Victorian Consolidated Legislation

Summary Offences Act 1966 - SECT 53

Making false reports to police etc.

53. Making false reports to police etc.





(1) Any person who falsely and with knowledge of the falsity of the report
voluntarily reports or causes to be reported to any member of the police force
that an act has been done or an event has occurred, which act or event as so
reported is such as calls for an investigation by a member of the police force
shall be guilty of an offence.

Penalty: 120 penalty units or imprisonment for 1 year.

(2) For the purposes of subsection (1)-

   (a)  voluntarily, in respect of a report by any person, means-

   (i)  of that person's own motion and volition; and

   (ii) otherwise than in the course of an interrogation made by a member of
        the police force; and

   (b)  causes to be reported includes creating any circumstances or doing any
        acts for the purpose of inducing or which induce some other person to
        report to a member of the police force that an act has been done or
        event occurred which calls for investigation by a member of the police
        force.

(3) Where a person is charged before a court of summary jurisdiction with an
offence against this section the court shall, as soon as the person is charged
and before any evidence has been given in support of the charge, cause the
person charged to be informed that he may object to being summarily dealt with
and may elect to be tried by a jury.

(4) Where a person charged with an offence against this section is not present
before the court upon the hearing the court may, if it thinks fit, adjourn the
hearing of the charge with a view of securing the attendance of that person,
if practicable, at the hearing of the charge, but nevertheless the court shall
have jurisdiction to deal summarily with the case in the absence of the person
charged.

(5) If before any evidence is given in support of the charge the person
charged objects to the charge being dealt with summarily by the court and
elects that he be tried by a jury the court shall hear and inquire into the
charge as if it had no jurisdiction finally to determine the matter and may
direct the person charged to be tried by a jury as aforesaid or discharge him.

(6) Any person directed to be tried as aforesaid shall notwithstanding any law
usage or practice to the contrary be tried upon presentment made as for an
indictable offence cognisable by the Supreme Court or the County Court.

(6A) In addition to and without derogating from section 86 of the
Sentencing Act 1991, if a court finds a person guilty of, or convicts a person
of, an offence against this section, the court may order the person to pay to
the informant a reasonable amount for any expenses, including remuneration
payable to any emergency service worker within the meaning of Division 2B of
Part 4 of the Sentencing Act 1991, incurred by the State arising out of or
incidental to the commission of the offence.

(6AB) In subsection (6A) remuneration, in relation to a person, includes long
service leave entitlements, holiday pay, superannuation contributions and any
other employment benefits.

(6AC) If a court decides to make an order under subsection (6A), subsections
(2), (3), (4), (7), (8) and (9) of section 86 of the Sentencing Act 1991 apply
as if-

   (a)  a reference to an order under subsection (1) were a reference to an
        order under subsection (6A); and

   (b)  a reference to compensation were a reference to expenses referred to
        in subsection (6A).

(6AD) An order under subsection (6A) must be taken to be a judgment debt due
by the offender to the informant and payment of any amount remaining unpaid
under the order may be enforced in the court by which it was made.



(6B) Any moneys received by the informant under subsection (6A) shall be paid
by him to the Consolidated Fund.