Summary Offences Act 1953 (SA)

South Australia

Summary Offences Act 1953

An Act to make provision for certain offences against public order and for other summary offences; to make provision for powers of police officers in relation to investigation of offences; and for other purposes.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Summary Offences Act 1953.

4Interpretation

(1)
In this Act, unless the contrary intention appears—
the Commissioner means the Commissioner of Police or the person for the time being acting in the office of Commissioner of Police;
declared public precinct—see section 66N(1);
declared public precinct period means a period during which, in accordance with a declaration under section 66N(1), an area is a declared public precinct;
major offence means—
(a)
an offence attracting a penalty or maximum penalty of life imprisonment or imprisonment for at least seven years; or
(b)
an offence against section 86A(1) of the Criminal Law Consolidation Act 1935;
minor means a person under the age of 18 years;
motor vehicle has the same meaning as in the Motor Vehicles Act 1959;
primary production activities—the following are primary production activities:
(a)
agricultural, pastoral, horticultural, viticultural, forestry or apicultural activities;
(b)
poultry farming, dairy farming or any business that consists of the cultivation of soils, the gathering of crops or the rearing or processing of livestock;
(c)
commercial fishing, aquaculture or the propagation or harvesting of fish or other aquatic organisms for the purposes of aquaculture;
(d)
an activity prescribed by regulation;
prostitute includes any male person who prostitutes his body for fee or reward;
public place includes—
(a)
a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and
(b)
a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and
(c)
a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property;
public venue means a place where members of the public are gathered for an entertainment or an event or activity of any kind, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic, but does not include a church or place of public worship;
senior police officer means a police officer of or above the rank of inspector;
serious and organised crime offence has the same meaning as in the Criminal Law Consolidation Act 1935;
telephone includes any telecommunication device for the transmission of speech;
to tattoo means to insert into or through the skin any colouring material designed to leave a permanent mark.
(2)
In proceedings for an offence in which the court is authorised by this Act to award damages or compensation, or to order the forfeiture of property or the doing of any act, the award or order may be made in addition to the penalty (if any) imposed by the court.

5Proof of lawful authority and other matters

Subject to any provision to the contrary, where this Act provides that an act done without lawful authority, without reasonable cause, without reasonable excuse, without lawful excuse or without consent constitutes an offence, the prosecution need not prove the absence of lawful authority, reasonable cause, reasonable excuse, lawful excuse or consent, and the onus is upon the defendant to prove any such authority, cause, excuse or consent upon which he or she relies.

Part 2Offences with respect to police operations6Hindering police

(2)
A person who hinders or resists a police officer in the execution of the officer's duty is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(3)
Upon convicting a person for an offence against this section, the court may order the convicted person to pay to the police officer against whom the offence was committed such sum as the court thinks just as compensation for—
(a)
damage caused by the defendant to property belonging to the officer or to the Crown;
(b)
bodily injury caused by the defendant to the officer.
(4)
Compensation so awarded in respect of damage to property of the Crown must be paid by the police officer to the Treasurer in aid of the Consolidated Account.
(5)
In this section—
hinder includes disturb;
police officer includes a special constable.

6AADisclosure of criminal intelligence

(1)
A person who, without lawful excuse, discloses information that has been properly classified by the Commissioner as criminal intelligence under any Act is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(2)
It is a defence to prosecution for an offence against this section to prove that the defendant did not know, and did not have reason to believe, that the information was classified by the Commissioner as criminal intelligence under an Act.

Part 3Offences against public order6AViolent disorder

(1)
If 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using or threatening unlawful violence is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2)
It is immaterial whether or not the 3 or more persons use or threaten unlawful violence simultaneously.
(3)
No person of reasonable firmness need actually be, or be likely to be, present at the scene.
(4)
An offence under subsection (1) may be committed in private as well as in public places.
(5)
A person is guilty of an offence under subsection (1) only if he or she intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.
(6)
Subsection (5) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence.
(7)
In this section—
violence means any violent conduct, so that—
(a)
it includes violent conduct towards property as well as violent conduct towards persons; and
(b)
it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct.
Example—
Throwing at, or towards, a person a missile of a kind capable of causing injury which does not hit, or falls short of, the person.

7Disorderly or offensive conduct or language

(1)
A person who, in a public place or a police station—
(a)
behaves in a disorderly or offensive manner; or
(b)
fights with another person; or
(c)
uses offensive language,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2)
A person who disturbs the public peace is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(3)
In this section—
disorderly includes riotous;
offensive includes threatening, abusive or insulting;
public place includes, in addition to the places mentioned in section 4—
(a)
a ship or vessel (not being a naval ship or vessel) in a harbor, port, dock or river;
(b)
premises or a part of premises in respect of which a licence is in force under the Liquor Licensing Act 1997.

7AObstructing or disturbing religious services etc

(1)
A person who intentionally—
1. (a)
  obstructs or disturbs—
  1. (i)
    a religious service; or
  2. (ii)
    a wedding or funeral (whether secular or religious); or
2. (b)
  obstructs or disturbs persons proceeding to or from a religious service, wedding or funeral in a way that is calculated to be offensive and is related in some way to their attendance, or intention to attend, the religious service, wedding or funeral,

is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.

(2)
In this section—

religion means any philosophy or system of belief that is generally recognised in the Australian community as being of a religious nature;
religious service means a lawful assembly of the adherents of any religion for the purpose of prayer or any other form of religious observance.

8Challenges to fight and prize fights

(1)
Any person who—
(a)
makes or accepts, either orally or in writing, any challenge to fight for money; or
(b)
engages in a prize fight,
is guilty of an offence.
Maximum penalty: $750.
(2)
Subsection (1) does not apply to a contestant in a professional or public boxing or martial art event, within the meaning of the Boxing and Martial Arts Act 2000, if—
(a)
the event is promoted by a person who is licensed or otherwise authorised to act as promoter of the event in accordance with that Act; and
(b)
the contestants participating in the event are registered in relation to, or otherwise authorised to participate as contestants in, events of that kind under that Act.

9ASupply of methylated spirits

(4)
A person who supplies methylated spirits, or a liquid containing methylated spirits, knowing, or having reason to suspect, that it is intended to be drunk, is guilty of an offence.
Maximum penalty: $750.
(6)
In this section—
methylated spirits means industrial spirit or commercial methylated spirit, that is to say, ethyl alcohol which has been denatured by the addition of methyl alcohol, benzene, pyridine or any other methylating or denaturing substance or agent.

9BSale of drug paraphernalia

(1)
Subject to this section, a person who—
(a)
sells a prohibited item; or
(b)
supplies a prohibited item in connection with the sale, or possible sale, of goods,
is guilty of an offence.
Maximum penalty:
(a)
if the offender is a body corporate—$50 000;
(b)
if the offender is a natural person—$10 000 or imprisonment for 2 years.
(2)
A person who—
(a)
sells a prohibited item to a minor; or
(b)
supplies a prohibited item to a minor in connection with the sale, or possible sale, of goods,
is guilty of an offence.
Maximum penalty:
(a)
if the offender is a body corporate—$100 000;
(b)
if the offender is a natural person—$20 000 or imprisonment for 2 years.
(3)
If a body corporate commits an offence against subsection (1) or subsection (2), any director or manager of the body corporate is also guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless it is proved that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the body corporate.
(4)
A person may be prosecuted and convicted of an offence under subsection (3) whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.
(5)
If a person is convicted of an offence against this section, any prohibited item seized as evidence of the offence may be retained by the Commissioner of Police and is forfeited to the Crown—
(a)
if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or
(b)
if an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined.
(6)
An item forfeited under subsection (5) may be dealt with and disposed of in such manner as the Commissioner of Police may direct.
(7)
In this section—
cocaine kit—a cocaine kit is constituted by 2 or more of the following items packaged as a unit apparently for use for the purposes of preparing for introduction, or for introducing, cocaine into the body of a person:
(a)
a razor blade;
(b)
a tube;
(c)
a mirror;
(d)
a scoop;
(e)
a glass bottle;
(f)
any other item apparently for use together with any item referred to in paragraphs (a) to (e) to prepare for introduction, or to introduce, cocaine into the body of a person;
prohibited item means—
(a)
a water pipe; or
(b)
a prohibited pipe; or
(c)
a cocaine kit; or
(d)
an item of a kind prescribed by regulation for the purposes of this definition;
prohibited pipe means—
(a)
a device (other than a water pipe) that is apparently intended for use or designed for use in smoking cannabis, cannabis resin or methamphetamine crystals; or
(b)
components that, when assembled together, form such a device,
and includes, without limitation, a device known as a hash pipe and a device known as an ice pipe;
sell means—
(a)
sell, barter or exchange; or
(b)
offer or agree to sell, barter or exchange; or
(c)
expose for sale, barter or exchange; or
(d)
have in possession for sale, barter or exchange;
supply includes offer to supply;
water pipe means—
(a)
a device capable of being used for smoking by means of the drawing of smoke fumes through water or another liquid; or
(b)
components that, when assembled together, form such a device; or
(c)
a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,
and includes, without limitation, devices known as bongs, hookahs, narghiles, shishas and ghalyans.

10Offence to consume etc dogs or cats

(1)
A person who knowingly—
(a)
kills or otherwise processes a dog or cat for the purpose of human consumption; or
(b)
supplies to another person a dog or cat (whether alive or not), or meat from a dog or cat, for the purpose of human consumption; or
(c)
consumes meat from a dog or cat,
is guilty of an offence.
Maximum penalty: $1 250.
(2)
In this section—
cat means an animal of the species Felis catus;
dog means an animal of the species Canis familiaris;
meat means the whole or part of a killed animal.

11AAvoiding payment of entrance fee

A person who, knowing that a charge is made for admission to a place of public entertainment, dishonestly gains admission to the place of public entertainment without paying the admission charge is guilty of an offence.
Maximum penalty: $750.

12Begging alms

(1)
A person who—
(a)
begs or gathers alms in a public place; or
(b)
is in a public place for the purpose of begging or gathering alms; or
(c)
goes from house to house begging or gathering alms; or
(d)
causes or encourages a child to beg or gather alms in a public place, or to be in a public place for the purpose of begging or gathering alms; or
(e)
exposes wounds or deformities with the object of obtaining alms,
is guilty of an offence.
Maximum penalty: $250.
(2)
In this section—
house includes a building or any separately occupied part of a building.

