1996—No. 137 (NSW)
1996—No. 137
SUMMARY OFFENCES ACT 1988—REGULATION
(Relating to the short descriptions of certain offences)
NEW SOUTH WALES
[Published in Gazette No. 49 of 19 April 1996]
HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Summary Offences Act 1988, has been pleased to make the Regulation set forth hereunder.
JEFFREY SHAW, Q.C., M.L.C.,
Attorney General.
Commencement
1. This Regulation commences on 26 April 1996.
Amendment
2. The Summary Offences (General) Regulation 1995 is amended:
(a) by inserting after Part 2 the following Part:
PART 2A—SHORT DESCRIPTIONS OF OFFENCES
Short descriptions
10A. (1) For the purposes of section 145B of the Justices Act 1902, the prescribed expression for an offence created by a provision specified in Column 1 of Schedule 2 is:
(a)
the expression specified opposite it in Column 2 of that Schedule; or
(b)
if a choice of words is indicated in that expression, the words remaining after the omission of the words irrelevant to the offence.
1996—No. 137
(2) For the purposes of any proceedings for an offence created by a provision specified in Column 1 of Schedule 2, the prescribed expression for the offence is taken to relate to the offence created by the provision as the provision was in force when the offence is alleged to have been committed.
(3) The amendment or repeal of a prescribed expression does not affect the validity of any information, complaint, summons, warrant, notice, order or other document in which the expression is used.
(4) Subclause (3) applies to any information, complaint, summons, warrant, notice, order or other document (whether issued, given or made before or after the amendment or repeal) that relates to an offence alleged to have been committed before the amendment or repeal.
(b) by inserting after Schedule 1 the following Schedule:
SCHEDULE 2—PRESCRIBED EXPRESSIONS
(Cl. 10A)
Column 1 Column 2 Offence under the Act Prescribed expression Section 4 (1) behave in offensive
manner in/near/within
view from/within
hearing from public
place/school
Section 4A (1) use offensive language in/
near/within hearing
from public place/school
Section 5 expose oneself in/within
view from public place/
school
Section 6 obstruct person/vehicle/
vessel in public place
Section 7 (a) damage/deface fountain in public place
Section 7 (b) enter on fountain in public place
1996—No. 137
Section 7 (c) cause foreign material/
substance to enter
fountain in public place
Section 8 damage/deface shrine/ monument/statue in public place Section 8A (1) (a) risk other’s safety by abseiling/jumping/ parachuting from building/structure
Section 8A ( 1) (b) risk other’s safety by climbing down/up/on/ ascending/descending building/structure
Section 9 (a) affix placard/paper on
premises (visible from
public place)
Section 9 (b) mark premises with
material (visible from
public place)
Section 10 ( 1) carry offensive implement
in public place
Section 10A (1) damage/deface premises/
property by spray paint
Section 10B (1) carry spray paint with
intent to damage/deface
premises/property
Section 11 (1) possession/consumption of
liquor by minor in
public place
Section 15 (1) live wholly/partly on
earnings of prostitution
of another
Section 15A (1) cause/induce prostitution by coercive conduct/
undue influence
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Section 16 (a) use massage/sauna/steam exercise/service premises for prostitution/soliciting
Section 16 (b)
use premises for photos/ photo-like services for prostitution/soliciting
Section 16 (c) use studio/studio-like premises for
prostitution/soliciting
Section 17 (1) (a)
owner/occupier/manager/ assistant suffer/permit prostitution/soliciting in
massage/sauna/steam/
exercise/service premises
Section 17 ( l ) (b)
owner/occupier/manager/ assistant suffer/permit prostitution/soliciting in
photo/photo-like service
premises
Section 17 (1) (c)
owner/occupier/manager/ assistant suffer/permit prostitution/soliciting in
studio/studio-like
premises
Section 18 (a)
advertise/cause to be advertised premises used/available/person
available for prostitution
Section 18 (b) erect sign/cause erection
of sign premises used/
available/person
available for prostitution
Section 18A (1) publish/cause to be
published advertisement
for prostitute
Section 19 (1)
solicit near/within view from dwelling/school/ church/hospital
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Section 19 (2) solicit in school/church/ hospital
Section 19 (3) solicit in harassing/ distressing manner in/ near/within view from dwelling/school/church/ hospital/public place
Section 20 (1) (a) act of prostitution in/
within view from
school/church/hospital/
public place
Section 20 ( 1) (b) act of prostitution within
view from dwelling
Section 20 (2) (a) act of prostitution in
vehicle in/within view
from school/church/
hospital/public place
Section 20 (2) (b) act of prostitution in
vehicle within view
from dwelling
Section 28 (1) use/threaten violence
causing fear for
personal safety
EXPLANATORY NOTE
Short descriptions of offences are the descriptions that, by virtue of section 145B of the Justices Act 1902, may be used to describe summary offences (or indictable offences that may be dealt with summarily) in any information, complaint, summons, warrant, notice. order or other document.
The object of this Regulation is to update and transfer to the Summary Offences (General) Regulation 1995 the short descriptions of offences under the Summary Offences Act 1988 that are, at present, contained in the Summary Offences (Short Description of Offences) Regulation 1988 made under the Justices Act 1902. That Regulation is repealed with effect from the commencement of this Regulation.
1996—No. 137
This Regulation is made in connection with the staged repeal of legislation under the Subordinate Legislation Act 1989. The provisions that are transferred from the repealed Regulation are provisions of a machinery nature.
This Regulation is made under the Summary Offences Act 1988 and, in particular, under section 35 (the general regulation-making power) as extended by section 145B (3) of the Justices Act 1902.
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