Summary Offences Act 1966 (Vic)

Version No. 144

Summary Offences Act 1966

No. 7405 of 1966

Version incorporating amendments as at

30 September 2025

TABLE OF PROVISIONS

Section  Page

1Short title, commencement and division

3Definitions

Part I—Provisions applicable throughout Victoria

Division 1—Public order

Offences Relating to the Good Order

4Offences relating to the good order of towns etc.

5Obstruction of footpath etc.

Division 1A—Move-on powers

6Direction to move on

Division 1B—Councils to consult with Victoria Police

6AConsultation with Victoria Police before issuing permit to facilitate public protest

Division 2—General

Offences tending to Personal Injury, or Damage to Property, &c.

7Offences tending to personal injury or damage to property

Offences relating to Horse-drawn Vehicles, Public Vehicles, Animals, &c.

8Offences relating to horse-drawn vehicles, public vehicles, animals etc.

Destroying, Damaging or Injuring Property—Trespass

9Wilful destruction, damage etc. of property

Bill Posting, &c.

10Posting bills etc. and defacing property

Fire

11Lighting of fires in the open air

Obscene, Threatening, Insulting, Abusive, &c. Words and Behaviour

17Obscene, indecent, threatening language and behaviour etc. in public

17ADisorderly conduct

19Sexual exposure

Conduct of Refreshment Houses

20Improperly conducting refreshment house

Disturbing Religious Worship

21Disturbing religious worship

Entry of Police into Houses, Buildings, &c.

22Entry of police

Assaults

23Common assault

24Aggravated assault

25Conviction or dismissal a bar to criminal proceedings

Property Suspected to be Stolen, &c.

26Unexplained possession of personal property reasonably suspected to be stolen

27Search warrant for skins of cattle, goods from wreck etc.

28Recovery of possession of stolen cattle

29Recovery of price paid for stolen cattle

30Possession of skin or carcass of stolen cattle

31Possession of property from wrecks

32Offering property from wrecks for sale

33Examination of persons through whose hands property has passed

34Retaining or disposing of property as workmen etc.

Passing Valueless Cheques

37Obtaining goods etc. by valueless cheque

Division 3—Illegal taking or using of vehicles

38Taking or using vehicle without consent of owner etc.

Division 3A—Commercial sexual services

38ADefinitions

38BCommercial sexual services at or near certain places

38COffence to allow child on premises used for commercial sexual services

38DPower to require person to state age

Division 4—Advertising of commercial sexual services

38EDefinition

38FAdvertising controls for commercial sexual services

39Advertising regulations

Division 4A—Observation of genital or anal region

40Definitions

41Location immaterial

41AObservation of genital or anal region

41DExceptions to offence against section 41A

41ESearch warrant

41FSeizure of things not mentioned in the warrant

41GAnnouncement before entry

Division 4B—Food or drink spiking

41HFood or drink spiking

Division 4C—Public display or performance of Nazi symbols or gestures

41IStatement for this Division

41JDefinitions

41KPublic display or performance of Nazi symbols or gestures

41LDirection to remove Nazi symbol or Nazi gesture from public display

41MIssue of search warrant by magistrate

Division 5—Tattooing of juveniles

42Tattooing of juveniles

Division 6—Body piercing

43Definitions

43AApplication

44Intimate body piercing of persons under 18

44ANon-intimate body piercing of persons under 16

Division 7—Homing pigeons

45Definition

46Destruction of homing pigeons

47Compensation

48Entering in pursuit of homing pigeons

49Existing remedies preserved

Division 8—Other offences

49ABegging or gathering alms

49BLoitering with intent to commit an indictable offence

49CBeing disguised with unlawful intent

49DPossessing housebreaking implements

49EEscaping from lawful custody

49FContravening certain conduct conditions of bail undertakings

Part II—Provisions applicable to special localities

Matches

50Prohibition of use of certain kinds of matches in specified localities in certain months

Trespass for certain Purposes

50ATrespass—land used for primary production

Part III—Supplementary

51Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty

51AAssaulting registered health practitioners

52Besetting premises

52AOffence to harass witnesses etc.

53Making false reports to police etc.

54Offence by body corporate

55Liability of masters

56Who may file charge-sheet

57Neglect to prosecute

59Procedure

60Offences of more serious nature not to be dealt with under this Act

60AAPower to serve infringement notice

60ABInfringement penalty

60AForfeiture of weapons or instruments

61Proceeds of sale of forfeited property to be paid to Consolidated Fund

61ARegulations

62Transitional provisions

63Savings and validation provision—Summary Offences and Control of Weapons Acts Amendment Act 2009—lodgeable infringement offences

64Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017

65Transitional provision—Sex Work Decriminalisation Act 2022

66Transitional provision—Sex Work Decriminalisation Act 2022

67Transitional provision—Summary Offences Amendment (Nazi Salute Prohibition) Act 2023

Schedule 1—Scheduled public places

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 144

Summary Offences Act 1966

No. 7405 of 1966

Version incorporating amendments as at

30 September 2025

An Act to re-enact with Amendments the Law relating to certain Police Offences.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title, commencement and division

This Act may be cited as the Summary Offences Act 1966 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

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3Definitions

In this Act unless inconsistent with the context or subject-matter—

animal includes every species of quadruped and every species of bird whether in a natural or domestic state;

cattle includes any horse mare gelding ass bull cow ox ram ewe wether pig goat and every hybrid or cross thereof and the young of any such animals;

designated place has the same meaning as in the Victoria Police Act 2013;

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local authority means—

(a)the council of any municipal district;

(b)any member of the staff of any such council authorized in writing by the council to exercise any of the powers and discretions conferred on a local authority by this Act; or

(c)in the case of any portion of Victoria that is not part of any municipal district—the nearest venue of the magistrates' court;

police officer has the same meaning as in the Victoria Police Act 2013;

protective services officer has the same meaning as in the Victoria Police Act 2013;

public place includes and applies to—

(a)any public highway road street bridge footway footpath court alley passage or thoroughfare notwithstanding that it may be formed on private property;

(b)any park garden reserve or other place of public recreation or resort;

(c)any railway station platform or carriage;

(d)any wharf pier or jetty;

(e)any passenger ship or boat plying for hire;

(f)any public vehicle plying for hire;

(g)any church or chapel open to the public or any other building where divine service is being publicly held;

(h)any Government school or the land or premises in connexion therewith;

(i)any public hall theatre or room while members of the public are in attendance at, or are assembling for or departing from, a public entertainment or meeting therein;

(j)any market;

(k)any auction room or mart or place while a sale by auction is there proceeding;

(l)any licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998;

(m)any race-course cricket ground football ground or other such place while members of the public are present or are permitted to have access thereto whether with or without payment for admission;

(n)any place of public resort;

(o)any open place to which the public whether upon or without payment for admittance have or are permitted to have access; or

(p)any public place within the meaning of the words "public place" whether by virtue of this Act or otherwise;

road includes and applies to every road street or bridge;

Scheduled public place means a public place described in Schedule 1;

section means section of this Act;

town means a populous area or place.

PART I—PROVISIONS APPLICABLE THROUGHOUT VICTORIA

Division 1—Public order

Offences Relating to the Good Order

4Offences relating to the good order of towns etc.