13Consorting

(1)
A person who—
(a)
habitually consorts with convicted offenders (whether in this State or elsewhere); and
(b)
consorts in this State with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,
is guilty of an offence.
Maximum penalty: Imprisonment for 2 years.
(2)
A person does not habitually consort with convicted offenders for the purposes of this section unless—
(a)
the person consorts with at least 2 convicted offenders (whether on the same or separate occasions); and
(b)
the person consorts with each convicted offender on at least 2 occasions.
(3)
The following forms of consorting are to be disregarded for the purposes of this section if the defendant satisfies the court that the consorting was reasonable in the circumstances:
(a)
consorting with family members;
(b)
consorting that occurs in the course of lawful employment or the lawful operation of a business;
(c)
consorting that occurs in the course of training or education;
(d)
consorting that occurs in the course of the provision of a health service;
(e)
consorting that occurs in the course of the provision of legal advice;
(f)
consorting that occurs in lawful custody or in the course of complying with a court order.
(4)
In this section—
consort means consort in person or by any other means, including by electronic or other form of communication;
convicted offender means a person who has been convicted of an indictable offence;
corresponding law means a law of the Commonwealth, another State, or a Territory that is prescribed by regulation for the purposes of this definition;
official warning means—
(a)
a warning given by a police officer (orally or in writing) that—
(i)
a convicted offender is a convicted offender; and
(ii)
consorting with a convicted offender is an offence; or
(b)
a warning or other notification given under a corresponding law.

16Possession of instruments for gaming or cheating

(1)
A person who, in a public place, without lawful excuse, has possession of an instrument for gaming or an instrument constructed as a means of cheating is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

(2)
Upon the conviction of a person for an offence against subsection (1), the court may order that the instrument in respect of which the person was convicted be forfeited to the Crown.
(3)
In this section—

instrument includes machine, device or contrivance.

17Being on premises for an unlawful purpose

(a1)
A person who has entered, or is present on, primary production premises for an unlawful purpose or without lawful excuse is guilty of an offence.
Maximum penalty:
(a)
where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years;
(b)
in any other case—
(i)
if the offence is committed in aggravated circumstances—$10 000 or imprisonment for 12 months;
(ii)
if the offence is not committed in aggravated circumstances—$5 000 or 6 months imprisonment.
(a2)
A person commits an offence against subsection (a1) in aggravated circumstances if, while on the primary production premises, the person—
(a)
interferes with, or attempts or intends to interfere with, primary production activities; or
(b)
is accompanied by 2 or more persons; or
(c)
does anything that gives rise to a serious risk to the safety of the person or any other person on the premises; or
(d)
does anything that—
(i)
involves, or gives rise to a risk of—
(A)
the introduction, spread or increase of a disease or pest; or
(B)
the contamination of any substance or thing; or
(ii)
gives rise to any other risk, or kind of risk, related to primary production activities prescribed by the regulations; or
(e)
intentionally causes, or is recklessly indifferent as to whether they cause, damage to an operation or activity connected to the primary production activities at the premises.
(1)
A person who has entered, or is present on, other premises for an unlawful purpose or without lawful excuse is guilty of an offence.
Maximum penalty:
Where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years.
In any other case—$2 500 or imprisonment for 6 months.
(1a)
Despite section 5, the onus of proving absence of lawful excuse in proceedings for an offence against this section lies upon the prosecution.
(2)
Where a police officer believes on reasonable grounds that a person has entered, or is present on, premises for the purpose of committing an offence, the officer may order the person to leave the premises.
(3)
A person who fails to comply with an order under subsection (2) is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(3a)
A person found guilty of an offence against subsection (a1) committed in aggravated circumstances is liable to pay compensation to a person for injury, loss or damage to the person resulting from the offence of which the defendant has been found guilty, unless exceptional circumstances exist.
(3b)
Compensation payable under subsection (3a) will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the defendant.
(4)
In this section—
premises means—
(a)
any land; or
(b)
any building or structure; or
(c)
any aircraft, vehicle, ship or boat;
primary production premises means premises used for the purpose of primary production activities.

17AAMisuse of a motor vehicle on private land

(1)
For the purposes of this section, a person misuses a motor vehicle if the person, in a place other than a road or road related area—
(a)
drives a motor vehicle in a race between vehicles, a vehicle speed trial, a vehicle pursuit or any competitive trial to test drivers' skills or vehicles; or

(b)
operates a motor vehicle so as to produce sustained wheel spin; or
(c)
drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or
(d)
drives a motor vehicle onto an area of park or garden so as to break up the ground surface or cause other damage.
(2)
However, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if it occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.
(3)
A person who misuses a motor vehicle is guilty of an offence.
Maximum penalty: $2 500.
(4)
Where a court convicts a person of an offence against this section, the court must, if satisfied that the offending caused damage to, or the destruction of, any property or damage to an area of park or garden or a road related area, order the convicted person to pay to the owner of the property, or the owner, occupier or person who has the care, control and management of the area, such compensation as the court thinks fit.
(5)
The power of a court under subsection (4) is in addition to, and does not derogate from, any powers of the court under the Sentencing Act 2017.
(6)
In this section—
road and road related area have the same meaning as in the Road Traffic Act 1961.

17ATrespassers on premises

(1)
Where—
(a)
a person trespasses on premises; and
(b)
the nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier; and
(c)
the trespasser is asked by an authorised person to leave the premises,
the trespasser is, if he or she fails to leave the premises forthwith or again trespasses on the premises within 24 hours of being asked to leave, guilty of an offence.
Maximum penalty:
(a)
if the premises are primary production premises—$5 000 or imprisonment for 6 months;
(b)
in any other case—$2 500 or imprisonment for 6 months.
(2)
A person who, while trespassing on premises, uses offensive language or behaves in an offensive manner is guilty of an offence.
Maximum penalty: $1 250.
(2a)
A person who trespasses on premises must, if asked to do so by an authorised person, give his or her name and address to the authorised person.
Maximum penalty: $1 250.
(3)
In this section—
authorised person, in relation to premises, means—
(a)
the occupier, or a person acting on the authority of the occupier;
(b)
where the premises are the premises of a school or other educational institution or belong to the Crown or an instrumentality of the Crown, the person who has the administration, control or management of the premises, or a person acting on the authority of such a person;
occupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises;
offensive includes threatening, abusive or insulting;
premises means—
(a)
any land; or
(b)
any building or structure; or
(c)
any aircraft, vehicle, ship or boat;
primary production premises means premises used for the purpose of primary production activities.
(4)
In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified premises will be accepted as proved in the absence of proof to the contrary.

17ABTrespassers etc at private parties

(1)
If an authorised person reasonably suspects that a person who is on premises that are being used for a private party is not entitled to be on the premises, the authorised person may require the person to produce evidence that he or she is entitled to be on the premises.
(2)
If a person refuses or fails to produce evidence, in accordance with a requirement under subsection (1), that is satisfactory to the authorised person—
(a)
the authorised person may advise the person that he or she is a trespasser on the premises; and
(b)
on being so advised, the person will be taken to be a trespasser on the premises for the purposes of this section and section 15A of the Criminal Law Consolidation Act 1935.
(3)
Nothing in subsection (2) limits the manner in which a person may become a trespasser on premises that are being used for a private party.
(4)
If—
(a)
a person trespasses on premises that are being used for a private party; and
(b)
the trespasser is asked by an authorised person to leave the premises (whether the trespasser is asked individually or as a member of a group),
the trespasser is, if he or she fails to leave the premises immediately or again trespasses on the premises while they are being used for the private party, guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.
(5)
A person who, while trespassing on premises that are being used for a private party, uses offensive language or behaves in an offensive manner is guilty of an offence.
Maximum penalty: $2 500.
(6)
A person who trespasses on premises that are being used for a private party must, if asked to do so by an authorised person, give his or her name and address to the authorised person.
Maximum penalty: $2 500.
(7)
If—
(a)
a police officer attending at premises that are being used for a private party reasonably suspects that a person on the premises is committing an offence against this section; and
(b)
an authorised person at the premises requests the police officer to remove the person from the premises,
the police officer may remove the person from the premises.
(8)
If a person is loitering in the vicinity of premises that are being used for a private party, or a group of persons is assembled in the vicinity of such premises, and a police officer believes or apprehends on reasonable grounds—
(a)
that the person or any member of the group of persons—
(i)
is or has been behaving in a disorderly, indecent or offensive manner; or
(ii)
is or has been using offensive words; or
(iii)
in any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with—
(A)
a person seeking to attend the private party; or
(B)
the conduct of the private party; or
(b)
that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group,
the officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require.
(9)
A person of whom a request is made under subsection (8) must leave the place and the area in the vicinity of the place in which he or she was loitering or assembled in the group.
Maximum penalty: $2 500 or imprisonment for 6 months.
(10)
In proceedings for an offence against this section, an allegation in the complaint that—
(a)
specified premises were being used for a private party on a specified date and at a specified time; or
(b)
a person named in the complaint was, on a specified date, an authorised person in relation to specified premises,
will be accepted as proved in the absence of proof to the contrary.
(11)
This section is in addition to, and does not limit or derogate from, any other provision of this Act or any other law.
(12)
In this section—
authorised person, in relation to premises that are being used for a private party, means—
(a)
the occupier of the premises, or a person acting on the authority of the occupier of the premises; or
(b)
a person responsible for organising the party, or a person acting on the authority of such a person,
but does not include a minor;
occupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises;
offensive includes threatening, abusive or insulting;
premises means—
(a)
any land; or
(b)
any building or structure; or
(c)
any aircraft, vehicle, ship or boat;
private party means a party, event or celebration to which admittance is allowed by invitation only but does not include a party, event or celebration that is held—
(a)
on premises (other than residential premises) by or on behalf of a company or business; or
(b)
in a public place; or
(c)
on premises, or a part of premises, in respect of which a licence is in force under the Liquor Licensing Act 1997 (other than a short term licence granted under that Act for a term of not more than 24 hours).

17ACAuthorised persons

(1)
An authorised person within the meaning of section 17A or section 17AB must, at the request of a person in relation to whom the authorised person is exercising powers under either of those sections, inform the person of—
(a)
the authorised person's name; and
(b)
the capacity in which the person is an authorised person under the relevant section.
(2)
A person must not falsely pretend, by words or conduct, to have the powers of an authorised person under section 17A or section 17AB.
Maximum penalty: $750.

17BInterference with gates and fences

(1)
A person who, without the authority of the occupier of land on which animals are kept in the course of primary production—
(a)
opens and leaves open a gate on or leading to the land; or
(b)
unfastens and leaves unfastened a gate on or leading to the land; or
(c)
on finding a gate on or leading to the land open, closes it and leaves it closed; or
(d)
removes or disables a gate on or leading to the land; or
(e)
interferes with any part of a fence on or immediately surrounding the land in a manner that—
(i)
causes the animals to no longer be confined by the fence; or
(ii)
gives rise to a risk that the animals will no longer be confined by the fence,
is guilty of an offence.
Maximum penalty: $1 500.
Expiation fee: $375.
(2)
It is a defence to a charge of an offence against subsection (1) to prove that the defendant's act was not intended to cause loss, annoyance or inconvenience and was not done with reckless indifference to the interests of the owner of the animals.
(3)
In this section—
gate includes a cattle grid or any moveable thing used to enclose land, including a slip panel or moveable fence.

17CDisturbance of farm animals

(1)
A person who, while trespassing on land on which animals are kept in the course of primary production, disturbs any animal and thus causes harm to the animal or loss or inconvenience to the owner of the animals is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2)
It is a defence to a charge of an offence against subsection (1) to prove that the disturbance was not intentional and did not arise from recklessness on the part of the defendant.

