SUMMARY OFFENCES ACT 1953 - SECT 54

SUMMARY OFFENCES ACT 1953 - SECT 54

54—Emitting excessive noise from vehicle by amplified sound equipment or other devices

        (1)         If excessive noise is emitted from a vehicle by amplified sound equipment or other devices, a police officer may—

            (a)         require the vehicle to stop; and

            (b)         require the driver and any other occupant of the vehicle to state his or her full name and address; and

            (c)         issue, in writing, a direction to the driver and any other occupant of the vehicle to immediately abate the excessive noise.

        (2)         A police officer who issues a direction to a person under subsection (1), must advise the person that, during the period of 6 months after the issue of the direction, it is an offence to cause or allow excessive noise to be emitted from a vehicle driven or otherwise occupied by the person by amplified sound equipment or other devices.

        (3)         Noise emitted from a vehicle is excessive for the purposes of this section if it is such as is likely to unreasonably disturb persons in the vicinity of the vehicle.

        (4)         If a police officer suspects on reasonable grounds that a name or address as stated in response to a requirement under subsection (1)(b) is false, he or she may require the person making the statement to produce evidence of the correctness of the name or address as stated.

        (5)         A person who—

            (a)         refuses or fails to comply with a requirement under subsection (1)(a) or (1)(b) or subsection (4); or

            (b)         in response to a requirement under subsection (1)(b) or subsection (4)—

                  (i)         states a name or address that is false; or

                  (ii)         produces false evidence of his or her name or address,

is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 6 months.

        (6)         A person who refuses or fails to comply with a direction under subsection (1)(c) is guilty of an offence.

Maximum penalty: $1 250.

        (7)         A person who has been issued with a direction under subsection (1)(c) must not, during the period of 6 months after the issue of the direction, cause or allow excessive noise to be emitted from a vehicle driven or otherwise occupied by the person by amplified sound equipment or other devices.

Maximum penalty: $1 250.

        (8)         In any proceedings for an offence against this section where it is alleged that excessive noise was emitted from a vehicle, evidence by a police officer that he or she formed the opinion based on his or her own senses that the noise emitted from a vehicle was such as was likely to unreasonably disturb persons in the vicinity of the vehicle constitutes proof, in the absence of proof to the contrary, that the noise was excessive.