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SUMMARY OFFENCES ACT 1953

Table of Provisions

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

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

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