17DForcible entry or retention of land or premises

(1)
A person who—
1. (a)
  uses force, threats or intimidation to enter land or premises in order to expel a person who is in possession (whether lawfully or unlawfully) of the land or premises; and
2. (b)
  does so otherwise than in pursuance of an order of a court or other lawful process,

is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.

(2)
A person who—
1. (a)
  enters onto land or premises unlawfully; and
2. (b)
  retains possession of the land or premises by force or in a manner that would render the use of force the only reasonably practicable means of recovering lawful possession of the land or premises,

is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 1 year.

18Loitering

(1)
Where a person is loitering in a public place or a group of persons is assembled in a public place and a police officer believes or apprehends on reasonable grounds—
(a)
that an offence has been, or is about to be, committed by that person or by one or more of the persons in the group or by another in the vicinity; or
(b)
that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group; or
(c)
that the movement of pedestrians or vehicular traffic is obstructed, or is about to be obstructed, by the presence of that person or group or of others in the vicinity; or
(d)
that the safety of a person in the vicinity is in danger,
the officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require.
(2)
A person of whom a request is made under subsection (1) must leave the place and the area in the vicinity of the place in which he or she was loitering or assembled in the group.
Maximum penalty: $1 250 or imprisonment for 3 months.
(3)
If a police officer has reasonable grounds to suspect that a person who is loitering in a public place is of a prescribed class, the officer may request that the person state the reason why he or she is in that place.
(4)
The police officer must, before making the request, advise the person—
(a)
that the request is being made under this section; and
(b)
which prescribed class the officer believes the person belongs to.
(5)
If, in response to a request by a police officer under subsection (3), a person of a prescribed class refuses or fails to state a satisfactory reason for being in that place, the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 3 months.
(6)
A person is of a prescribed class for the purposes of this section if the person is—
(a)
a person who has been found guilty of, or who is reasonably suspected of having committed, a serious and organised crime offence; or
(b)
a prescribed drug offender within the meaning of the Criminal Assets Confiscation Act 2005; or
(c)
a person who is subject to a firearms prohibition order under Part 8 of the Firearms Act 2015; or
(d)
a person who is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or
(e)
a person who is subject to a weapons prohibition order under Part 3A; or
(f)
a person who is subject to a consorting prohibition notice under Part 14A; or
(g)
a person who is subject to a non‑association or place restriction order under Part 4 Division 5 of the Summary Procedure Act 1921; or
(h)
a person who is subject to a paedophile restraining order under Part 4 Division 7 of the Summary Procedure Act 1921; or
(i)
a person of a class prescribed by regulation.
(7)
For the purposes of subsection (6), a person may belong to a prescribed class by virtue of an offence committed, an order made or a notice issued before or after the commencement of that subsection.
(8)
In any proceedings for an offence under subsection (5)—
(a)
an apparently genuine document purporting to be signed by the Commissioner and to certify that at a specified time a weapons prohibition order or a consorting prohibition notice applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified; and
(b)
an apparently genuine document purporting to be signed by the Registrar of Firearms and to certify that at a specified time a firearms prohibition order applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified.

18APublic meetings

(1)
A person who, in, at or near a place where a public meeting is being held—
(a)
behaves in a disorderly, indecent, offensive, threatening or insulting manner; or
(b)
uses threatening, abusive or insulting words; or
(c)
in any way, except by lawful authority or on some other lawful ground, obstructs or interferes with—
(i)
a person seeking to attend the meeting; or
(ii)
any of the proceedings at the meeting; or
(iii)
a person presiding at the meeting in the organisation or conduct of the meeting,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2)
Where, in the opinion of the person presiding at a public meeting, a person in, at or near the place at which the meeting is being held—
(a)
is or has been behaving in a disorderly, indecent, offensive, threatening or insulting manner; or
(b)
is or has been using threatening, abusive or insulting words; or
(c)
in any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with—
(i)
a person seeking to attend the meeting; or
(ii)
any of the proceedings at the meeting; or
(iii)
a person presiding at the meeting in the organisation or conduct of the meeting,
the person presiding may request a police officer, or the police generally, to remove that person from the place or the area in the vicinity of the place.
(3)
A request made under subsection (2) must be complied with by a police officer present or attending at the place at which the meeting is being held.
(4)
In this section—
person presiding, in relation to a public meeting, includes any person officiating at, or with responsibility for the organisation or conduct of, the meeting;
place means any place whether or not a hall, building or room;
public meeting includes any political, religious, social or other meeting, congregation or gathering that the public or a section of the public are permitted to attend, whether on payment or otherwise.

20Permitting drunkenness and disorderly conduct

(1)
A person who keeps premises where provisions or refreshments are sold or consumed and who knowingly permits drunkenness or disorderly conduct to take place on those premises is guilty of an offence.
Maximum penalty: $750.
(2)
In this section—
premises includes a shop, restaurant or other premises to which the public are admitted.

21Permitting premises to be frequented by thieves etc

(1)
A person who—
1. (a)
  is the occupier of premises frequented by reputed thieves, prostitutes, persons without lawful means of support or persons of notoriously bad character; or
2. (b)
  is, without reasonable excuse, in premises frequented by any such persons,

is guilty of an offence.
Maximum penalty: $750.

(2)
In a prosecution under this section, it is not necessary for the prosecutor to prove that the defendant knew that the persons frequenting the premises were reputed thieves, prostitutes, persons without lawful means of support or persons of notoriously bad character, but it is a defence that the defendant did not know and could not, by the exercise of reasonable diligence, have ascertained that the persons frequenting the premises were such persons.

Part 3AWeapons etc21AInterpretation

(1)
In this Part—
body armour means a protective jacket, vest or other article of apparel designed to resist the penetration of a projectile discharged from a firearm;
criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;
dangerous article means an article or thing declared by regulation to be a dangerous article for the purposes of this Part;
District Court means the Administrative and Disciplinary Division of the District Court;
implement of housebreaking includes a picklock key, crowbar, jack, bit or other implement of housebreaking;
knife includes a blade (for example a knife blade or razor blade);
licensed premises means premises licensed under the Liquor Licensing Act 1997;
night means the interval between 9 pm on one day and 6 am on the next day;
offence of violence means an offence where the offender—
(a)
uses a weapon, or threatens to use a weapon, against another; or
(b)
inflicts serious harm on another, or threatens to inflict serious harm on another,
for the purpose of committing the offence, or escaping from the scene of the offence;
offensive weapon includes a rifle, gun, pistol, knife, sword, club, bludgeon, truncheon or other offensive or lethal weapon or instrument but does not include a prohibited weapon;
prohibited weapon means an article or thing declared by regulation to be a prohibited weapon for the purposes of this Part;
school means a primary or secondary school;
suitable for combat, in relation to a knife, means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury;
violent behaviour means an unlawful act inflicting injury on a person or causing a person to fear injury.
(2)
For the purposes of this Part, a person will be taken to be carrying a weapon or article if he or she has the weapon or article on or about his or her person or if it is under his or her immediate control.

21BBody armour

(1)
A person who, without the approval in writing of the Commissioner—
(a)
manufactures, sells, distributes, supplies or otherwise deals in, body armour; or
(b)
uses or has possession of body armour,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(2)
The Commissioner may, subject to such conditions and limitations as the Commissioner thinks fit, give an approval to a person or a class of persons for the purposes of subsection (1) and may revoke an approval or revoke or vary the conditions or limitations under which an approval operates.
(3)
The giving or a variation or revocation of an approval that applies to a class of persons must be notified in the Gazette.

21COffensive weapons and dangerous articles etc

(1)
A person who, without lawful excuse—
(a)
carries an offensive weapon or an article of disguise; or
(b)
has possession of an implement of housebreaking,
is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(2)
A person who, without lawful excuse—
(a)
manufactures, sells, distributes, supplies, or otherwise deals in, dangerous articles; or
(b)
uses or has possession of a dangerous article,
is guilty of an offence.
Maximum penalty: $7 500 or imprisonment for 18 months.
(3)
A person who, without lawful excuse, carries an offensive weapon or dangerous article at night while in, or while apparently attempting to enter or leave—
(a)
licensed premises; or
(b)
a carparking area specifically or primarily provided for the use of patrons of the licensed premises,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(4)
It is a defence to prosecution for an offence against subsection (3) to prove that—
(a)
if the charge relates to the defendant's being in, or apparently attempting to enter or leave, licensed premises—the defendant did not know and had no reason to believe that the premises were premises of a kind where liquor was sold or supplied; or
(b)
if the charge relates to the defendant's being in, or apparently attempting to enter or leave, a carparking area specifically or primarily provided for the use of patrons of the licensed premises—the defendant did not know and had no reason to believe that the area was such a carparking area.
(5)
If on the trial of a person for an offence against subsection (3) the court is not satisfied that the person is guilty of the offence charged, but is satisfied that the person is guilty of an offence against subsection (1) or (2), the court may find the person guilty of the offence against subsection (1) or (2).
(6)
A person (being a person who is otherwise entitled to do so) must not use or have possession of a dangerous article unless he or she does so in a safe and secure manner.
Maximum penalty: $1 250 or imprisonment for 3 months.
(7)
A person who, without lawful excuse—
(a)
uses an offensive weapon; or
(b)
carries an offensive weapon that is visible,
in the presence of any person in a school or public place in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety, is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
(8)
For the purposes of an offence against subsection (7), no person of reasonable firmness need actually be, or be likely to be, present at the scene.
(9)
If on the trial of a person for an offence against subsection (7), the court is not satisfied that the person is guilty of the offence charged, but is satisfied that the person is guilty of an offence against subsection (1)(a), the court may find the person guilty of the offence against subsection (1)(a).

21DUnlawful selling or marketing of knives

(1)
A person who sells a knife to a minor who is under the age of 16 years is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2)
It is a defence to prosecution for an offence against subsection (1) to prove that—
(a)
the seller requested the minor to produce evidence of age of a kind prescribed by regulation; and
(b)
the minor made a false statement or produced false evidence in response to that request; and
(c)
in consequence, the seller reasonably assumed that the minor was of or above the age of 16 years.
(3)
A person who makes a false statement or produces false evidence in response to a request by a seller made in accordance with subsection (2)(a) is guilty of an offence.
Maximum penalty: $1 250.
(4)
A person who markets a knife in a way that—
(a)
indicates, or suggests, that the knife is suitable for combat; or
(b)
is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon,
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(5)
For the purposes of this section, an indication or suggestion that a knife is suitable for combat may (without limitation) be given or made by a name or description—
(a)
applied to the knife; or
(b)
on the knife or on any packaging in which it is contained; or
(c)
included in any advertisement which, expressly or by implication, relates to the knife.
(6)
For the purposes of this section, a person markets a knife if the person—
(a)
sells or hires the knife; or
(b)
offers, or exposes, the knife for sale or hire; or
(c)
has possession of the knife for the purpose of sale or hire.

