review
   66E.    Variation or revocation of consorting prohibition notice
   66F.    Appeal
   66G.    Revocation of notice by Commissioner
   66H.    Applications by or on behalf of child
   66I.    Evidence etc
   66J.    Criminal intelligence
   66K.    Offence to contravene or fail to comply with notice

   PART 14B--Declared public precincts

           Division 1--Declared public precincts

   66L.    Limitation on action
   66M.    Public order and safety
   66N.    Declaration of public precinct

           Division 2--Maintaining public order and safety in declared public precinct

   66O.    Request to leave declared public precinct
   66P.    Offensive or disorderly conduct
   66Q.    Offensive weapons and dangerous articles
   66R.    Power to conduct metal detector searches etc
   66S.    Power to carry out general drug detection
   66T.    Declared public precinct barring order
   66U.    Hindering police

           Division 3--Power to remove children from dangerous situations

   66V.    Power to remove children from dangerous situations

   PART 15--Police powers of entry, search etc

   67.     General search warrants
   68.     Power to search suspected vehicles, vessels, and persons
   68A.    Power to search land for stolen vehicles etc
   69.     Power to board vessels
   70.     Power to stop and search vessels
   71.     Power to apprehend persons committing offences on board ships
   72.     Interpretation
   72A.    Power to conduct metal detector searches etc
   72B.    Special powers to prevent serious violence
   72C.    General provisions relating to exercise of powers under section 72A or 72B
           72D. Explosives offences--special powers
   72E.    Explosives offences--analysis and evidence
   72F.    Annual report on explosives powers
   73.     Power of police to remove disorderly persons from public venues
   74.     Power to enter licensed premises etc
   74A.    Power to require statement of name and other personal details
   74AB.   Questions as to identity of drivers etc
   74B.    Road blocks
   74BAA.  Vehicle immobilisation devices
   74BAAB. Use of detection aids in searches

   PART 16--Fortifications

   74BA.   Interpretation
   74BB.   Fortification removal order
   74BC.   Content of fortification removal order
   74BD.   Service of fortification removal order
   74BE.   Right of objection
   74BF.   Procedure on hearing of notice of objection
   74BG.   Appeal
   74BGA.  Criminal intelligence
   74BH.   Withdrawal notice
   74BI.   Enforcement
   74BJ.   Hindering removal or modification of fortifications
   74BK.   Liability for damage
   74BL.   Delegation
   74BM.   Application of Part

   PART 16A--Access to data held electronically

   74BN.   Interpretation
   74BO.   Interaction with other Acts or laws
   74BP.   Extraterritorial operation
   74BQ.   Order not required if information or assistance provided voluntarily
   74BR.   Order to provide information or assistance to access data held on computer etc
   74BS.   Application for order
   74BT.   Order required in urgent circumstances
   74BU.   Criminal Intelligence
   74BV.   Service of order
   74BW.   Effect and operation of order
   74BX.   Impeding investigation by interfering with data
   74BY.   Reporting
   74BZ.   Review of Part

   PART 17--Recording of interviews

           Division 1--Interpretation

   74C.    Interpretation

           Division 2--Recording interviews with suspects

   74D.    Obligation to record interviews with suspects
   74E.    Admissibility of evidence of interview

           Division 3--Recording interviews with certain vulnerable witnesses

   74EA.   Application and interpretation
   74EB.   Obligation to record interviews with certain vulnerable witnesses
   74EC.   Admissibility of evidence of interview

           Division 4--Miscellaneous

   74F.    Prohibition on playing recordings of interviews
   74G.    Non-derogation
   74H.    Regulations

   PART 18--Arrest

   75.     Power of arrest
   76.     Arrest by owner of property etc
   77.     Arrest of persons pawning or selling stolen goods
   78.     Person apprehended without warrant--how dealt with
   78A.    Power of arrest in cases of certain offences committed outside the State
   79.     Arrest without warrant if warrant has been issued
   79A.    Rights on arrest
   79B.    Removal and storage of vehicle in case of arrest of driver
   80.     Power of entry and search in relation to fires and other emergencies
   81.     Power to search, examine and take particulars of persons
   82.     General powers, privileges, duties etc of police
   82A.    Prohibition on use of spit hoods

   PART 19--Right to an interpreter

   83A.    Right to an interpreter

   PART 20--Miscellaneous

   83B.    Dangerous areas
   83BA.   Overcrowding at public venues
   83C.    Special powers of entry
   85.     Regulations
           SCHEDULE 1--General search warrant
           SCHEDULE 2--Exempt persons--prohibited weapons
           Legislative history