Any person who—

(a)burns rubbish shavings or other materials in a public place;

(b)leaves inflammable materials or matter in or on a public shed or place or in an open space near a building without first obtaining the permission of the local authority;

(c)opens a drain or sewer in or removes the surface of a footpath or road without first obtaining the permission of the local authority;

(d)in a public place—

(i)flies a kite; or

(ii)plays at a game—

to the annoyance of any person;

(e)obstructs a footpath or road whether by allowing a vehicle to remain across such footpath or road or by placing goods thereon or otherwise;

(f)has an awning on or over a footpath in a public street or thoroughfare not being 2×13 metres clear above the footpath or hangs goods on or under an awning over the footpath;

(g)carries out a blasting operation in or near a public place without first obtaining the permission of the local authority or does not attend to all directions in regard thereto given by the local authority;

(h)exposes in a public street or thoroughfare (except in a fair or market lawfully appointed for that purpose) a vehicle or a horse or other animal for show hire or sale;

(i)makes a cellar, door or other opening from the footpath of a public street or thoroughfare without the consent of the local authority;

(j)sets off fireworks in a public place without first obtaining the permission of the local authority—

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shall be guilty of an offence.

Penalty:5 penalty units.

5Obstruction of footpath etc.

Where in a prosecution for obstructing a footpath street or road under—

(a)paragraph (e) of section 4; or

(b)any local law made under section 71 of the Local Government Act 2020 or any corresponding previous enactment—

the obstruction alleged is by assemblage of persons (not being a procession) or by any person or persons forming part of or connected with such assemblage the court shall not convict the accused unless it is satisfied that, having regard to all the circumstances of the case and to the amount of traffic which actually was at the time on the footpath street or road, there was undue obstruction thereof.

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Division 1A—Move-on powers

6Direction to move on

(1)A police officer, or a protective services officer on duty at a designated place, may give a direction to a person or persons in a public place to leave the public place, or part of the public place, if the police officer or protective services officer suspects on reasonable grounds that—

(a)the person is or persons are breaching, or likely to breach, the peace; or

(b)the person is or persons are endangering, or likely to endanger, the safety of any other person; or

(c)the behaviour of the person or persons is likely to cause injury to a person or damage to property or is otherwise a risk to public safety.

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(2)A direction under this section may be given orally.

(3)A direction under this section may direct the person or persons not to return to the public place or part of a public place or not to be in that public place or part for a specified period of not more than 24 hours.

(4)A person must not without reasonable excuse contravene a direction given to the person under this section.

Penalty:5 penalty units.

(4A)A protective services officer may only exercise the power to give a direction under this section in relation to a person who is at a public place that is at, or in the vicinity of, a designated place.

(5)This section does not apply in relation to a person who, whether in the company of other persons or not, is—

(a)picketing a place of employment; or

(b)demonstrating or protesting about a particular issue; or

(c)speaking, bearing or otherwise identifying with a banner, placard or sign or otherwise behaving in a way that is apparently intended to publicise the person's view about a particular issue.

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Division 1B—Councils to consult with Victoria Police

6AConsultation with Victoria Police before issuing permit to facilitate public protest

(1)A Council must consult with Victoria Police before granting an application for a permit for the use of council land, a road closure or anything else that the Council believes will facilitate a public protest being held by the applicant.

(2)The Minister responsible for the administration of the Victoria Police Act 2013 may publish in the Government Gazette guidelines relating to—

(a)how and when consultation with Victoria Police is to be conducted; and

(b)the permits or types of permits in relation to which a Council is not required to consult with Victoria Police under this section.

(3)Any decision of a Council to issue or not issue a permit is not invalid merely because the Council has not complied with this section.

(4)In this section—

Council has the same meaning as in section 3(1) of the Local Government Act 2020;

public protest means an event held to advance, publicise or promote a political, ideological or industrial cause.

Division 2—General

Offences tending to Personal Injury, or Damage to Property, &c.

7Offences tending to personal injury or damage to property

Any person who—

(a)places upon any road footpath canal or waterway an obstruction likely to cause death or injury to any person passing thereon;

(b)leaves a hole excavation or dangerous formation in or near a public place unguarded or without having a warning light burning nearby between sunset and sunrise;

(c)fails to keep in good repair any protective cover rail gate or fence over or about a cellar or lower area opening into or upon or near a public place or keeps any such cover rail gate or fence open for an unreasonable time in the circumstances;

(d)throws any offensive matter or thing or any animal into a waterway, canal or other place whence a supply of water for human use is obtained;

(e)draws or trails a sledge or timber or other heavy material upon a public footpath or road so as to damage the surface thereof;

(f)in a public place rolls a drum, barrel or cask or breaks in a horse to the injury of or danger to any person or damage to any property; or

(g)throws or discharges a stone arrow or other missile to the injury of or danger to any person or damage to any property—

shall be guilty of an offence.

Penalty:25 penalty units or imprisonment for six months or both.

Offences relating to Horse-drawn Vehicles, Public Vehicles, Animals, &c.

8Offences relating to horse-drawn vehicles, public vehicles, animals etc.

Any person who—

(a)being the driver of a horse-drawn vehicle on a road goes away from the animal so as not to have control over it without securely fastening one of the wheels of the vehicle by a brake chain or strap so as to effectually prevent the wheel rotating;

(b)drives a cart wagon or dray in or through a public place without the name and residence of the owner thereof being painted in a legible and permanent manner on the right or off side in letters of at least 25 millimetres in length;

(c)drives a dog or goat harnessed or attached to a vehicle in or through a public place;

(d)turns loose or allows to wander any cattle or other beast upon a public road or thoroughfare;

(e)sets on urges or permits a dog or other animal to attack or worry any person horse or other animal or by ill-usage or negligence in driving cattle causes any mischief to be done by such cattle;

(f)obstructs or prevents the driving of cattle along over or across a public road or thoroughfare;

(g)slaughters or skins a beast on a public road or thoroughfare;

(h)leaves a dead beast or its skin on a public road or thoroughfare;

(i)being the driver guard or conductor of a public vehicle for the conveyance of passengers wilfully delays on the road or uses any abusive or insulting language to any passenger, or by reason of intoxication or other misconduct endangers the safety or property of any passenger or other person—

shall be guilty of an offence.

Penalty:5 penalty units.

Destroying, Damaging or Injuring Property—Trespass

9Wilful destruction, damage etc. of property

(1)Any person who—

(a)destroys damages pollutes or obstructs any aqueduct dam sluice pipe pump waterway pond pool or fountain;

(b)being an artificer workman journeyman or apprentice wilfully damages spoils or destroys any goods wares work or material committed to his care or charge;

(c)wilfully injures or damages any property (whether private or public) the injury done being under the value of $5000; or

(d)wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or a person authorized by or on behalf of the owner or occupier; or

(e)without express or implied authority given by the owner or occupier or given on behalf of the owner or occupier by a person authorised to give it or without any other lawful excuse, wilfully enters any private place or Scheduled public place, unless for a legitimate purpose; or

(f)neglects or refuses to leave a private place or Scheduled public place after being warned to do so by the owner or occupier or a person authorised to give that warning on behalf of the owner or occupier, unless the person has a lawful excuse; or

(g)without lawful excuse, enters any place (whether private or public) in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace—

shall be guilty of an offence.

Penalty:25 penalty units or imprisonment for six months.

(1A)In any proceedings for an offence against subsection (1) the statement on oath or by affirmation of any person that he is or was at any stated time the owner or occupier of any place

or a person authorized by or on behalf of the owner or occupier thereof shall be evidence until the contrary is proved by or on behalf of the accused that such person is or was the owner or occupier of that place or a person authorized by or on behalf of the owner or occupier thereof (as the case requires).

(1B)A person may commit an offence against paragraph (d), (e), (f) or (g) of subsection (1) even though he or she did not intend to take possession of the place.

(1C)Without limiting paragraph (e) of subsection (1), examples of circumstances in which a person does not have express or implied authority to enter a place are—

(a)the person enters that place after having been previously warned not to enter by the owner or occupier or a person authorised to give such a warning on behalf of the owner or occupier; or

(b)the person enters that place despite being then warned not to enter by the owner or occupier or a person authorised to give such a warning on behalf of the owner or occupier; or

(c)the person enters that place in breach of a prominently displayed sign erected at that place by the owner or occupier or a person authorised to erect such a sign on behalf of the owner or occupier stating that—

(i)the person concerned, or a class of persons of which the person concerned is a member, is prohibited from entering that place; or

(ii)persons engaging in that place in the type of activity in which the person concerned is proposing to engage in that place are prohibited from entering that place—

and the person has no other lawful excuse for entering that place.