21EKnives in schools and public places

A person who, without lawful excuse, has possession of a knife in a school or public place is guilty of an offence.
Maximum penalty:
(a)
for a first offence—$2 500 or imprisonment for 6 months;
(b)
for a subsequent offence—$5 000 or imprisonment for 12 months.

21FProhibited weapons

(1)
A person who—
(a)
manufactures, sells, distributes, supplies or otherwise deals in, prohibited weapons; or
(b)
uses or has possession of a prohibited weapon,
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 2 years.
(2)
It is a defence to prosecution for an offence against subsection (1) to prove that the defendant was, in accordance with—
(a)
Schedule 2; or
(b)
a declaration made by the Minister under subsection (3),
an exempt person in the circumstances of the alleged offence.
(3)
The Minister—
(a)
may declare a person or a class of persons to be exempt from subsection (1) in the circumstances specified in the declaration; and
(b)
may, on the Minister's own initiative, vary or revoke such a declaration.
(4)
The declaration by the Minister under subsection (3) may be conditional or unconditional.
(4a)
A declaration made by the Minister under subsection (3) in respect of a class of persons—
(a)
must be notified in the Gazette; and
(b)
has effect for the period specified in the declaration (being a period not exceeding 1 month); and
(c)
has effect despite any provision of Schedule 2.
(4b)
A variation or revocation of a declaration under subsection (3) is of no effect unless—
(a)
in the case of a variation or revocation of a declaration in respect of a person—the person has been given notice of the variation or revocation; or
(b)
in the case of a variation or revocation of a declaration in respect of a class of persons—the variation or revocation is notified in the Gazette.
(5)
An application to the Minister for a declaration must be—
(a)
in a form approved by the Minister; and
(b)
accompanied by the fee prescribed by regulation.
(6)
The Minister must not make a decision on an application for a declaration unless he or she has consulted with the Commissioner.
(7)
A person aggrieved by a decision of the Minister to vary or revoke a declaration may appeal against the variation or revocation to the District Court.
(8)
The Minister may delegate his or her powers under this section to any person or body.
(9)
A delegation under subsection (8)—
(a)
must be in writing; and
(b)
may be conditional or unconditional; and
(c)
does not derogate from the Minister's ability to exercise the power under this section; and
(d)
is revocable at will by the Minister.
(10)
If the Minister has not given the person reasons in writing for making the decision appealed against, the Minister must do so on request made within 28 days after the person received notice of the decision.
(11)
If a decision was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.
(12)
An appeal under this section must be made—
(a)
within 28 days after the person received notice of the decision appealed against; or
(b)
if a request for reasons in writing is made under subsection (10)—within 28 days after the person received the reasons in writing.
(13)
On an appeal under this section, the Court—
(a)
must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and
(b)
may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent.
(14)
A person (being a person who is otherwise entitled to do so) must not use or have possession of a prohibited weapon unless he or she does so in a safe and secure manner.
Maximum penalty: $1 250 or imprisonment for 3 months.

21GInformation relating to knife related injuries

(1)
If a medical practitioner or a registered or enrolled nurse has reasonable cause to suspect in relation to a person who he or she has seen in his or her professional capacity that the person is suffering from a wound inflicted by a knife, the medical practitioner or nurse must, as soon as practicable after forming the suspicion, make a report to the prescribed person or body containing—
1. (a)
  details of the wound; and
2. (b)
  any information provided to the practitioner or nurse about the circumstances leading to the infliction of the wound (other than information tending to identify the person).
(2)
Subsection (1) does not apply if, in the opinion of the medical practitioner or the nurse, the injuries are not serious and the medical practitioner or nurse believes on reasonable grounds that the injuries were accidental.
(3)
A person incurs no civil or criminal liability in taking action in good faith in compliance, or purported compliance, with this section.
(4)
In this section—

enrolled nurse means a person registered under the Health Practitioner Regulation National Law—
(a)
to practise in the nursing profession as a nurse (other than as a student); and
(b)
in the enrolled nurses division of that profession;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
registered nurse means a person registered under the Health Practitioner Regulation National Law—
(a)
to practise in the nursing profession as a nurse (other than as a student); and
(b)
in the registered nurses division of that profession.

21HWeapons prohibition order issued by Commissioner

(1)
The Commissioner may issue a weapons prohibition order against a person if satisfied that—
1. (a)
  the person has (whether before or after the commencement of this section)—
  1. (i)
    been found guilty of an offence of violence; or
  2. (ii)
    been declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935 by a court dealing with a charge of an offence of violence; and
2. (b)
  possession of a prohibited weapon by the person would be likely to result in undue danger to life or property; and
3. (c)
  it is in the public interest to prohibit the person from possessing and using a prohibited weapon.
(2)
A weapons prohibition order must be served on the person personally and is not binding on the person until it has been so served.
(3)
If the Commissioner proposes to issue a weapons prohibition order against a person, a police officer may—
1. (a)
  require the person to remain at a particular place while the order is prepared and issued so that the order may be served on the person; and
2. (b)
  if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for—
  1. (i)
    so long as may be necessary for the order to be served on the person; or
  2. (ii)
    2 hours,
whichever is the lesser.
(4)
A weapons prohibition order served on a person must be accompanied by a notice—
1. (a)
  setting out the Commissioner's reasons for issuing the order; and
2. (b)
  setting out the terms and the effect of the order; and
3. (c)
  stating that the person may, within 28 days, appeal to the District Court against the order.
(5)
If the decision to issue the order was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.
(6)
Subject to subsection (7), a weapons prohibition order issued against a person remains in force for a period of 3 years from the date on which it was served on the person or for such lesser period as may be specified in the order.
(7)
The Commissioner may, on his or her own initiative or on application, by notice in writing served personally or by post on a person, revoke a weapons prohibition order issued against the person.
(8)
For the avoidance of doubt, the fact that a weapons prohibition order issued against a person has ceased to be in force in accordance with subsection (6), or has been revoked in accordance with subsection (7), does not prevent the Commissioner from issuing a subsequent weapons prohibition order against the person in accordance with this section.

21IEffect of weapons prohibition order

(1)
A person to whom a weapons prohibition order applies is disqualified from obtaining an exemption under section 21F.
(2)
While a weapons prohibition order applies to a person—
(a)
any exemption under Schedule 2 does not apply in relation to the person unless the Schedule expressly provides that it will apply to such a person; and
(b)
any exemption held by the person under section 21F is suspended.
(3)
A person to whom a weapons prohibition order applies must not manufacture, sell, distribute, supply, deal with, use or possess a prohibited weapon.
Maximum penalty: $35 000 or imprisonment for 4 years.
(4)
A person to whom a weapons prohibition order applies—
(a)
must not be present at—
(i)
a place at which a person carries on the business of manufacturing, repairing, modifying or testing prohibited weapons or buying, selling or hiring out, prohibited weapons; or
(ii)
any other place of a kind prescribed by regulation; and
(b)
must not be in the company of a person who has a prohibited weapon on or about his or her person or under his or her immediate physical control.
Maximum penalty: $10 000 or imprisonment for 2 years.
(5)
It is a defence to prosecution for an offence against subsection (4)(a) to prove that the person did not know, and could not reasonably be expected to have known, that the place was a place of a kind referred to in that paragraph.
(6)
It is a defence to prosecution for an offence against subsection (4)(b) to prove that the person did not know, and could not reasonably be expected to have known, that the other person had a prohibited weapon on or about his or her person or under his or her immediate physical control.
(7)
A person to whom a weapons prohibition order applies must—
(a)
as soon as reasonably practicable after becoming aware of the presence of a prohibited weapon on premises at which the person resides, notify the Commissioner of that fact in the manner (if any) prescribed by the regulations; and
(b)
comply with—
(i)
a direction of the Commissioner, given in response to that notification, that the person must not reside at the premises; or
(ii)
any other direction of the Commissioner, given in response to that notification, in relation to the weapon.
Maximum penalty: $10 000 or imprisonment for 2 years.
(8)
A person must not supply a prohibited weapon to a person to whom a weapons prohibition order applies or permit such a person to gain possession of a prohibited weapon.
Maximum penalty: $35 000 or imprisonment for 4 years.
(9)
It is a defence to prosecution for an offence against subsection (8) to prove that the person did not know, and could not reasonably be expected to have known, that a weapons prohibition order applies to the person.
(10)
For the purposes of this section, if a person to whom a weapons prohibition order applies—
(a)
is on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) when a prohibited weapon is on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft; or
(b)
was on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) immediately before a prohibited weapon was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft,
the person will be taken to possess the prohibited weapon unless it is proved that—
(c)
the person has notified the Commissioner of the presence of the weapon in accordance with subsection (7); or
(d)
the person did not know, and could not reasonably be expected to have known, that the weapon was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft.
(11)
The Commissioner may exempt a person, unconditionally or subject to conditions, from a specified provision of this section and may vary or revoke an exemption by notice in writing served personally or by registered post on the holder of the exemption.

21JRight of appeal to District Court

(1)
A person aggrieved by a decision of the Commissioner—
(a)
to issue a weapons prohibition order under section 21H; or
(b)
to vary or revoke an exemption under section 21I(11),
may appeal against the decision to the District Court.
(2)
If the Commissioner has not given the person reasons in writing for making the decision appealed against, the Commissioner must do so on request made within 28 days after the person received notice of the decision.
(3)
If a decision was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.
(4)
An appeal under this section must be made—
(a)
within 28 days after the person received notice of the decision appealed against; or
(b)
if a request for reasons in writing is made under subsection (2)—within 28 days after the person received the reasons in writing.
(5)
On an appeal under this section, the Court—
(a)
must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and
(b)
may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent.

21KReports relating to weapons prohibition orders

The following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):
(a)
the number of weapons prohibition orders issued under section 21H;
(b)
the number of weapons prohibition orders revoked under section 21H;
(c)
the number of appeals under section 21J and the outcome of each appeal that has been completed or finally determined;
(d)
any other information requested by the Minister.

21LPower to search for prohibited weapons

(1)
A police officer may, as reasonably required for the purpose of ensuring compliance with a weapons prohibition order issued by the Commissioner—
(a)
detain a person to whom this subsection applies and search the person for prohibited weapons; and
(b)
stop and detain a vehicle, vessel or aircraft to which this subsection applies and search the vehicle, vessel or aircraft for prohibited weapons; and

(c)
enter premises to which this subsection applies and search the premises for prohibited weapons.
(2)
Subsection (1) applies—
(a)
to a person to whom a weapons prohibition order issued by the Commissioner applies; and
(b)
to a vehicle, vessel or aircraft that a police officer suspects on reasonable grounds is in the charge of a person to whom the subsection applies; and
(c)
to premises that a police officer suspects on reasonable grounds are occupied by, or under the care, control or management of, a person—
(i)
who the police officer suspects on reasonable grounds of contravening a weapons prohibition order; or
(ii)
who has previously contravened a weapons prohibition order.
(3)
If a prohibited weapon is delivered or seized under this section, it must be forwarded immediately to the Commissioner.

