Justices Act 1902 Regulation relating to short descriptions of certain offences under the Summary Offences Act 1988 (1993-349) [GG No 84 of 30.7.1993] (NSW)

1993—No. 349

JUSTICES ACT 1902—REGULATION

(Relating to short descriptions of certain offences under the Summary

Offences Act 1988)

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.

Commencement

1. This Regulation commences on 1 August 1993.

Amendments

2. The Summary Offences (Short Description of Offences) Regulation 1988 is amended:

(a) by inserting after clause 3 (1) the following clause:

(1A) If a choice of words is indicated in Column 2 of Scheduie 1, the words remaining after the omission of the words irrelevant

to the offence constitute the prescribed expression.

(b) by omitting Schedule 1 and by inserting instead the following Schedule:

34

SCHEDULE 1

(Cl. 3)

Column 1 Column 2

Offence under the Summary Offences

Act 1988 Prescribed expression

Section 4 (1) (a)—conduct self in offensive manner in or near, or within view or behave in offensive

manner in/near/within

hearing from, public place or school	view from/within hearing from public place/school
Section 4 (1) (b)—use offensive language in or near, or within hearing from,	use offensive language

in/near/within hearing

public place or school	from public place/school
Section 5—in or within view from public place or school wilfully and obscenely	expose oneself in/within view from public
expose own person	place/school
Section 6—without reasonable excuse, wilfully prevent, in any manner, the free	obstruct person/vehicle/

vessel in public place

passage of person, vehicle or vessel in a

public place

Section 7 (a)—wilfully damage or deface any part of fountain erected in a public damage/deface fountain in

public place

place

Section 7 (b)—wilfully enter on any part of fountain erected in a public place enter on fountain in public

place

Section 7 (c)—wilfully cause any foreign material or substance to enter into any cause foreign

material/substance to

part of fountain erected in a public place	enter fountain in public place
Section 8—wilfully damage or deface any shrine, monument or statue erected in a	damage/deface

shrine/monument/statue

public place	in public place
Section 9 (a)—affix placard or paper on any premises so that placard or paper is	affix placard/paper on

premises (visible from

within view from a public place without	public place)
first obtaining consent
Section 9 (b)—wilfully mark, with chalk, paint or other material, any premises so	mark premises with

material (visible from

that marking is within view from a	public place)
public place without first obtaining consent
Section 10 (1)—without reasonable excuse, have in custody offensive implement in	carry offensive implement

in public place

a public place

Column 1 Column 2

Offence under the Summary Offences

Act 1988 Prescribed expression

Section 11 (1)—possession or consumption possession/consumption of

of liquor in a public place by person	liquor by minor in
under age of 18	public place

Section 15 (1)—knowingly live wholly or in part on earnings of prostitution of live wholly/partly on

earnings of prostitution

another person

Section 16 (a)—use premises (held out as available for massage, sauna baths, use premises

(massage/saunas/steam

steam baths or physical exercise baehs/exercise/like

facilities or like services) for services) for

prostitution or soliciting prostitution/soliciting

Section 16 (b)—use premises (held out as available for the taking of photographs use premises (taking

photographs/like

or like services) for prostitution or	services) for
soliciting	prostitution/soliciting

Section 16 (c)—use premises (held out as being available as photographic studio use photographic

studio/like services for

or like services) for prostitution or	prostitution/soliciting
soliciting

Section 17 (1) (a)—being owner, occupier, manager or person assisting in the allow use

(massage/saunas/steam

management of premises (held out as	baths/exercise/like
available for massage, sauna baths,	services) premises for
steam baths or physical exercise	prostitution/soliciting
facilities or like services), suffer or permit the premises to be used for prostitution or soliciting for prostitution

Section 17 (1) (b)—being owner, occupier, manager or person assisting in the allow use (taking

photographs/like

management of any premises (held out	services) premises for
as available for taking of photographs or	prostitution/soliciting
like services), suffer or permit the premises to be used for prostitution or soliciting for prostitution

Section 17 (1) (c)—being owner, occupier, manager or person assisting in the allow use (photographic

studio/like services)

management of any premises (held out	premises for
as photographic studio or like services),	prostitution/soliciting
suffer or permit premises to be used for prostitution or soliciting for prostitution

Column 1 Column 2

Offence under the Summary Offences

Act 1988 Prescribed expression

Section 18 (a)—publish or cause to be published advertisement indicating that advertise/cause to be

advertised premises

premises are used or are available for	used/premises
use, or that a person is available, for	available/person
prostitution	available for prostitution
Section 18 (b)—erect or cause to be erected any sign indicating that premises	erect sign/cause erection of

sign premises

are used or are available for use, or that	used/premises
a person is available, for prostitution	available/person available for prostitution
Section 19 (1)—in a public street near or within view from dwelling, school,	solicit near/within view

dwelling/school/church/

church or hospital, solicit another	hospital
person for prostitution
Section 19 (2)—in a school, church or hospital, solicit another person for	solicit in

school/church/hospital

prostitution

Section 19 (3)—in or near, or within view from, dwelling, school, church, hospital solicit in

harassing/distressing

or public glace, solicit another person	manner in/near/within
for prostitution in a manner that	view from
harasses or distresses the person	dwelling/school/church hospital/public place
Section 20 (1)—take part in act of	act of prostitution
prostitution in, or within view from,	in/within view
school, church, hospital or public place	school/church/hospital/
or within view from dwelling	public place/within view dwelling
Section 20 (2)—take part in act of	act of prostitution in
prostitution in vehicle in, or within view	vehicle in/within view
from, school, church, hospital or public	school/church/hospital/
place or within view from dwelling	public place/within view dwelling
Section 28 (1)—being among 3 or more persons using or threatening unlawful	use/threaten violence

causing fear for

violence causing fear for personal safety personal safety

1993—No. 349

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 Summary Offences Act 1988.