(1D)A warning may be given to a person under subsection (1)(f) or subsection (1C)(a) or (b)—

(a)orally; or

(b)by delivering written notice of it personally to the person; or

(c)except in the case of a warning under subsection (1)(f), by sending written notice of it by certified mail addressed to the person at his or her usual or last known place of residence.

(1E)A person may commit an offence against paragraph (g) of subsection (1) even though he or she had a right to enter that place in a manner other than that described in that paragraph.

(2)For the purposes of section 86 of the Sentencing Act 1991 the cost of repairing or making good anything spoiled or damaged in contravention of this section shall be deemed to be loss or damage suffered in relation thereto.

(3)Nothing contained in this section shall extend to any case where the person offending acted under a fair and reasonable supposition that he had a right to do the act complained of or to any trespass (not being wilful and malicious) committed in hunting or the pursuit of game.

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Bill Posting, &c.

10Posting bills etc. and defacing property

(1)Any person who posts any placard bill sticker or other document on or writes or paints on or otherwise defaces any road bridge or footpath or any house building hoarding wall fence gate tree tree-guard post pillar hydrant fire-alarm petrol pump or other structure whatsoever without the consent of the occupier or owner of the premises concerned or of any person or body having authority to give such consent shall be guilty of an offence.

Penalty:15 penalty units or imprisonment for three months.

(2)Upon any proceedings for an offence against subsection (1)—

(a)the burden of proving any consent aforesaid shall be upon the accused; and

(b)in the case of any placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature any person who appears to the satisfaction of the court to have authorized the publication thereof or to be in any manner concerned in the promotion or management of any business or entertainment or any sport, game, exhibition, or other event of a commercial nature whatsoever referred to therein shall, unless he satisfies the court that he did not post such placard, bill, sticker, poster, or document or authorize the posting thereof and that otherwise he had no knowledge of such posting, be deemed to have posted such placard, bill, sticker, poster, or document (as the case may be).

(3)Nothing in subsection (2) shall affect the liability under subsection (1) of any person who actually posts any such placard, bill, sticker, poster, or other document and the conviction of any other person in relation thereto shall not exonerate from any penalty under this section any person who actually so posts any such placard, bill, sticker, poster, or document.

(4)Any person who without the authority of the publisher of a placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature or of some person concerned in the promotion or management of any business, entertainment, sport, game, exhibition, or other event referred to therein posts the placard, bill, sticker, poster, or document in contravention of the provisions of subsection (1) shall be liable upon conviction for an offence against that subsection to a penalty of not more than 5 penalty units or to imprisonment for a term of not more than six months.

(5)Upon any proceedings for an offence against subsection (1) the burden of proving the authority referred to in subsection (4) shall be upon the accused.

(6)The court before which any person is convicted for an offence against this section may, in addition to imposing any penalty, order the accused to pay to any person named in the order the cost of removing or obliterating any thing written posted or painted without such consent as aforesaid and making good any damage done thereby and every amount so ordered to be paid shall for the purpose of enforcing the payment thereof be regarded as part of the penalty and be recoverable accordingly.

Fire

11Lighting of fires in the open air

(1)Except as provided in subsection (2), a person must not—

(a)light or use a fire in the open air or carry when lighted any flammable material resulting in the destruction, damaging or endangering of the life or property of others; or

(b)leave a fire in the open air which that person has lighted or of which that person is in charge without leaving another person in charge of that fire.

Penalty:25 penalty units or imprisonment for 12 months or both.

(2)Subsection (1) does not apply to the owner or occupier of any land or a person acting under the direction of an owner or occupier of any land who burns any grass, stubble, weeds, scrub, undergrowth or any vegetation, wood or other flammable material in an area of land if—

(a)a fire-break of not less than 3 metres and cleared of all flammable material has been prepared around the perimeter of the area of land; and

(b)at least two hours before burning is commenced, notice of intention to burn has been given to each owner or occupier of land contiguous to the area of land.

(3)This section does not apply in the country area of Victoria within the meaning of the Country Fire Authority Act 1958 during a fire danger period within the meaning of that Act.

(4)This section does not affect the right of any person to sue for and recover at common law or otherwise compensation for or in respect of any damage caused by reckless or negligent use of fire.

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Obscene, Threatening, Insulting, Abusive, &c. Words and Behaviour

17Obscene, indecent, threatening language and behaviour etc. in public

(1)Any person who in or near a public place or within the view or hearing of any person being or passing therein or thereon—

(a)sings an obscene song or ballad;

(b)writes or draws exhibits or displays an indecent or obscene word figure or representation;

(c)uses profane indecent or obscene language or threatening abusive or insulting words; or

(d)behaves in a riotous indecent offensive or insulting manner—

shall be guilty of an offence.

Penalty:10 penalty units or imprisonment for two months;

For a second offence—15 penalty units or imprisonment for three months;

For a third or subsequent offence—25 penalty units or imprisonment for six months.

(1A)For the purposes of subsection (1)(d), behaviour that is indecent offensive or insulting includes behaviour that involves a person exposing (to any extent) the person's anal or genital region.

Example

Mooning or streaking.

(2)Where in the opinion of the chairman presiding at a public meeting any person in or near the hall room or building in which the meeting is being held—

(a)behaves in a riotous indecent offensive threatening or insulting manner; or

(b)uses threatening abusive obscene indecent or insulting words—

the chairman may verbally direct any police officer who is present to remove such person from the hall room or building or the neighbourhood thereof and the police officer shall remove such person accordingly.

(3)Where at a general meeting of a corporation a person wilfully fails to obey a ruling or direction given in good faith by the chairman presiding at the meeting for the preservation of order at the meeting, such person shall be liable to be removed from the meeting if the meeting so resolves or where because the meeting has been so disrupted that it is not practicable to put such a resolution to the meeting the Chairman so directs.

(4)Where a person is liable to be removed from a meeting under subsection (3) the Chairman may verbally direct any police officer who is present to remove such person from the hall, room or building in which the meeting is being held or the neighbourhood thereof and the police officer shall remove such person accordingly.

17ADisorderly conduct

Any person who behaves in a disorderly manner in a public place is guilty of an offence and liable to a penalty not exceeding 10 penalty units.

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19Sexual exposure

(1)A person (A) commits an offence if—

(a)A exposes (to any extent) A's genitals; and

(b)A intends to expose (to any extent) A's genitals; and

(c)the exposure is sexual; and

(d)the exposure is in, or is within the view of, a public place.

(2)A person who commits an offence against subsection (1) is liable to level 7 imprisonment (2 years maximum).

(3)It is not a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not sexual.

(4)It is a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not in, or within the view of, a public place.

(5)For the purposes of subsection (1), A's exposure of A's genitals may be sexual due to—

(a)the fact that A seeks or gets sexual arousal or sexual gratification from the exposure; or

(b)any other aspect of the exposure, including the circumstances in which it takes place and whether it is contrary to community standards of acceptable conduct.

(6)A's exposure of A's genitals is not sexual only because it is the genitals that are exposed.

(7)In this section, a reference to genitals includes a reference to surgically altered or constructed genitals.

Conduct of Refreshment Houses

20Improperly conducting refreshment house

(1)Any person who allows in any house building tent or other premises wherein liquors provisions or refreshments are sold or disposed of any drunkenness or other disorderly conduct or suffers any gaming whatsoever therein or suffers persons of notoriously bad character to frequent his premises shall be guilty of an offence.

Penalty:For a first offence—5 penalty units;

For a second or subsequent offence—imprisonment for three months.