21MForfeiture

A court that has convicted a person of an offence against this Part may order that the weapon, implement or article in relation to which the offence was committed be forfeited to the Crown.

21NGeneral amnesty

(1)
The Commissioner may, with the approval of the Minister, from time to time declare a general amnesty from 1 or more of the provisions of this Part.
(2)
An amnesty—
(a)
must be declared by notice in the Gazette and in a newspaper circulating generally throughout the State; and
(b)
applies in relation to the provision or provisions of this Part specified in the notice, either generally or subject to limitations specified in the notice (the relevant provisions); and
(c)
applies for the period specified in the notice; and
(d)
applies for the benefit of all members of the class or classes of persons affected by the relevant provisions; and
(e)
is subject to the terms and conditions (if any) set out in the notice.
(3)
The Commissioner may, with the approval of the Minister, vary or revoke the declaration of an amnesty under subsection (1) by notice in the Gazette and in a newspaper circulating generally throughout the State.

21ORegulations

Regulations made for the purposes of this Part may, without limitation—
(a)
prescribe circumstances in which a person will be taken to have a lawful excuse in relation to an act or omission referred to in section 21C or 21E; and
(b)
provide that this Part or specified provisions of this Part do not apply to a specified class of persons; and
(c)
provide that this Part or specified provisions of this Part do not apply to a specified class of weapon, implement or article; and
(d)
prescribe evidentiary provisions to facilitate proof of an offence against this Part.

Part 3BLiquor etc21OAInterpretation

In this Part—
designated area means an area of land designated by the Minister under section 21OD;
liquor has the same meaning as in the Liquor Licensing Act 1997;
prescribed area means—
(a)
an area comprised of a public place or public places specified in a notice under section 131 of the Liquor Licensing Act 1997; or
(b)
Trust Land within the meaning of the Aboriginal Lands Trust Act 2013; or
(c)
"the lands" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or
(d)
"the lands" within the meaning of the Maralinga Tjarutja Land Rights Act 1984;
sale includes—
(a)
barter or exchange; or
(b)
offer or expose for sale, barter or exchange; or
(c)
supply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; or
(d)
supply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain.

21OBPossession, transportation of liquor for sale

(1)
A person must not—
1. (a)
  have possession of liquor for the purpose of sale; or
2. (b)
  transport liquor for the purpose of sale; or
3. (c)
  transport liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold.

Maximum penalty:
(a)
for a first offence—$20 000;
(b)
for a second or subsequent offence—$40 000.

(2)
If liquor is possessed or transported by a person in contravention of subsection (1) and is so possessed or transported on behalf of another person, that other person is guilty of an offence.

Maximum penalty:
(a)
for a first offence—$20 000;
(b)
for a second or subsequent offence—$40 000.

(3)
If liquor is possessed or transported by a person in contravention of subsection (1) (the first person), a person who—
1. (a)
  would derive a direct or indirect commercial benefit from the sale of the liquor (if the sale were to occur); and
2. (b)
  knew, or ought reasonably to have known, that the first person was in possession of or transporting the liquor for the purpose of sale,

is guilty of an offence.
Maximum penalty:
(a)
for a first offence—$20 000;
(b)
for a second or subsequent offence—$40 000.

(4)
Subsections (1) and (2) do not apply to the possession or transportation of liquor for the purpose of a sale that may lawfully be made.
(5)
It is a defence to a prosecution for an offence against subsection (3) for the person to prove that the person believed on reasonable grounds that the liquor was possessed or transported by the first person for the purpose of a sale that may lawfully be made.
(6)
If, in proceedings for an offence against subsection (1) or (2), it is proved that the amount of liquor possessed or transported exceeds the prescribed amount, it is presumed, in the absence of proof to the contrary, that the liquor was possessed or transported (as the case requires) for the purpose of sale.
(7)
A regulation for the purposes of subsection (6) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply.

21OCSupply etc of liquor in certain areas

(1)
If—
(a)
a person (the first person)—
(i)
supplies liquor to another person (the third person); or
(ii)
transports liquor intending to supply any of it, or believing that another person intends to supply any of it, to the third person; or
(iii)
possesses liquor intending to supply any of it to the third person; and
(b)
the third person is in a prescribed area,
the first person is guilty of an offence.
Maximum penalty:
(a)
for a first offence—$20 000;
(b)
for a second or subsequent offence—$40 000.
(1a)
However, a person will not be guilty of an offence against subsection (1) if 1 or more of the following circumstances apply:
(a)
the consumption or possession (or both) of liquor by the third person in the prescribed area is not prohibited under another Act or law;
(b)
the consumption or possession (or both) of liquor by the third person is not prohibited under another Act or law—
(i)
in the case of an offence against subsection (1)(a)(i)—in the part of the prescribed area in which the supply of liquor takes place; or
(ii)
in the case of an offence against subsection (1)(a)(ii) or (1)(a)(iii)—in the part of the prescribed area in which the supply of liquor is intended to take place;
(c)
under another Act or law, the third person is a person, or belongs to a class of persons, who, in the circumstances, is exempt from a prohibition on the consumption or possession (or both) of liquor that would otherwise apply to the person in the prescribed area.
(2)
If, in proceedings for an offence against subsection (1), it is proved that a person possessed or transported more than the prescribed amount of liquor in a designated area, it is presumed, in the absence of proof to the contrary, that the person possessed or transported (as the case requires) the liquor intending to supply it to a third person.
(3)
A regulation for the purposes of subsection (2) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply.

21ODDesignated areas

(1)
The Minister may, by notice published in the Gazette, designate an area of land as a designated area for the purposes of this Part.
(2)
The Minister may, by further notice published in the Gazette, vary or revoke a notice published under subsection (1).
(3)
A notice under subsection (1) or (2) can only include within a designated area land that is within 20 km of a boundary of a relevant prescribed area.
(4)
A notice under subsection (1) or (2) takes effect on the day on which it is published in the Gazette, or on a later day as specified in the notice.
(5)
If the Minister publishes a notice under subsection (1) or (2), the Minister must cause a copy of the notice to be laid before both Houses of Parliament.
(6)
If either House of Parliament passes a resolution disallowing a notice laid before it under subsection (5), the notice will cease to have effect (and in the case of a notice under subsection (2) varying or revoking a notice under subsection (1), the notice under subsection (1) will, from that time, apply as if it had not been varied or revoked (as the case requires) by the notice under subsection (2)).
(7)
A resolution is not effective for the purposes of subsection (6) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House under subsection (5).

21OEEvidence

(1)
In proceedings for an offence against this Part, an apparently genuine document purporting to be signed by the Commissioner and to certify that a specified substance is liquor will, in the absence of proof to the contrary, be proof of the matter certified.
(2)
If the label on a sealed container states or indicates that it contains liquor then, in proceedings for an offence against this Part, it is to be taken, in the absence of proof to the contrary, that the container contains liquor of the description and in the quantity and concentration stated on the label.
(3)
In this section—
label, in relation to a container, means any label, marking, or other information on the container.

21OFRegulations

The regulations may—
(a)
provide that this Part or specified provisions of this Part do not apply in prescribed circumstances or to a specified class of persons; or
(b)
provide for, or provide for the granting of, exemptions (either subject to specified conditions or otherwise) from the application of this Act or specified provisions of this Act in respect of classes of persons or activities.

Part 4Tattooing, body piercing and body modification21PInterpretation and application

(1)
In this Part, unless the contrary intention appears—
body branding means the process by which a mark, symbol or pattern is, by burning or cauterizing, applied to a person's skin;
body implantation means the implanting of an object beneath the skin;
body modification procedure means—
(a)
tattooing; and
(b)
body branding; and
(c)
body implantation; and
(d)
earlobe stretching; and
(e)
tongue splitting; and
(f)
body scarification; and
(g)
any other procedure prescribed for the purposes of this paragraph;
body piercing means the piercing of part of a person's body to create 1 or more holes for the insertion of an object;
body scarification means the cutting of a person's skin to encourage the production of scar tissue;
dental practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the dental profession (including, if appropriate, a dental therapist, dental hygienist, dental prosthetist or oral health therapist but not including a student);
genitalia includes surgically constructed genitalia;
guardian, of a minor, means a parent or legal guardian of the minor;
intimate body piercing means the piercing of a person's genitalia, anal region, perineum, nipples or uvula;
medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);
medical treatment means treatment or procedures administered or carried out by a medical practitioner, dental practitioner or nurse in the course of medical, surgical or dental practice or treatment;
nurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student).
(2)
This Part does not apply to a body piercing or body modification procedure performed on a person if the procedure is performed—
(a)
in the course of medical treatment; or
(b)
for a medical or therapeutic purpose of a kind prescribed by the regulations.

21QPerformance of body modification procedures on intoxicated persons prohibited

(1)
A person must not perform a body piercing or body modification procedure on a person who is intoxicated (whether by alcohol or by any other substance or combination of substances).

Maximum penalty: $5 000 or imprisonment for 12 months.

(2)
It is a defence to a charge of an offence against subsection (1) for the defendant to prove that he or she believed on reasonable grounds that the person on whom the procedure was performed was not intoxicated.

21RPerformance of certain procedures on minors prohibited

(1)
A person must not perform a body modification procedure on a minor.

Maximum penalty: $5 000 or imprisonment for 12 months.

(2)
A person must not perform—
1. (a)
  an intimate body piercing on a minor; or
2. (b)
  any other body piercing on a minor without the consent of the minor's guardian given in accordance with section 21S.

Maximum penalty: $5 000 or imprisonment for 12 months.

(3)
Subsection (2)(b) does not apply if the minor on whom the body piercing is to be performed is at least 16 years old.
(4)
It is a defence to a charge of an offence against this section to prove that—
1. (a)
  the defendant, or some person acting on behalf of the defendant, required the minor, or another person, to produce evidence of a kind required by the regulations of—
  1. (i)
    his or her age; or
  2. (ii)
    the consent of his or her guardian to the carrying out of the relevant procedure,
as the case requires; and
1. (b)
  the minor, or another person, made a false statement, or produced false evidence in response to that requirement; and
2. (c)
  in consequence, the defendant reasonably believed that—
  1. (i)
    the minor was of or above the requisite age; or
  2. (ii)
    the guardian consented to the carrying out of the relevant procedure,
as the case requires.
(5)
A person who seeks to rely on the defence in subsection (4) must, in order to rely on the defence, produce the identifying details, or a copy, of the evidence offered at the time of the alleged offence.

21SPre‑conditions to performing certain procedures

(1)
A person must not perform a body piercing or body modification procedure on another person unless—
1. (a)
  the person who is to perform the procedure (the service provider) (or a person acting on behalf of the service provider) and the person on whom the procedure is to be performed (the customer) enter into a written agreement containing the prescribed information as to the nature of the procedure and the manner in which it is to be carried out; and
2. (b)
  when the agreement is entered into—
  1. (i)
    the customer is given free of charge a copy of the agreement and the prescribed information; and
  2. (ii)
    if the customer is less than 16 years of age and the procedure is a body piercing to which section 21R(2)(b) applies—the consent of the customer's guardian to the procedure is given—
    1. (A)
      in person; or
    2. (B)
      in the prescribed form and verified by statutory declaration.

