Offences in Public Places (Amendment) Act 1983 (NSW)

OFFENCES IN PUBLIC PLACES (AMENDMENT) ACT,

1983, No. 187

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ANNO TRICESIMO SECUNDO

ELIZABETHS H BEGINS

Act No. 187, 1983.

An Act to amend the Offences in Public Places Act, 1979, with resp>ect to

offensive conduct in public and certain other places. [Assented to, 31st

December, 1983.]_____________________________________________

See also Inclosed Lands Protection (A m endm ent) Act, 1983.

2  Act No. 187, 1983.

Offences in Public Places (Amendment).

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows: —

Short title.

1.          This Act may be cited as the “Offences in Public Places (Amendment)

Act, 1983”.

Commencement.

2.      (1) Sections 1 and 2 shall commence on the date of assent to this Act.

(2) Except as provided by subsection (1), this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

Amendment of Act No. 63, 1979.

3. The Offences in Public Places Act, 1979, is amended in the manner

set forth in Schedule 1.

SCHEDULE 1.

(Sec. 3.)

A mendments to the O ffences in P ublic P laces A c t , 1979.

(1) Section 5—

Omit;—

A person shall not, without reasonable excuse, in, near or within view or hearing from a public place or school behave in such a manner as would be likely to cause reasonable persons justifiably in all the circumstances to be seriously alarmed or seriously affronted.

Act No. 187, 1983. 3

Offences in Public Places (Amendment).

SCHEDULE 1—continued.

A mendments to the O ffences in P ublic P laces A c t , 1979—continued.

insert instead;—

A person shall not conduct himself or herself in, near or within view or hearing from a public place or school in such a manner as would be regarded by reasonable persons as being, in all the circumstances, offensive.

(2) Section 5 (2)—

At the end of section 5, insert:—

(2) It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

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