(2)Where a person convicted of an offence against this section is registered in respect of the premises concerned the registration shall be deemed to be cancelled and the premises to be unregistered and the court may, if it thinks fit, order that the premises be not again registered for any period not exceeding six months.

Disturbing Religious Worship

21Disturbing religious worship

(1)Any person who wilfully and without lawful justification or excuse, the proof of which lies on him, disquiets or disturbs any meeting of persons lawfully assembled for religious worship or assaults any person lawfully officiating at any

such meeting or any of the persons there assembled shall be guilty of an offence.

Penalty:15 penalty units or imprisonment for three months.

(2)A prosecution for an offence against this section shall be commenced within three months after the offence is committed.

Entry of Police into Houses, Buildings, &c.

22Entry of police

(1)A police officer may at any time enter into any house building room premises or place which is a public place within the meaning of that interpretation in section 3, notwithstanding that the place be upon private premises, when and so often as he thinks proper for securing the observance of this Act and no such entry shall in any way be deemed a trespass.

(2)Any person who needlessly delays to admit a police officer, whether by day or night, into any house building room premises or place which is a public place as aforesaid shall be guilty of an offence.

Penalty:1 penalty unit.

Assaults

23Common assault

Any person who unlawfully assaults or beats another person shall be guilty of an offence.

Penalty:15 penalty units or imprisonment for three months.

24Aggravated assault

(1)(a) Where a person is convicted before the Magistrates' Court of an assault or battery upon any male child whose age in the opinion of the court does not exceed fourteen years or upon any female, if in the opinion of the court the assault or battery is of such an aggravated nature that it cannot sufficiently be punished under the last preceding section, the person offending shall be liable on conviction to a penalty of 25 penalty units or to imprisonment for six months and the court may (if it thinks fit in any of the said cases) without any further or other charge adjudge any person convicted to enter into a recognizance and find sureties to keep the peace and be of good behaviour for a term of not more than six months from the expiration of such sentence.

(b)In default of compliance with any such order to enter into a recognizance and find sureties the court may order an accused to be imprisoned until he complies with the order:

Provided that no person shall be imprisoned for non-compliance with any such order for a longer period than twelve months.

(2)Any person who in company with any other person or persons assaults another person shall be liable to imprisonment for twelve months and any person who by kicking or with any weapon or instrument whatsoever assaults another person shall be liable to imprisonment for two years.

25Conviction or dismissal a bar to criminal proceedings

If any person against whom a charge-sheet charging an offence against section 23 or section 24 has been filed has been convicted and has paid the whole amount adjudged to be paid or has suffered the imprisonment awarded in lieu thereof or for non-payment thereof or if the charge against that person has been dismissed in every such case he shall be released from all further or other criminal proceedings for the same cause; but any person so convicted shall remain liable to all civil proceedings in like manner as if he had not been so convicted.

Property Suspected to be Stolen, &c.

26Unexplained possession of personal property reasonably suspected to be stolen

(1)Any person having in his actual possession or conveying in any manner any personal property whatsoever reasonably suspected of being stolen or unlawfully obtained whether in or outside Victoria may be arrested either with or without warrant and brought before a bail justice or the Magistrates' Court, or may be summoned to appear before the Magistrates' Court.

(2)If such person does not in the opinion of the court give a satisfactory account as to how he came by such property he shall be guilty of an offence.

Penalty:Imprisonment for one year.

(3)Upon proof that any property was or had been in the actual possession of such person or under his control and whether or not such person still has possession or control thereof when brought before the court the property shall for the purposes of this section be deemed to be in his actual possession.

(4)Where a person is charged before the Magistrates' Court with an offence under this section the court may proceed to hear and determine the matter notwithstanding that it appears from the evidence that the person charged stole or unlawfully obtained the property concerned in a place outside Victoria in circumstances amounting to the commission of a criminal offence in that place.

27Search warrant for skins of cattle, goods from wreck etc.

(1)If a magistrate is satisfied, by evidence on oath or by affirmation or by affidavit, that there is reasonable cause to suspect that any of the following articles, namely—

(a)the skin or carcass or any part of the skin or carcass of any cattle;

(b)any goods merchandise or article reasonably believed to have been taken or to have come from a ship or vessel in distress or wrecked stranded or cast on shore—

has been stolen or unlawfully taken or obtained and is to be found in a house or other place the magistrate may issue a warrant to search the house or place for the articles and to bring before the Magistrates' Court all such articles found therein and to bring before a bail justice or the Magistrates' Court, or summon to appear before the Magistrates' Court, any person in whose possession or on whose premises those articles are so found.

(2)Whenever a police officer finds any such articles on the premises or in the possession of any person or persons and has reasonable cause to suspect that any of such articles has been stolen or unlawfully taken or obtained he may bring all such articles before the Magistrates' Court and also may summon such a person to appear before the Magistrates' Court or arrest such a person and bring him or her before a bail justice or the Magistrates' Court.

(3)Any person on whose premises or in whose possession any such article is so found who, after proof of the matters referred to in subsection (1) or subsection (2) of this section, does not satisfy the court before which he is brought or appears that he came lawfully by the article or that the article was on his premises without his knowledge or assent shall be guilty of an offence.

Penalty:25 penalty units or imprisonment for six months.

28Recovery of possession of stolen cattle

(1)A person claiming to be entitled to the possession of cattle which—

(a)have been reported to the police as having been stolen not more than 12 months before the application; and

(b)are in the possession or under the control of another person—

may apply to the Magistrates' Court for an order for delivery of the cattle.

(2)An application—

(a)may be made without notice to any other person; and

(b)must be supported by evidence on oath or by affirmation or by affidavit.

(3)If satisfied that the applicant may be entitled to possession of the cattle, the Court constituted by a registrar may make an order directing the person who has possession or control of the cattle—

(a)to deliver them to the applicant; and

(b)to refrain from disposing of them except in accordance with paragraph (a) pending any further hearing of the application.

(4)An order under subsection (3) must be served on the person to whom it is directed within 7 days after the making of the order.

(5)Subject to this section, an order under subsection (3)(a) takes effect 7 days after service and an order under subsection (3)(b) takes effect on service.

(6)If within 7 days after service of an order under subsection (3) the person to whom the order is directed lodges an objection with the Court—

(a)the order under subsection (3)(a) lapses and is of no effect; and

(b)the application under subsection (1) must be referred to the Court constituted by a magistrate.

(7)The Court may extend or abridge the time fixed by subsections (4), (5) and (6) or by an order fixing, extending or abridging time.

(8)The Court may extend time under subsection (7) before or after the time expires whether or not an application for the extension is made before the time expires.

(9)If it seems to the Court hearing a referral under subsection (6) that all or any of the cattle were stolen not more than 12 months before the application under subsection (1), the Court may—

(a)determine who owns the stolen cattle; and

(b)order possession of the stolen cattle to be given to the owner; and

(c)if necessary, issue a warrant in the form prescribed by rules of the Court directed to a police officer authorising the police officer forthwith to seize the stolen cattle and to deliver them to the owner; and

(d)subject to subsection (12), make any order as to costs that the Court thinks fit.

(10)If the Court is not so satisfied, it must dismiss the application.

(11)The Court may make any order that it thinks fit with respect to the delivery, preservation or care of the cattle pending the determination of an application under this section.

(12)The person from whom the cattle are seized in accordance with a warrant issued under subsection (9)(c) must pay all lawful costs of executing the warrant.

(13)An application under this section is civil in nature.

(14)The Magistrates' Court has jurisdiction to determine an application under this section irrespective of the value of the cattle.

29Recovery of price paid for stolen cattle

(1)Any person from whom or from whose possession cattle are taken or detained under an order or warrant under the last preceding section may recover from his vendor the amount paid by him as the purchase money of the cattle.