Maximum penalty: $5 000.
Expiation fee: $315.

(2)
Subsection (1) does not apply to an earlobe piercing performed on a person who is at least 16 years old.
(3)
A person cannot give consent under subsection (1)(b)(ii) if the person is intoxicated (whether by alcohol or by any other substance or combination of substances).
(4)
In subsection (1)(b)(i)—

prescribed information means—
(a)
information about how to care for the health and recovery of the area of the body affected by the body piercing or body modification procedure; and
(b)
any other information prescribed by the regulations.

21TSale of body modification equipment to minors prohibited

(1)
A person must not—
1. (a)
  sell body modification equipment to a minor; or
2. (b)
  supply body modification equipment to a minor in connection with the sale, or possible sale, of goods.

Maximum penalty: $2 500.

(2)
It is a defence to a charge of an offence against subsection (1) to prove that—
1. (a)
  the defendant, or some person acting on behalf of the defendant, required the minor, or another person, to produce evidence of a kind required by the regulations of his or her age; and
2. (b)
  the minor, or another person, made a false statement, or produced false evidence in response to that requirement; and
3. (c)
  in consequence, the defendant reasonably believed that the minor was of or above the age of 18 years.
(3)
A person who seeks to rely on the defence in subsection (2) must, in order to rely on the defence, produce the identifying details, or a copy, of the evidence offered at the time of the alleged offence.
(4)
If a person is convicted of an offence against subsection (1), any body modification equipment seized as evidence of the offence may be retained by the Commissioner of Police and is forfeited to the Crown—
1. (a)
  if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or
2. (b)
  if an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined.
(5)
Equipment forfeited under subsection (4) may be dealt with and disposed of in such manner as the Commissioner of Police may direct.
(6)
In this section—

body modification equipment means equipment designed to be used for the purposes of body modification;
sell means—
(a)
sell, barter or exchange; or
(b)
offer or agree to sell, barter or exchange; or
(c)
expose for sale, barter or exchange; or
(d)
have in possession for sale, barter or exchange;
supply includes offer to supply.

21UDisplay of information

A person who offers, for fee or reward, to perform body piercing or body modification procedures must display prescribed information at the premises where the procedures are offered.
Maximum penalty: $1 250.
Expiation fee: $160.

21VRecord keeping

(1)
A person must keep records in accordance with the regulations for the purposes of this Part.
Maximum penalty: $1 250.
Expiation fee: $160.
(2)
A record required to be kept by a person under this section must be kept for a period of 2 years.
Maximum penalty: $1 250.
Expiation fee: $160.

21WOffence to make false statement or produce false evidence

A person must not make a false statement or produce false evidence to a person who offers body piercing or body modification procedures in respect of—
(a)
the age of a minor; or
(b)
the consent of a minor's guardian to the performance of a body piercing or body modification procedure.
Maximum penalty: $2 500.

Part 5Offences against decency and morality22Indecent language

(1)
A person who uses indecent or profane language or sings any indecent or profane song or ballad—
(a)
in a public place; or
(b)
in a police station; or
(c)
which is audible from a public place; or
(d)
which is audible in neighbouring or adjoining occupied premises; or
(e)
with intent to offend or insult any person,
is guilty of an offence.
Maximum penalty: $250.
(2)
In this section—
indecent includes obscene.

23Indecent behaviour and gross indecency

(1)
A person who behaves in an indecent manner—
(a)
in a public place, or while visible from a public place, or in a police station; or
(b)
in a place, other than a public place or police station, so as to offend or insult any person,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2)
A person who, in a public place, or while visible from a public place or from occupied premises, wilfully does a grossly indecent act, whether alone or with another person, is guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.

23ACertain acts not an offence

An act consisting of being in an unclad state in an area dedicated or reserved under an Act for unclad bathing (whether or not that area is so dedicated or reserved for any other purpose), or an act of being in an unclad state in waters adjacent to such an area, is not of itself an offence against an Act or law in force in this State.

24Urinating etc in a public place

A person who urinates or defecates in a public place within a municipality or town, elsewhere than in premises provided for that purpose, is guilty of an offence.

