1993—No. 343 (NSW)

1993—No. 343

JUSTICES ACT 1902—REGULATION

(Justices (Short Descriptions of Miscellaneous Offences) Regulation 1993)

NEW SOUTH WALES

[Published in Gazette No. 84 of 30 July 1993]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Justices Act 1902, has been pleased to make the Regulation set forth hereunder.

J. P. HANNAFORD, M.L.C.,

Minister for Justice.

Citation

1. This Regulation may be cited as the Justices (Short Descriptions of Miscellaneous Offences) Regulation 1993.

Commencement

2. This Regulation commences on 1 August 1993.

Short descriptions of various offences under certain legislation

3. (1) For the purposes of section 145B (2) of the Justices Act 1902,

the prescribed expression in relation to a summary offence specified in Column 1 of Schedule 1 is the expression set out opposite that offence in Column 2 of the Schedule.

(2) If a choice of words is indicated in Column 2 of Schedule 1, the words remaining after the omission of the words irrelevant to the offence constitute the prescribed expression.

(3) In this Regulation, a reference to a provision in Schedule 1 in

relation to an offence is a reference to that provision as in force at the
time the offence is alleged to have occurred.

1993—No. 343

SCHEDULE 1 (Cl. 3)

Column 1	Column 2
Offence	Prescribed expression

Offences under the Crimes Act 1900

Section 353B—carrying razor, razor blade or other cutting weapon when apprehended for any crime or offence or immediately before being apprehended	carry cutting weapon
Section 527A—obtain or attempt to obtain money, valuable thing or benefit by wilful false	obtain money/valuable

thing/benefit by wilful

representation	false representation
Section 527C (1) (a )—have any thing in custody which may be reasonably suspected of being	unlawfully obtained goods

(personal custody)

unlawfully obtained

Section 527C (1) (b)—have any thing in the custody of another person which may be unlawfully obtained goods

(in another’s custody)

reasonably suspected of being unlawfully

obtained

Section 527C (1) (c)—have any thing, in or on premises, which may be reasonably suspected unlawfully obtained goods

(in/on premises)

of being unlawfully obtained

Section 527C (1) (d)—give custody of any thing which may be reasonably suspected of being give unlawfully obtained

goods to person not

unlawfully obtained to person not entitled Section 546C—resist or hinder, or incite another entitled

resist police/hinder

to assault, resist or hinder, a member of the	police/incite another to
police force in execution of duty	assault/resist/hinder police
Section 547B—knowingly falsely represent to police that an act has been, or wiil be, done or	falsely represent to police

act/event calling for

an event has occurred or will occur, being an	investigation
act or event that calls for police investigation Section 547C—being in or near a building without	peep/pry

reasonable cause with intent to peep or pry on
another person

Offences under the Drug Misuse and Trafficking Act 1985

Section 10 (1)—possess a prohibited drug	possess prohibited drug
Section 11 (1)—possess item of equipment for use	possess equipment to
in administration of prohibited drug	administer prohibited drug

1993—No. 343

Column 1 Column 2

Offence Prescribed expression

Section 11A (2) (a)—sell a waterpipe	sell waterpipe
Section 11A (2) (b)—supply a waterpipe in the course of or in connection with a commercial	supply waterpipe

(commercial transaction)

transaction

Section 11A (3) (a)—display for commercial purpose a waterpipe in a shop	display waterpipe in shop
Section 11A (3) (b)—display for commercial purpose a waterpipe near but in connection	display waterpipe in

connection with shop

with a shop

Section 12 (1)—administer or attempt to self administer/attempt to

administer prohibited drug to self self administer prohibited
drug

Section 13 (1)—administer or attempt to administer prohibited drug to another person administer/attempt to

administer prohibited drug

to another

Offences under the Gaming and Betting Act

1912

Section 5 (1)—frequent, use or be in any street for the purpose of betting frequent/use/be in street for

betting

Section 5 (1)—being a bookmaker, make or use

agent, clerk or servant to make, any bet in or
on any street

street betting by bookmaker

Section 5 (1)—being an agent, clerk or servant of a bookmaker, make any bet in or on any street

street betting by

bookmaker’s

on bookmaker’s behalf agent/clerk/servant

Section 5 (4)—bet in street with person frequenting, using or in that street for purpose bet in street with

bookmaker/bookmaker’s

of betting or with bookmaker, bookmaker’s	agent/clerk/servant/person
agent, clerk or servant	frequent ng/using/i n street for betting