(2)Any vendor of such cattle who may repay or is compelled to repay the purchase money he has received for such cattle may in like manner recover back from his vendor the amount he has paid such last-mentioned vendor as the purchase money of the cattle.

(3)Upon complaint on oath or by affirmation made by any person or vendor as aforesaid or any person on his behalf—

(a)that such person or vendor has paid for the cattle and that the cattle have been taken from him; or

(b)that he has paid or been compelled to repay the amount he received—

a magistrate may summon the party who sold the cattle to such last-mentioned person or vendor to appear before the Magistrates' Court or may issue a warrant to arrest the party.

(4)Upon the appearance of such party or upon proof of the due service of a summons the Magistrates' Court—

(a)may examine the parties or either of them and their respective witnesses (if any) upon oath or by affirmation touching the purchase and payment of the amount of the purchase money for such cattle and the restitution of the cattle purchased or the repayment of the sum received; and

(b)may make such order for the repayment of that amount with the costs incurred in the recovery thereof as to the court appears reasonable:

Provided that the execution of the order shall be stayed for such time as the court may order if the person from whom or from whose possession the cattle have been taken or on whom such order for payment is made forthwith enters into a bond to the complainant with two sufficient sureties in such amount as the court thinks reasonable conditioned to prosecute to conviction within the time aforesaid the person guilty of having stolen the cattle; and a conviction within the time aforesaid shall supersede the order so made by the court as aforesaid, and no subsequent proceedings shall be had thereon:

Provided further that the court on the application of such party and on notice to the complainant may extend the time aforesaid.

(5)In this section vendor includes the auctioneer or other agent of the vendor.

30Possession of skin or carcass of stolen cattle

(1)If the skin or carcass or any part of the skin or carcass of any cattle stolen from any person is found in the possession of any other person or on the premises of any other person with his knowledge and that other person being taken or summoned before the Magistrates' Court does not satisfy the court that he came lawfully by such skin carcass or part thereof respectively shall be guilty of an offence.

Penalty:50 penalty units or imprisonment for one year.

(2)If the skin or carcass or any part of the skin or carcass of any cattle is found in the possession of any person or on the premises of any person with his knowledge and such person being summoned before the Magistrates' Court does not satisfy the court that he came lawfully by that skin or carcass or part thereof he shall be guilty of an offence.

Penalty:25 penalty units or imprisonment for six months.

(3)An inspector may demand the skins of any cattle whatsoever that have been or that appear from the record book required to be kept by or under the Meat Industry Act 1993 at a meat processing facility licensed under that Act to have been slaughtered within one month previously to the date of such demand or a full and satisfactory account showing to whom any such skin has been sold or in what manner disposed of, and every person who upon such demand refuses or neglects to produce such skin or in the case the skin cannot be produced to give a full and satisfactory account of how and in what manner the skin has been disposed of shall be guilty of an offence.

Penalty:5 penalty units.

(4)Any person who destroys the skin of any cattle or cuts out burns or otherwise destroys or defaces a brand which has been upon such skin and any person who is in possession of any skin from which a brand has been cut or burnt or otherwise destroyed or defaced without being able to give a satisfactory account thereof shall be guilty of an offence.

Penalty:5 penalty units.

(5)Any person purchasing a raw hide or skin from which a brand has been cut or burnt out or destroyed or otherwise defaced shall be guilty of an offence.

Penalty:5 penalty units.

(6)Any inspector or police officer may at any time of the day or night enter any meat processing facility licensed under the Meat Industry Act 1993 or any other place or premises whatsoever at which there is good cause to suspect that stolen cattle have been slaughtered or are intended to be slaughtered and may make such search and inquiry therein as is necessary for the discovery of the offence and of the offender.

(7)Any person who obstructs or hinders any inspector or police officer so as to prevent him from or delay him in entering a meat processing facility licensed under the Meat Industry Act 1993 or any other house place or premises for the purpose of examining any cattle or skins of cattle shall be guilty of an offence.

Penalty:5 penalty units.

(8)If any person convicted under this section holds a licence or registration under any Act or any local law or regulation the licence or registration may, if the Magistrates' Court thinks fit, be cancelled or suspended and thereupon such person or premises shall be deemed to be unlicensed or unregistered (as the case may be).

(9)Every fine penalty or forfeiture accruing under this section within a municipal council shall be paid to the council of that district for the public uses thereof:

Provided that all moneys arising from fines penalties and forfeitures imposed under this section and recovered by an employee or inspector in the Department of Health shall form part of the Consolidated Fund.

(10)In this section inspector includes any inspector or acting or assistant inspector of the Department of Health or any environmental health officer of a council.

31Possession of property from wrecks

If any goods merchandise or articles belonging to a ship or vessel in distress or wrecked stranded or cast on shore are found in the possession of any person or on the premises of any person with his knowledge and such person being taken or summoned before the Magistrates' Court does not satisfy the court that he came lawfully by the same such person shall be liable to a penalty over and above the value of the goods merchandise or articles of not more than 25 penalty units or to imprisonment for a term of not more than six months.

32Offering property from wrecks for sale

(1)Any person who offers or exposes for sale any goods merchandise or articles which have been unlawfully taken or obtained or are reasonably suspected to have been unlawfully taken or obtained from a ship or vessel in distress or wrecked stranded or cast on shore, and who being summoned to appear before the Magistrates' Court does not appear and satisfy the court that he came lawfully by the same shall pay such sum as the court fixes as a reasonable reward to the person

(if any) who has seized the same, and shall also be liable to a penalty over and above the value of the goods merchandise or articles of not more than 25 penalty units or to be imprisoned for a term of not more than six months.

(2)In every such case any person to whom any such goods merchandise or articles are offered for sale or any police officer may seize the same and shall with all convenient speed cause the same to be removed to, or notice of such seizure to be given to, the Magistrates' Court.

33Examination of persons through whose hands property has passed

(1)In any proceedings under any of the provisions of sections 26 to 32 (both inclusive) in which any person is required—

(a)to give a satisfactory account as to how he came by any property;

(b)to satisfy the court that he lawfully came by any property; or

(c)to satisfy the court that any property was on his premises without his knowledge or assent—

if on the hearing of the charge—

(i)the accused declares that he received the property from any other person; or

(ii)it appears to the court that the property has passed through the hands or possession of any other person or has been in the possession of any other

person or on his premises with his knowledge or assent—

the court may in its discretion by warrant or summons cause every such other person to be brought before it to give an account of the property.

(2)If it appears by the admission of any person so brought before the Magistrates' Court or by proof on oath or by affirmation—

(a)that such last-mentioned person had possession of the property; or

(b)that the property was on his premises—

and if such person—

(i)does not give a satisfactory account as to how he came by the property; or

(ii)does not satisfy the court that he lawfully came by the property or that the property was on his premises without his knowledge or assent—

he shall be liable to the punishment specified in the sections respectively under which the proceedings are taken.

(3)If a person has been convicted of an offence under any of the provisions of sections 26 to 32 in relation to any property, the informant, the Director of Public Prosecutions or any person who claims an interest in the property may, at the time the conviction is made or at any later time, apply to the Magistrates' Court for an order in relation to the property.

(4)The Magistrates' Court may, on an application under subsection (3), make such orders in relation to the property to which the application relates as it considers just.

(5)Examples of the kind of order that the Magistrates' Court may make under subsection (4) are:

(a)If the property is not money, an order that the property be sold;

(b)An order that the property, if money or converted into money, be paid into the Consolidated Fund;

(c)An order declaring the nature, extent and value (as at the time of making the order) of the interest of a person specified in the order in the property and directing that the whole or any part of the property (including money into which the property has been converted) be transferred to that person;

(d)An order directing that a person specified in the order retain the whole or any part of the property (including money into which the property has been converted) for a period specified in the order.