1.7.2020
s 38A(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 39
s 39(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 39(3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 40	deleted by 46/1985 s 19	10.5.1985
inserted by 35/1992 s 21	6.7.1992
amended by 78/1998 Sch	17.12.2000
s 41
s 41(1)	amended by 71/1976 s 2	2.12.1976
amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
amended by 46/2003 Sch 1	1.2.2004
s 41(2) and (3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 42	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
deleted by 26/2002 s 19(2) (Sch 3 cl 8(a))	5.7.2003
Pt 9
Pt 9 heading	heading preceding s 43 deleted and Pt 9 heading inserted by 46/2003 Sch 1	1.2.2004
s 43	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 46/1985 s 36 (Sch)	8.7.1985
substituted by 90/1986 s 10(2) (Sch Pt 2)	1.2.1987
s 43(1)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 44	deleted by 46/1985 s 20	10.5.1985
inserted by 50/1989 s 3	5.10.1989
s 44(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
substituted by 78/1998 Sch	17.12.2000
s 44A	inserted by 2/2004 s 5	30.5.2004
s 45
s 45(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 45(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 46
s 46(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
substituted by 90/1986 s 10(2) (Sch Pt 2)	1.2.1987
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 46(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 47
s 47(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 47(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 47(3)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 47(4)
take	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
s 47A	inserted by 30/2022 s 3	13.2.2023
s 48 before deletion by 21/2016	amended by 46/1985 ss 21, 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
substituted by 38/1992 s 3	4.6.1992
s 48(1)	amended by 78/1998 Sch	17.12.2000
substituted by 46/2001 s 14 (Sch cl 1(a))	1.2.2002
s 48(2)	amended by 78/1998 Sch	17.12.2000
s 48(4)	amended by 78/1998 Sch	17.12.2000
deleted by 46/2001 s 14 (Sch cl 1(b))	1.2.2002
s 48(5)
carry	deleted by 46/2001 s 14 (Sch cl 1(c))	1.2.2002
graffiti implement	deleted by 46/2001 s 14 (Sch cl 1(c))	1.2.2002
mark graffiti	deleted by 46/2001 s 14 (Sch cl 1(c))	1.2.2002
s 48	deleted by 21/2016 Sch 2 cl 7	1.7.2017
s 48A	inserted by 26/2002 s 19(2) (Sch 3 cl 8(b))	5.7.2003
heading preceding s 49	inserted by 102/1987 s 3	1.5.1988
deleted by 101/1996 Sch cl 2	1.3.1998
s 49	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
deleted by 46/1985 s 22	10.5.1985
inserted by 102/1987 s 3	1.5.1988
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 55/1990 s 3	7.2.1991
deleted by 101/1996 Sch cl 2	1.3.1998
ss 49A—49D	inserted by 102/1987 s 3	1.5.1988
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
deleted by 101/1996 Sch cl 2	1.3.1998
ss 49E—49G	inserted by 102/1987 s 3	1.5.1988
deleted by 101/1996 Sch cl 2	1.3.1998
Pt 10
Pt 10 heading	heading preceding s 50 deleted and Pt 10 heading inserted by 46/2003 Sch 1	1.2.2004
s 50	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 51 before substitution by 33/2012
s 51(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 51	substituted by 33/2012 s 31	15.10.2012
s 52	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 53
s 53(1)	amended by 46/1985 s 23	10.5.1985
amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 53(2)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
s 54 before deletion by 46/1985	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
deleted by 46/1985 s 24	10.5.1985
s 54	inserted by 56/2004 s 6	7.2.2005
s 55	deleted by 46/1985 s 25	10.5.1985
s 56	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 57
s 57(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 57(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 57(3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 57(4)
rubbish	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
s 58
s 58(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
amended by 16/2023 s 2(1), (2)	1.6.2023
s 58(1a)—(1d)	inserted by 16/2023 s 2(3)	1.6.2023
s 58(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 58(3)	inserted by 16/2023 s 2(4)	1.6.2023
s 58A
s 58A(1)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 58A(2)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 58A(3)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 58A(4)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
amended by 46/2003 Sch 1	1.2.2004
s 58A(5)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
amended by 46/2003 Sch 1	1.2.2004
s 58A(6)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 58B
s 58B(1) and (2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 58B(3)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 58B(4)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 65/1995 Sch cl 1(a)	3.3.1996
amended by 78/1998 Sch	17.12.2000
Pt 11
Pt 11 heading	heading preceding s 59 deleted and Pt 11 heading inserted by 46/2003 Sch 1	1.2.2004
s 59
s 59(1)—(3)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
s 59(4)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 59(5)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 59(7)	amended by 46/2003 Sch 1	1.2.2004
s 59(8)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
s 59(9)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
Pt 11A	inserted by 30/2018 s 4	20.12.2018
Pt 12
Pt 12 heading	heading preceding s 61 deleted and Pt 12 heading inserted by 46/2003 Sch 1	1.2.2004
s 61
s 61(1)	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
amended by 46/2003 Sch 1	1.2.2004
s 61(2)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
Pt 13
Pt 13 heading	heading preceding s 62 deleted and Pt 13 heading inserted by 46/2003 Sch 1	1.2.2004
s 62
s 62(1)	substituted by 50/1984 s 3(1) (Sch 4)	6.7.1985
substituted by 46/1985 s 26	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
amended by 46/2003 Sch 1	1.2.2004
s 62(1a)	inserted by 50/1984 s 3(1) (Sch 4)	6.7.1985
deleted by 46/1985 s 26	8.7.1985
s 62(2)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 62(3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 62A
s 62A(1)	substituted by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 59/1994 Sch 2	1.1.1995
amended by 78/1998 Sch	17.12.2000
amended by 46/2003 Sch 1	1.2.2004
s 62A(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 62A(3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 62A(4)	inserted by 46/2003 Sch 1	1.2.2004
s 63	deleted by 46/1985 s 27	10.5.1985
Heading preceding s 64	inserted by 39/1981 s 3	1.1.1982
deleted by 34/1996 s 4 (Sch cl 34)	3.2.1997
s 64	deleted by 38/1979 s 3	1.7.1979
inserted by 39/1981 s 3	1.1.1982
amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 31/1986 s 3	1.7.1986
amended by 75/1988 s 3	6.3.1989
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 55/1990 s 4	7.2.1991
amended by 65/1995 Sch cl 1(b)	3.3.1996
deleted by 34/1996 s 4 (Sch cl 34)	3.2.1997
Pt 14
Pt 14 heading	heading preceding s 65 deleted and Pt 14 heading inserted by 46/2003 Sch 1	1.2.2004
s 65	substituted by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 34/1996 s 4 (Sch cl 34)	3.2.1997
amended by 46/2003 Sch 1	1.2.2004
Heading preceding s 66	deleted by 46/2003 Sch 1	1.2.2004
s 66	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
deleted by 35/1992 s 22	6.7.1992
Pt 14A before deletion by 29/2007	inserted by 56/2004 s 7	2.5.2005
s 66
s 66(1)
prescribed offence	amended by 23/2005 Sch 1 cl 1	1.12.2005
Pt 14A	deleted by 29/2007 Sch 1 cl 2	16.12.2007
Pt 14A	inserted by 12/2012 s 48	17.6.2012
s 66
s 66(1)
prescribed offence	amended by 46/2015 Sch 1 cl 21	1.7.2017
s 66A
s 66A(1)	amended by 19/2015 s 11(1)	6.8.2015
s 66A(3)	deleted by 19/2015 s 11(2)	6.8.2015
Pt 14B	inserted by 3/2017 s 5	1.5.2017
s 66V	substituted by 64/2017 s 129	22.10.2018
Pt 15
Pt 15 heading	heading preceding s 67 substituted by 65/1995 s 4	3.3.1996
heading preceding s 67 deleted and Pt 15 heading inserted by 46/2003 Sch 1	1.2.2004
s 67
s 67(1)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 67(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 11/2013 s 26	9.6.2013
s 67(3)	substituted by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 67(4)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 59/1994 Sch 2	1.1.1995
amended by 46/2003 Sch 1	1.2.2004
s 67(5)	deleted by 59/1994 Sch 2	1.1.1995
s 68
s 68(1)	amended by 46/1985 s 28(a)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 68(2)	amended by 46/1985 s 28(b)	8.7.1985
s 68A	inserted by 13/2006 s 67	30.4.2007
s 69	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 46/2003 Sch 1	1.2.2004
s 70	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 71	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 72	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
s 72A	inserted by 20/2012 s 7	15.12.2012
s 72A(5)	amended by 25/2019 s 92	3.10.2019
s 72A(8)
licensed premises	amended by 49/2017 Sch 1 cl 10	18.11.2019
ss 72B and 72C	inserted by 20/2012 s 7	15.12.2012
ss 72D—72F	inserted by 62/2017 s 7	1.5.2018
s 73	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 46/1985 ss 29, 36 (Sch)	8.7.1985
substituted by 68/1987 s 2	29.10.1987
s 73(1)	amended by 106/1995 s 4	21.12.1995
amended by 46/2003 Sch 1	1.2.2004
s 73(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 106/1995 s 4	21.12.1995
amended by 78/1998 Sch	17.12.2000
s 74
s 74(1)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 74(2)	amended by 46/2003 Sch 1	1.2.2004
s 74A	s 75A inserted by 46/1985 s 31	8.7.1985
s 75A redesignated as s 74A by 105/1986 s 3	5.4.1987
s 74A(1)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
amended by 13/2006 s 68(1)	30.4.2007
s 74A(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
amended by 13/2006 s 68(2)	30.4.2007
s 74A(3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 78/1998 Sch	17.12.2000
amended by 13/2006 s 68(3), (4)	30.4.2007
s 74A(4)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
substituted by 13/2006 s 68(5)	30.4.2007
s 74A(5)	inserted by 13/2006 s 68(5)	30.4.2007
personal details	amended by 41/2013 Sch 1 cl 3	22.12.2013
s 74AB	inserted by 13/2006 s 69	30.4.2007
s 74B	inserted by 38/1990 s 4	26.7.1990
s 74B(1) before deletion by 56/2003
major offence	substituted by 53/1992 s 2	29.10.1992
s 74B(1)	deleted by 56/2003 s 5(1)	10.1.2005
s 74B(2)	amended by 56/2003 s 5(2)	10.1.2005
s 74B(5) and (6)	amended by 46/2003 Sch 1	1.2.2004
s 74B(7)	amended by 78/1998 Sch	17.12.2000
s 74BAA	inserted by 56/2003 s 6	10.1.2005
s 74BAAB	inserted by 33/2008 Sch 1 cl 1	23.10.2008
s 74BAAB(1)	substituted by 20/2012 s 8	15.12.2012
Pt 16	inserted by 46/2003 s 8	1.2.2004
s 74BA
criminal intelligence	inserted by 19/2012 s 12	12.7.2012
declared organisation	inserted by 13/2012 Sch 1 cl 3(1)	17.6.2012
member	inserted by 13/2012 Sch 1 cl 3(2)	17.6.2012
s 74BB
s 74BB(1)	amended by 13/2008 Sch 1 cl 7	4.9.2008
s 74BB(3)	amended by 17/2006 s 226	4.9.2006
s 74BB(5)—(8)	deleted by 19/2012 s 13	12.7.2012
s 74BC
s 74BC(2)	amended by 19/2012 s 14(1)	12.7.2012
s 74BC(3)	amended by 19/2012 s 14(2)	12.7.2012
s 74BC(4)	substituted by 19/2012 s 14(3)	12.7.2012
s 74BGA	inserted by 19/2012 s 15	12.7.2012
Pt 16A	inserted by 13/2019 s 11	24.10.2019
s 74BN
s 74BN(1)
child exploitation offence	substituted by 26/2019 Sch 1 cl 1	3.1.2020
Pt 17
Pt 17 heading	heading preceding s 74C inserted by 65/1995 s 5	3.3.1996
heading preceding s 74C deleted and Pt 17 heading inserted by 46/2003 Sch 1	1.2.2004
Pt 17 Div 1
heading	inserted by 16/2015 s 22	1.7.2016
s 74C	inserted by 65/1995 s 5	3.3.1996
amended by 46/2003 Sch 1	1.2.2004
interview	amended by 52/2012 Sch 3 cl 73(1)	1.9.2013
amended by 38/2021 Sch 1 cl 55(1)	7.10.2021
investigating officer	amended by 46/2003 Sch 1	1.2.2004
amended by 52/2012 Sch 3 cl 73(2)	1.9.2013
amended by 38/2021 Sch 1 cl 55(2)	7.10.2021
Pt 17 Div 2
heading	inserted by 16/2015 s 23	1.7.2016
s 74D	inserted by 65/1995 s 5	3.3.1996
s 74D(1)	amended by 16/2015 s 24(1)—(5)	1.7.2016
s 74D(3)	amended by 16/2015 s 24(6), (7)	1.7.2016
s 74D(4)	amended by 46/2003 Sch 1	1.2.2004
substituted by 16/2015 s 24(8)	1.7.2016
s 74D(5)	amended by 16/2015 s 24(9)	1.7.2016
s 74D(6)	amended by 46/2003 Sch 1	1.2.2004
amended by 16/2015 s 24(10)	1.7.2016
s 74E	inserted by 65/1995 s 5	3.3.1996
s 74E(1)	amended by 46/2003 Sch 1	1.2.2004
amended by 16/2015 s 25	1.7.2016
Pt 17 Div 3	inserted by 16/2015 s 26	1.7.2016
s 74EA
s 74EA(1a)	inserted by 57/2021 s 22(1)	1.6.2022
s 74EA(2)
child sexual offence	inserted by 57/2021 s 22(2)	1.6.2022
serious offence against the person	amended by 28/2016 s 30(1)—(4)	1.7.2016
s 74EC
s 74EC(1)	amended by 37/2017 s 3(1), (2)	10.10.2017
s 74EC(1a) and (1b)	inserted by 37/2017 s 3(3)	10.10.2017
s 74EC(2)	amended by 37/2017 s 3(1), (4)	10.10.2017
Pt 17 Div 4
heading	inserted by 16/2015 s 27	1.7.2016
s 74F	inserted by 65/1995 s 5	3.3.1996
amended by 46/2003 Sch 1	1.2.2004
amended by 16/2015 s 28(1)—(3)	1.7.2016
s 74G	inserted by 65/1995 s 5	3.3.1996
amended by 46/2003 Sch 1	1.2.2004
s 74H	inserted by 16/2015 s 29	1.7.2016
Pt 18
Pt 18 heading	heading preceding s 75 inserted by 65/1995 s 6	3.3.1996
heading preceding s 75 deleted and Pt 18 heading inserted by 46/2003 Sch 1	1.2.2004
s 75	s 75(1) redesignated as s 75 in pursuance of the Acts Republication Act 1967	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 75(2) and (3)	deleted by 46/1985 s 30	8.7.1985
s 75A—see s 74A
s 76	substituted by 31/1986 s 4	1.7.1986
s 76(1)	amended by 46/2003 Sch 1	1.2.2004
amended by 60/2013 s 14	1.10.2014
s 77	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
substituted by 102/1987 s 4	1.5.1988
s 77(1)	amended by 46/2003 Sch 1	1.2.2004
s 77(2)	amended by 46/2003 Sch 1	1.2.2004
amended by 60/2013 s 15	1.10.2014
s 78	amended by 46/1976 s 3	28.10.1976
amended by 69/1983 s 4	14.11.1983
amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
substituted by 6/1985 s 7(a)	7.7.1985
substituted by 46/1985 s 32	8.7.1985
s 78(1) and (2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
substituted by 60/2013 s 16(1)	1.10.2014
s 78(2a)	inserted by 60/2013 s 16(1)	1.10.2014
s 78(3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
amended by 60/2013 s 16(2)	1.10.2014
s 78(3a)—(3c)	inserted by 60/2013 s 16(3)	1.10.2014
s 78(4)	amended by 60/2013 s 16(4)	1.10.2014
s 78(5)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
amended by 60/2013 s 16(5)	1.10.2014
s 78(6)
the prescribed period	amended by 106/1986 s 3	30.3.1987
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 78(6)	substituted by 60/2013 s 16(6)	1.10.2014
s 78(7)—(10)	inserted by 60/2013 s 16(6)	1.10.2014
s 78A	inserted by 38/1978 s 3	6.4.1978
s 78A(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 78A(3)	amended by 46/1985 s 33	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 78A(4) and (5)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 79
s 79(1)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 79(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
amended by 60/2013 s 17(1)	1.10.2014
s 79(3)	inserted by 60/2013 s 17(2)	1.10.2014
s 79A	inserted by 46/1985 s 34	8.7.1985
s 79A(1)	amended by 106/1986 s 4(a)	30.3.1987
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 79A(1a)	inserted by 106/1986 s 4(b)	30.3.1987
amended by 46/2003 Sch 1	1.2.2004
amended by 28/2016 s 31	1.12.2016
s 79A(1b)	inserted by 106/1986 s 4(b)	30.3.1987
amended by 46/2003 Sch 1	1.2.2004
s 79A(2)	amended by 46/2003 Sch 1	1.2.2004
s 79A(3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 79B	inserted by 46/1985 s 34	8.7.1985
s 79B(1)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 79B(2) and (3)