Section 18 (1) (a)—organise or conduct or assist in organising or conducting an unlawful game organise/conduct/assist in

organising/assist in

or any trick of sleight of hand conducting unlawful game/sleight of hand

Section 19—give or sell a ticket or chance, or a share in a ticket or chance, in an unlawful give/sell ticket/chance/share

in ticket/share in chance

game in unlawful game

Section 20—play at or bet on an unlawful game or any trick of sleight of hand play at/bet on unlawful

game/sleight of hand

1993—No. 343

Column 1	Column 2
Offence	Prescribed expression

Section 21 (1)—being owner or occupier of a place, knowingly allow place to be used as a owner/occupier allow place

to be used as

gaming-house	gaming- house
Section 23 (1)—organise or conduct or assist in organising or conducting a gaming-house	organise/conduct/assist in

organising/conducting

gaming-house

Section 24 (1)—be in a gaming-house without lawful excuse	be in gaming-house
Section 44 (1)—open, keep or use place for betting, or knowingly or wilfully permit place	open/keep/use place for

betting/permit place to be

to be opened, kept or used for betting or assist

opened/kept/used for

in conducting such a place

betting/assist in running
place opened/kept/used
for betting

Section 44 (2)—be in betting-house without lawful excuse

be in betting-house

Offences under the Inclosed Lands Protection Act 1901

Section 4 (1)—enter into inclosed lands of any

other person, without consent of owner,
occupier or person apparently in charge

enter inclosed lands

Section 4 (1)—remain on inclosed lands of any other person, after being requested to leave by owner, occupier or person apparently in charge

remain on inclosed lands

Section 4A—remain on inclosed lands and behave in offensive manner on inclosed lands of

offensive conduct on

inclosed lands

another person, after being requested to leave by owner, occupier or person apparently in charge

Offences under the Innkeepers Act 1968

Section 9—on demand of payment by innkeeper or servant, fail or refuse to pay for meal or	fail	/refuse to pay for
meal/accommodation

accommodation supplied at inn

Section 9—on demand of payment by innkeeper or servant, by actions avoid such demand or avoid demand to pay/make

demand to pay impossible

render such demand impossible and fail to pay	for meal/accommodation
for meal or accommodation supplied at inn

1993—No. 343

Column 1 Column 2

Offence Prescribed expression

Offences under the Liquor Act 1982

Section 103 (3)—fail to leave licensed premises on request of the licensee, the licensee’s fail to leave licensed premises

employee or a police officer

Section 129 (1) (a)—on demand of payment, refuse or fail to pay for supply on licensed fail/refuse to pay for liquor/meal/

premises of liquor, meal or accommodation accommodation

Section 129 (1) (b)—avoid demand of payment for supply on licensed premises of liquor, meal avoid demand to pay for

liquor/meal/

or accommodation accommodation

Offences under the Poisons Act 1966

Section 9A—knowingly by false representation, obtain or attempt to obtain any substance obtain/attempt to obtain

substance by false

specified in Schedule One, Two, Three or Four	representation
of the Poisons List from a medical practitioner, pharmacist, dentist, veterinary surgeon or the holder of a licence issued under Part 3 of the Act or from any other person

Section 16 (1)—possess or attempt to possess restricted substance possess/attempt to possess

restricted substance

Section 16 (2)—forge or fraudulently alter prescription forge/fraudulently alter

prescription

Section 16 (2)—utter prescription knowing it to be forged or fraudulently altered utter forged/fraudulently

altered prescription

Section 16 (3) (a) (i)—knowingly by false representation, obtain or attempt to obtain any obtain/attempt to obtain

prescription falsely

prescription from a medical practitioner, dentist	represent to
or veterinary surgeon	doc tor/den t i st/ve t

Section 16 (3) (b)—possess forged or fraudulently altered prescription knowing it to be forged or possess forged/fraudulently

altered prescription

so altered

Section 16 (3) (b)—possess prescription obtained possess prescription obtained

in contravention of section 16 (3) (a) knowing	contrary to Act
it to be so obtained

Section 34 (1)—supply any poison in any street or from house to house supply poison in street/from house to house

1993—No. 343

Column 1	Column 2
Offence	Prescribed expression

Section 34 (1)—hawk, peddle, or distribute free or as samples, any poison in any street, public hawk poison/peddle

poison/distribute poison

place or from house to house	free/as samples in street/public place/from house to house
Section 43 (4) (a)—wilfully delay or obstruct any member of the police force or other person in	delay/obstruct

police/authorised person

the exercise of powers under section 43 (1)

Offences under the Police Offences Act 1901

Section 108—assault or resist any special constable in execution of duty assault/resist special

constable

Offences under the Prisons Act 1952

Section 37—without lawful authority, bring or attempt by any means to introduce into prison bring/attempt to introduce

liquor/drug into

or prison complex spirituous or fermented	prison/prison complex
liquor or drug

Offences under the Sydney Cricket Ground and Sydney Football Stadium By-law 1986

Clause 14 (1)—enter or remain on a playing field within the Ground enter/remain on playing field

within Ground

NOTE

TABLE OF PROVISIONS

1. Citation
2. Commencement

3. Short descriptions of various offences under certain legislation

SCHEDULE 1

1993—No. 343

EXPLANATORY NOTE

The object of this Regulation is to prescribe the short descriptions that, by virtue of section 145B of the Justices Act 1902, are sufficient to state or describe, in any information, complaint, summons, warrant, notice, order or other document, certain offences under the various Acts and the By-law mentioned in the Schedule to the Regulation.

The Regulation comprises matter of a machinery nature.