(6)The applicant for an order under subsection (4) must give notice of the application in the manner prescribed by rules of court to each other person whom the applicant has reason to believe could have applied for the order.

(7)The Magistrates' Court may, at any time before the final determination of an application under subsection (3), direct the applicant to give or publish notice of the application to such persons, in such manner and within such time as the Court thinks fit.

(8)The Magistrates' Court has power to give all directions that are necessary to give effect to an order made by it under subsection (4).

34Retaining or disposing of property as workmen etc.

(1)Any artificer workman journeyman apprentice or other person who unlawfully disposes of or retains in his possession without the consent of the person by whom he is hired retained or employed any goods wares work or materials committed to his care or charge (the value of such goods wares work or materials being not more than $100) or any person who receives any of the same knowing them to have been stolen or unlawfully obtained shall be guilty of an offence.

Penalty:For a first offence—5 penalty units or imprisonment for three months;

For a second or subsequent offence—10 penalty units or imprisonment for six months.

(2)If any person to whom any property is offered to be sold pawned or delivered has reasonable cause to suspect that an offence referred to in the last preceding subsection has been committed in respect of the property, he may arrest without a warrant and with all convenient speed take before a bail justice or the Magistrates' Court the person offering the property together with the property to be dealt with according to law; and in every such case the stolen property shall by order of the court by which the case is heard and determined be delivered over to the rightful owner, if known, or if the rightful owner is not known shall be sold and the proceeds of the sale shall be paid into and form part of the Consolidated Fund.

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Passing Valueless Cheques

37Obtaining goods etc. by valueless cheque

(1)Any person who obtains any chattel money valuable security credit benefit or advantage by passing a cheque which is not paid on presentation shall be guilty of an offence.

Penalty:25 penalty units or imprisonment for one year.

(2)It shall be a defence to a charge for an offence against subsection (1) of this section to prove that the accused—

(a)had reasonable grounds for believing that the cheque would be paid in full on presentation; and

(b)had no intent to defraud.

(3)The fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn shall not of itself be a defence.

(4)No proceedings shall be brought against any person for an offence against this section except with the consent of the Director of Public Prosecutions.

Division 3—Illegal taking or using of vehicles

38Taking or using vehicle without consent of owner etc.

(1)Any person who takes or in any manner uses a vehicle (including a bicycle but not including a motor vehicle within the meaning of the Road Safety Act 1986) or a boat ship or other vessel the property of any other person without the consent of the owner or person in lawful possession thereof shall be guilty of an offence.

Penalty:15 penalty units or imprisonment for three months.

(2)Nothing in this section shall affect any other liability civil or criminal of any person guilty of an offence against this section.

Division 3A—Commercial sexual services

38ADefinitions

In this Division—

child means a person who is under 18 years of age;

children's service has the same meaning as in the Children's Services Act 1996;

children's service premises means a place at which a children's service operates;

commercial sexual services has the same meaning as in section 35(1) of the Crimes Act 1958;

education and care service has the same meaning as in the Education and Care Services National Law (Victoria);

education and care services premises means a place at which an education and care service (other than a family day care service) operates;

family day care service has the same meaning as in the Education and Care Services National Law (Victoria);

Government school has the same meaning as in the Education and Training Reform Act 2006;

non-Government school has the same meaning as in the Education and Training Reform Act 2006;

school premises means land on which a Government school or non-Government school is situated.

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38BCommercial sexual services at or near certain places

(1)During the period from 6 a.m. to 7 p.m., a person must not intentionally solicit or invite any person to engage in commercial sexual services in a public place that is at or near the following premises—

(a)school premises;

(b)education or care service premises;

(c)children's services premises.

Penalty:For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.

(2)During the period from 6 a.m. to 7 p.m., a person must not intentionally loiter for the purposes of soliciting or inviting a person to engage in commercial sexual services in a public place that is at or near the following premises—

(a)school premises;

(b)education or care service premises;

(c)children's services premises.

Penalty:For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.

(3)A person must not intentionally solicit or invite any person to engage in commercial sexual services in a public place that is at or near a place of worship—

(a)during the period from 6 a.m. to 7 p.m. other than on a day referred to in paragraph (b); or

(b)at any time on a prescribed day.

Penalty:For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.

(4)A person must not intentionally loiter for the purposes of soliciting or inviting a person to engage in commercial sexual services in a public place that is at or near a place of worship—

(a)during the period from 6 a.m. to 7 p.m. other than on a day referred to in paragraph (b); or

(b)at any time on a prescribed day.

Penalty:For a first offence—10 penalty units or imprisonment for 1 month;

For a second offence—30 penalty units or imprisonment for 3 months;

For a subsequent offence—60 penalty units or imprisonment for 6 months.

38COffence to allow child on premises used for commercial sexual services

(1)A person who carries on a business that provides commercial sexual services, or who assists in the management of that business, must not allow a child who is over 18 months of age to enter or remain on premises at which that business is carried on, unless those premises are primarily used as residential premises.

Penalty:120 penalty units or imprisonment for 1 year.

(2)In a proceeding for an offence against subsection (1), it is not necessary for the prosecution to prove that the accused knew that the child was over 18 months of age.

(3)It is a defence to a charge under subsection (1) for the accused to prove that, at the time the offence is alleged to have been committed, the accused—

(a)had taken all reasonable steps to find out the age of the child; and

(b)believed on reasonable grounds that the child was a person who was 18 years of age or over or a child who was 18 months of age or under.

38DPower to require person to state age

(1)If a police officer has reason to believe that a person in premises referred to in section 38C(1) appears to be under the age of 18 years, the officer may demand particulars of the person's age.

(2)If the police officer considers that any particulars supplied by a person in response to a demand under subsection (1) are false, the officer may require the person to give satisfactory evidence of the correctness of the particulars.

(3)A person must not, in response to a demand under subsection (1)—

(a)refuse or fail to give particulars of the person's age; or

(b)give any false particulars of the person's age; or

(c)supply any false evidence as to the person's age.

Penalty:20 penalty units.

Division 4—Advertising of commercial sexual services

38EDefinition

In this Division—

commercial sexual services has the same meaning as in section 35(1) of the Crimes Act 1958.

38FAdvertising controls for commercial sexual services

A person must not publish or cause to be published an advertisement for commercial sexual services that contravenes the regulations.

Penalty:40 penalty units.

39Advertising regulations

(1)The Governor in Council may make regulations for or with respect to—

(a)the size, form and content of advertisements for commercial sexual services; and

(b)prohibiting the advertising of commercial sexual services in a specified publication or in a specified manner; and

(c)generally regulating the publication of advertisements for commercial sexual services; and

(d)any other matter or thing required or permitted by section 38F to be prescribed or necessary to be prescribed to give effect to section 38F.

(2)A power conferred by subsection (1) to make regulations may be exercised—

(a)either in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified case or class of case; and

(b)so as to make, as respects the cases in relation to which the power is exercised—

(i)the same provision for all cases in relation to which the power is exercised, or different provisions for different cases or classes of case, or different provisions for the same case or class of case for different purposes; or

(ii)any such provision either unconditionally or subject to any specified condition.

(3)Regulations made under subsection (1) may be made—

(a)so as to apply—

(i)at all times or at a specified time; or

(ii)throughout the whole of the State or in a specified part of the State; or

(iii)as specified in both subparagraphs (i) and (ii); and

(b)so as to require a matter affected by the regulations to be—

(i)in accordance with a specified standard or specified requirement; or

(ii)approved by or to the satisfaction of a specified person or a specified class of person; or

(iii)as specified in both subparagraphs (i) and (ii); and

(c)so as to apply, adopt or incorporate any matter contained in any document whatsoever whether—

(i)wholly or partially or as amended by the regulations; or

(ii)as in force at the time the regulations are made or at any time before then; and

(d)so as to confer a discretionary authority or impose a duty on a specified person or a specified class of person; and

(e)so as to provide in a specified case or class of case for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to such an extent as is specified; and

(f)so as to impose a penalty not exceeding 20 penalty units for a contravention of the regulations.