amended by 46/2003 Sch 1	1.2.2004
s 79B(4)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 79B(5)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 79B(6)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 79B(8)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 80	deleted by 6/1985 s 7(b)	7.7.1985
inserted by 27/1995 s 21	10.7.1995
amended by 46/2003 Sch 1	1.2.2004
s 81
s 81(1)	amended by 46/1985 s 35(a)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 8/1998 Sch 2 (cl 2(a))	25.7.1999
substituted by 54/2000 s 3(a)	22.2.2002
s 81(2)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
substituted by 8/1998 Sch 2 (cl 2(b))	25.7.1999
substituted by 54/2000 s 3(a)	22.2.2002
substituted by 46/2003 Sch 1	1.2.2004
s 81(3)	amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
substituted by 8/1998 Sch 2 (cl 2(b))	25.7.1999
substituted by 54/2000 s 3(a)	22.2.2002
amended by 46/2003 Sch 1	1.2.2004
amended by 28/2016 s 32(1)—(7)	16.6.2016
amended by 35/2016 s 38	8.9.2016
s 81(3a)	inserted by 54/2000 s 3(a)	22.2.2002
amended by 28/2016 s 32(8)	16.6.2016
s 81(3b)	inserted by 54/2000 s 3(a)	22.2.2002
amended by 46/2003 Sch 1	1.2.2004
amended by 28/2016 s 32(9)—(11)	16.6.2016
s 81(3c)	inserted by 54/2000 s 3(a)	22.2.2002
amended by 46/2003 Sch 1	1.2.2004
amended by 28/2016 s 32(12)	16.6.2016
s 81(3d)	inserted by 54/2000 s 3(a)	22.2.2002
amended by 28/2016 s 32(13)	16.6.2016
s 81(3e)	inserted by 54/2000 s 3(a)	22.2.2002
amended by 28/2016 s 32(14)	16.6.2016
s 81(3f)	inserted by 54/2000 s 3(a)	22.2.2002
amended by 28/2016 s 32(15)	16.6.2016
s 81(3g)	inserted by 54/2000 s 3(a)	22.2.2002
amended by 28/2016 s 32(16)	16.6.2016
s 81(4)	substituted by 46/1985 s 35(b)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
(b) deleted by 8/1998 Sch (cl 2(c))	25.7.1999
amended by 46/2003 Sch 1	1.2.2004
s 81(4a) and (4b)	inserted by 46/1985 s 35(b)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 81(4c)	inserted by 46/1985 s 35(b)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 81(4d)	inserted by 46/1985 s 35(b)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 81(4e)	inserted by 46/1985 s 35(b)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 8/1998 Sch 2 (cl 2(d))	25.7.1999
amended by 78/1998 Sch	17.12.2000
s 81(4f)	inserted by 46/1985 s 35(b)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 8/1998 Sch 2 (cl 2(e))	25.7.1999
deleted by 5/2007 Sch 1 cl 4	14.5.2007
s 81(4g)	inserted by 54/2000 s 3(b)	22.2.2002
s 81(5)	amended by 46/2003 Sch 1	1.2.2004
s 81(5a)	inserted by 54/2000 s 3(c)	22.2.2002
s 81(6)	inserted by 54/2000 s 3(c)	22.2.2002
medical practitioner	substituted by 5/2010 Sch 1 cl 27	1.7.2010
registered nurse	substituted by 5/2010 Sch 1 cl 27	1.7.2010
amended by 229/2018 Sch 1 cl 7	1.12.2018
s 82	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
amended by 46/2003 Sch 1	1.2.2004
s 82A	inserted by 47/2021 s 6	25.11.2021
s 83	amended by 46/1985 s 36 (Sch)	8.7.1985
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
deleted by 35/1992 s 23	6.7.1992
Pt 19
Pt 19 heading	heading preceding s 83A inserted by 105/1986 s 4	5.4.1987
heading preceding s 83A deleted and Pt 19 heading inserted by 46/2003 Sch 1	1.2.2004
s 83A	inserted by 105/1986 s 4	5.4.1987
s 83A(2) and (3)	amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 83A(4)
investigating officer	amended by 46/2003 Sch 1	1.2.2004
Pt 20
Pt 20 heading	heading preceding s 83B deleted and Pt 20 heading inserted by 46/2003 Sch 1	1.2.2004
s 83B	inserted by 38/1990 s 5	26.7.1990
s 83B(3)	amended by 46/2003 Sch 1	1.2.2004
s 83B(5)	amended by 78/1998 Sch	17.12.2000
s 83B(6)	amended by 46/2003 Sch 1	1.2.2004
s 83B(11) before substitution by 29/2009	amended by 73/1994 Sch 2	2.2.1995
amended by 30/2004 Sch 1 cl 5	25.11.2004
(b) deleted by 40/2005 Sch 6 cl 12	1.10.2005
s 83B(11)	substituted by 29/2009 s 28	25.6.2008
amended by 21/2011 Sch 1 cl 10	16.9.2012
s 83BA	inserted by 106/1995 s 5	21.12.1995
s 83BA(1)	amended by 46/2003 Sch 1	1.2.2004
s 83BA(5)	amended by 78/1998 Sch	17.12.2000
s 83BA(7)—(9)	amended by 46/2003 Sch 1	1.2.2004
s 83C	inserted by 38/1990 s 5	26.7.1990
s 83C(1), (3) and (4)	amended by 46/2003 Sch 1	1.2.2004
s 84	amended by 114/1983 s 4(b)	22.12.1983
amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
deleted by 78/1998 Sch	17.12.2000
s 85(1)	s 85 amended by 50/1984 s 3(1) (Sch 4)	6.7.1985
s 85 amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
s 85 substituted by 65/1995 s 7	3.3.1996
s 85 redesignated as s 85(1) by 78/1998 s 4	17.12.2000
s 85(2)	inserted by 78/1998 s 4	17.12.2000
amended by 33/2002 s 18	3.3.2003
amended by 20/2012 s 9(1)	15.12.2012
(b) deleted by 20/2012 s 9(1)	15.12.2012
s 85(3)	inserted by 20/2012 s 9(2)	15.12.2012
Sch 1	Sch amended by 23/1990 s 3(1) (Sch 7)	24.9.1990
Sch amended by 59/1994 Sch 2	1.1.1995
Sch amended by 42/1999 s 54	1.1.2000
heading	substituted by 11/2013 s 27	9.6.2013
Sch 2	inserted by 20/2012 s 10	15.12.2012
cl 19
cl 19(1)	amended by 46/2015 Sch 1 cl 22(1), (2)	1.7.2017
cl 19(2)	amended by 46/2015 Sch 1 cl 22(3), (4)	1.7.2017
cl 24	inserted by 66/2020 r 4	21.5.2020

Transitional etc provisions associated with Act or amendments

Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996

5—Transitional provision

An Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.

Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007, Sch 1

3—Transitional provision

Part 14A of the Summary Offences Act 1953, as in force immediately before the commencement of this Act, continues to apply in relation to an offence committed or allegedly committed before the commencement of this Act.

Summary Offences (Weapons) Amendment Act 2012, Sch 1 Pt 4—Transitional provision

4—Declarations by Minister continue

A declaration by the Minister in force under section 15(2d) of the Summary Offences Act 1953 immediately before the commencement of section 5 continues in force as if it were a declaration by the Minister under section 21F of that Act (as in force after the commencement of section 5).

Summary Offences (Interviewing Vulnerable Witnesses) Amendment Act 2017, Sch 1

1—Transitional provision

(1)
An audio visual record of a statement of a witness to whom this subclause applies made to an investigating officer after the commencement of Part 5 of the SAVW Act and before the commencement of Part 2 of this Act as part of a formal interview process in relation to the investigation of an alleged offence (other than a serious offence against the person) may be admissible under section 13BA of the Evidence Act 1929 as evidence in the trial of a charge of the offence as if the recording had been made pursuant to Division 3 of Part 17 of the Summary Offences Act 1953 in accordance with the requirements of that Division as in force following the commencement of Part 2 of this Act.
(2)
Subclause (1) applies to a witness who is—
(a)
a child of or under the age of 14 years; or
(b)
a person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions.
(3)
In this clause—
interview and investigating officer have the same meanings as in section 74C of the Summary Offences Act 1953;
serious offence against the person has the same meaning as in section 74EA of the Summary Offences Act 1953;
SAVW Act means the Statutes Amendment (Vulnerable Witnesses) Act 2015.

2—Prescribed interviewer

(1)
An interview conducted by a designated person with a potential witness during the transitional period will be taken to be (and always to have been) an interview conducted by a prescribed interviewer for the purposes of section 74EB of the Summary Offences Act 1953.
(2)
In this clause—
designated person means a person identified by the Minister for Health by notice in the Gazette as a designated person for the purposes of subclause (1);
transitional period means the period commencing on 1 July 2016 and concluding on 21 August 2017.
Note—
The Statutes Amendment (Vulnerable Witnesses) Act 2015 came into operation on 1 July 2016.

Statutes Amendment (Explosives) Act 2017, Pt 3

8—Review

(1)
The Attorney‑General must undertake a review of the operation and effectiveness of the amendments effected by this Part.
(2)
The review required under this section must commence not later than 3 years after the commencement of this Part.
(3)
The Attorney‑General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.

Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21

76—Savings and transitional regulations

Regulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.

Historical versions

Reprint—24.9.1990
Reprint No 1—7.2.1991
Reprint No 2—6.7.1992
Reprint No 3—29.10.1992
Reprint No 4—1.1.1995
Reprint No 5—2.2.1995
Reprint No 6—3.4.1995
Reprint No 7—10.7.1995
Reprint No 8—2.11.1995
Reprint No 9—21.12.1995
Reprint No 10—3.3.1996
Reprint No 11—3.2.1997
Reprint No 12—27.4.1997
Reprint No 13—14.9.1997
Reprint No 14—1.3.1998
Reprint No 15—25.7.1999
Reprint No 16—1.1.2000
Reprint No 17—8.6.2000
Reprint No 18—17.12.2000
Reprint No 19—1.2.2002
Reprint No 20—22.2.2000
Reprint No 21—11.7.2002
Reprint No 22—3.3.2003
Reprint No 23—5.7.2003
Reprint No 24—1.2.2004
3.5.2004
30.5.2004
1.7.2004
25.11.2004
10.1.2005
30.1.2005
7.2.2005
2.5.2005
1.7.2005
1.10.2005
1.12.2005
15.5.2006
4.9.2006
1.4.2007
30.4.2007
14.5.2007
16.12.2007
8.6.2008
4.9.2008
23.10.2008
27.11.2008
8.2.2009
25.6.2009
1.7.2010
31.10.2010
1.1.2012
17.6.2012
12.7.2012
31.8.2012
16.9.2012
15.10.2012
25.10.2012
15.12.2012
3.2.2013
9.5.2013
9.6.2013
1.7.2013
1.9.2013
22.12.2013
1.10.2014
1.4.2015
6.8.2015
16.6.2016
1.7.2016
8.9.2016
28.10.2016
1.12.2016
1.5.2017
1.7.2017
18.7.2017
10.10.2017
23.1.2018
30.4.2018 (electronic only)
1.5.2018
22.10.2018
1.12.2018
20.12.2018
3.10.2019
24.10.2019
18.11.2019
3.1.2020
3.2.2020
21.5.2020
1.7.2020 (electronic only)
9.7.2020
13.12.2020
7.10.2021
25.11.2021
1.6.2022
13.2.2023
1.6.2023