Division 4A—Observation of genital or anal region

40Definitions

In this Division—

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consent means free agreement;

device means device of any kind capable of being used to observe a person's genital or anal region including—

(a)a mirror; and

(b)a tool when used to make an aperture; and

(c)a ladder—

but does not include spectacles, contact lenses or a similar device when used by a person with impaired sight to overcome that impairment;

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genital or anal region, in relation to a person, means the person's genital or anal region whether bare or covered by underwear;

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law enforcement officer means—

(a)a police officer or a member of the police force or police service of any other State or of the Northern Territory; or

(b)a member of the Australian Federal Police; or

(c)a member of staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;

place includes land, premises and a vehicle.

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41Location immaterial

An offence against section 41A may be committed even if the person whose genital or anal region is being observed is in a public place.

41AObservation of genital or anal region

A person must not, with the aid of a device, intentionally observe another person's genital or anal region in circumstances in which it would be reasonable for that other person to expect that his or her genital or anal region could not be observed.

Penalty:3 months imprisonment.

Notes

1The reasonable expectation test is an objective one—what would a reasonable person in the position of the person being observed have expected.

2Section 41D sets out exceptions to this offence.

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41DExceptions to offence against section 41A

Section 41A does not apply to an observation made—

(a)with the express or implied consent of the person whose genital or anal region is observed; or

(b)by accessing the Internet or a broadcasting service (within the meaning of the Broadcasting Services Act 1992 of the Commonwealth) or datacasting service (within the meaning of that Act); or

(c)by a law enforcement officer acting reasonably in the performance of the officer's duty.

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41ESearch warrant

(1)A police officer of or above the rank of sergeant may apply to a magistrate for the issue of a search warrant under this section in relation to a particular place if the police officer believes on reasonable grounds that there is, or may be within the next 72 hours, in that place evidence of the commission of an offence against section 41A.

(2)If the magistrate is satisfied by the evidence on oath or by affirmation or by affidavit of the applicant that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, in that place evidence of the commission of an offence against section 41A, the magistrate may issue a search warrant authorising any police officer named in the warrant—

(a)to enter the place, or the part of the place, named or described in the warrant; and

(b)to search for and seize any thing named or described in the warrant.

(3)In addition to any other requirement, a search warrant issued under this section must state—

(a)the offence suspected; and

(b)the place to be searched; and

(c)a description of the thing for which the search is to be made; and

(d)any conditions to which the warrant is subject; and

(e)whether entry is authorised to be made at any time or during stated hours; and

(f)a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(4)A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and must be in the form set out in the regulations under that Act.

(5)Subject to any provision to the contrary in this Division, the rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

41FSeizure of things not mentioned in the warrant

A search warrant authorises a police officer executing the warrant, in addition to the seizure of any thing of a kind described in the warrant, to seize any thing which is not of a kind described in the warrant if the police officer believes on reasonable grounds—

(a)that the thing—

(i)is of a kind which could have been included in a warrant issued under section 41E; or

(ii)will afford evidence about the commission of an offence against section 41A; and

(b)that it is necessary to seize that thing in order to prevent its concealment, loss or destruction or its use in the commission of an offence against section 41A.

41GAnnouncement before entry

(1)Before executing a search warrant, a police officer named in the warrant must—

(a)announce that he or she is authorised by the warrant to enter the place; and

(b)give any person at the place an opportunity to allow entry to the place.

(2)The police officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the place is required to ensure—

(a)the safety of any person; or

(b)that the effective execution of the search warrant is not frustrated.

Division 4B—Food or drink spiking

41HFood or drink spiking

(1)In this section—

give, in relation to food or drink, includes—

(a)prepare food or drink; and

(b)make food or drink available for consumption;

harm includes impair the senses or understanding of a person in a way that the person might reasonably be expected to object to in the circumstances;

impair includes further impair;

intoxicating substance includes any substance that affects a person's senses or understanding.

(2)A person—

(a)who gives another person (the victim), or causes the victim to be given or to consume, food or drink that contains an intoxicating substance; and

(b)who—

(i)knows that the victim is not aware, or is reckless as to whether the victim is aware, that the food or drink contains the intoxicating substance; or

(ii)knows that the victim is not aware, or is reckless as to whether the victim is aware, that the food or drink contains more of an intoxicating substance than the victim would reasonably expect it to contain; and

(c)who intends the victim to be harmed by the consumption of that food or drink—

is guilty of an offence and liable to a term of imprisonment not exceeding 2 years.

Division 4C—Public display or performance of Nazi symbols or gestures

41IStatement for this Division

In enacting this Division, the Parliament recognises the continued importance of the swastika as an ancient and auspicious symbol of purity, love, peace and good fortune in Buddhist, Hindu, Jain and other religions. The swastika has had immense significance to these faiths for millennia, long before it was misappropriated by the Nazi Party and Third Reich in Germany. The misuse of the swastika is an affront and cause of deep regret to people of the Buddhist, Hindu and Jain religions. The swastika continues to be embraced by members of these religions and can be found in places of worship, architecture and religious books, as well as in commercial and personal settings such as people's homes.

The distorted version of the symbol is also known as the Hakenkreuz (meaning twisted or hooked cross in German). The Hakenkreuz became a symbol of the Third Reich, under which heinous crimes were perpetrated against humanity, particularly the Jewish people. The Hakenkreuz is a symbol of antisemitism and hatred and of an ideology fundamentally incompatible with Victoria's multicultural, multiethnic and democratic society.

While the Hakenkreuz is perhaps the most recognised symbol of the Third Reich, gestures and other symbols associated with the regime, including the Nazi salute, also incite antisemitism and hatred. As with the Hakenkreuz, the Nazi salute and these other symbols and gestures used by the Nazi Party have no place in Victoria and cause harm to many Victorian communities.

41JDefinitions

In this Division—

child means a person under the age of 18 years;

intelligence agency means—

(a)the Australian Security Intelligence Organisation; or

(b)the Australian Secret Intelligence Service; or

(c)the Australian Signals Directorate; or

(d)the Office of National Intelligence;

law enforcement officer has the same meaning as in section 40;

like process has the same meaning as in section 42(1AA);

Nazi gesture means—

(a)a Nazi salute; or

(b)any other gesture used by the Nazi Party; or

(c)a gesture that so nearly resembles a gesture referred to in paragraph (a) or (b) that it is likely to be confused with or mistaken for that gesture;

Nazi Party means the National Socialist German Workers' Party (NSDAP) and includes, but is not limited to, the following paramilitary arms—

(a)the SA (Sturmabteilung);

(b)the SS (Schutzstaffel);

(c)the NSKK (National Socialist Motor Corps);

(d)the NSFK (National Socialist Flyers Corps);

Nazi symbol means—

(a)a Hakenkreuz, being a symbol of a cross with the arms bent at right angles in a clockwise direction; or

(ab)any other symbol used by the Nazi Party; or

(b)a symbol that so nearly resembles a symbol referred to in paragraph (a) or (ab) that it is likely to be confused with or mistaken for that symbol;

Example

A cross with the arms bent at right angles in a counter clockwise direction.

non-Government school has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

post-secondary education institution has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006.

41KPublic display or performance of Nazi symbols or gestures

(1)A person must not intentionally display a Nazi symbol or Nazi gesture if—

(a)the person knows, or ought reasonably to know, that the symbol or gesture is a Nazi symbol or Nazi gesture; and

(b)the display—

(i)occurs in a public place, a non‑Government school or a post‑secondary education institution; or

(ii)occurs in sight of a person who is in a public place, a non‑Government school or a post‑secondary education institution.

Penalty:120 penalty units or imprisonment for 12 months or both.

(1A)A person must not intentionally perform a Nazi gesture if—

(a)the person knows, or ought reasonably to know, that the gesture is a Nazi gesture; and

(b)the performance—

(i)occurs in a public place, a non‑Government school or a post‑secondary education institution; or

(ii)occurs in sight of a person who is in a public place, a non‑Government school or a post‑secondary education institution.

Penalty:120 penalty units or imprisonment for 12 months or both.

(2)A person does not contravene subsection (1) or (1A) if the display or performance was engaged in reasonably and in good faith—

(a)for a genuine academic, artistic, educational or scientific purpose; or

Examples

1     A person performs the Nazi salute during a theatre performance.

2     A bookshop displays for sale an educational textbook on World War II, which has a Hakenkreuz on the cover.

3     A teacher shows a film as part of a history class in which the SS symbol can be seen.

(b)in making or publishing a fair and accurate report of any event or matter of public interest.

(2A)A person does not contravene subsection (1) if the display of the Nazi symbol was engaged in reasonably and in good faith for a genuine cultural or religious purpose.

Examples

1     A person of Hindu faith displays a swastika in the front window of the person's shop as a symbol of good luck.

2     A person of Jain faith draws a swastika on the person's new vehicle before using it as a symbol of good fortune.

3     A person of Buddhist faith displays a sculpture of Buddha with a swastika on the chest, as a symbol of auspiciousness, at a Buddhist temple.

4     The floor of a shop is patterned with swastikas in the hope of bringing prosperity.

5     A member of the Hindu community wears a T‑shirt in public with a swastika on the front as a symbol of peace.

(2B)A person does not contravene subsection (1) if the display of the Nazi symbol or the Nazi gesture was engaged in reasonably and in good faith in opposition to fascism, Nazism, neo-Nazism or other related ideologies.

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Summary Offences Act 1966 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Summary Offences Act 1967, No. 7635/1967

Assent Date:	19.12.67
Commencement Date:	19.12.67
Current State:	All of Act in operation

Summary Offences (Sunday Newspapers) Act 1969, No. 7786/1969

Assent Date:	1.4.69
Commencement Date:	24.4.69: Government Gazette 23.4.69 p. 1075
Current State:	All of Act in operation

Summary Offences Act 1969, No. 7854/1969

Assent Date:	14.10.69
Commencement Date:	19.12.69: Government Gazette 19.12.69 p. 4136
Current State:	All of Act in operation

Justices (Amendment) Act 1969, No. 7876/1969

Assent Date:	25.11.69
Commencement Date:	S. 2(3)(Sch.) on 1.4.70: Government Gazette 25.2.70 p. 463
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Country Fire Authority (Amendment) Act 1969, No. 7877/1969

Assent Date:	25.11.69
Commencement Date:	25.11.69
Current State:	All of Act in operation

Summary Offences Act 1970, No. 7967/1970

Assent Date:	13.4.70
Commencement Date:	13.4.70
Current State:	All of Act in operation

Summary Offences (Trespass to Farms) Act 1970, No. 8065/1970

Assent Date:	22.12.70
Commencement Date:	27.1.71: Government Gazette 27.1.71 p. 200
Current State:	All of Act in operation

Summary Offences Act 1970, No. 8075/1970

Assent Date:	22.12.70
Commencement Date:	22.12.70
Current State:	All of Act in operation

Summary Offences (Trespasses) Act 1970, No. 8085/1970

Assent Date:	22.12.70
Commencement Date:	22.12.70
Current State:	All of Act in operation

Police Regulation (Amendment) (No. 2) Act 1971, No. 8179/1971

Assent Date:	23.11.71
Commencement Date:	15.12.71: Government Gazette 15.12.71 p. 3845
Current State:	All of Act in operation

Summary Offences (Amendment) Act 1971, No. 8226/1971

Assent Date:	14.12.71
Commencement Date:	14.12.71
Current State:	All of Act in operation

Crimes (Powers of Arrest) Act 1972, No. 8247/1972

Assent Date:	6.4.72
Commencement Date:	1.7.72: Government Gazette 28.6.72 p. 2360
Current State:	All of Act in operation

Police Offences Act 1972, No. 8267/1972

Assent Date:	9.5.72
Commencement Date:	9.5.72
Current State:	All of Act in operation

Consumer Protection Act 1972, No. 8276/1972

Assent Date:	13.5.72
Commencement Date:	Ss 1–4, Pts 1, 2 (except Divs 2, 3), 3 (except Div. 2), 4, 5 on 1.7.72; Divs 2, 3 of Pt 2, Div. 2 of Pt 3 on 13.7.72: see s. 2(2) of Act No. 8382
Current State:	All of Act in operation

Health (Contraceptives) Act 1974, No. 8642/1974

Assent Date:	17.12.74
Commencement Date:	S. 7 on 1.9.75: Government Gazette 25.6.75 p. 2179
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Bail Act 1977, No. 9008/1977

Assent Date:	10.5.77
Commencement Date:	1.9.77: Government Gazette 17.8.77 p. 2654
Current State:	All of Act in operation

Statute Law Revision 1977, No. 9019/1977

Assent Date:	17.5.77
Commencement Date:	17.5.77: subject to s. 2(2)
Current State:	All of Act in operation

Summary Offences (Amendment) Act 1978, No. 9214/1978

Assent Date:	19.12.78
Commencement Date:	20.12.78: Government Gazette 20.12.78 p. 3886
Current State:	All of Act in operation

Crimes (Sexual Offences) Act 1980, No. 9509/1980

Assent Date:	23.12.80
Commencement Date:	1.3.81: Government Gazette 4.2.81 p. 338
Current State:	All of Act in operation

Summary Offences (Corporation Meetings) Act 1981, No. 9519/1981

Assent Date:	24.3.81
Commencement Date:	6.5.81: Government Gazette 6.5.81 p. 1434
Current State:	All of Act in operation

Statute Law Revision Act 1981, No. 9549/1981

Assent Date:	19.5.81
Commencement Date:	19.5.81: subject to s. 2(2)
Current State:	All of Act in operation

Penalties and Sentences Act 1981, No. 9554/1981 (as amended by No. 9902/1983)

Assent Date:	19.5.81
Commencement Date:	S. 44 on 26.9.80: s. 1(3); ss 1, 36–46 on 3.6.81: Government Gazette 3.6.81 p. 1778; rest of Act on 1.9.81: Government Gazette 26.8.81 p. 2799
Current State:	All of Act in operation

Summary Offences (False Reports to Police) Act 1981, No. 9642/1981

Assent Date:	15.12.81
Commencement Date:	15.12.81
Current State:	All of Act in operation

Director of Public Prosecutions Act 1982, No. 9848/1982

Assent Date:	21.12.82
Commencement Date:	Ss 1–8, 17 on 12.1.83: Government Gazette 12.1.83 p. 80; rest of Act on 1.6.83: Government Gazette 11.5.83 p. 1146
Current State:	All of Act in operation

Statute Law Revision Act 1983, No. 9902/1983

Assent Date:	15.6.83
Commencement Date:	15.6.83: subject to s. 2(2)
Current State:	All of Act in operation

Fire Authorities Act 1983, No. 9928/1983

Assent Date:	28.6.83
Commencement Date:	S. 13 on 29.6.83: Government Gazette 29.6.83 p. 1889; rest of Act on 20.7.83: Government Gazette 20.7.83 p. 2291
Current State:	All of Act in operation

Penalties and Sentences (Amendment) Act 1983, No. 9945/1983

Assent Date:	20.9.83
Commencement Date:	S. 2 on 1.9.81: s. 1(4); rest of Act (except s. 8) on 20.12.83: Government Gazette 14.12.83 p. 4035; s. 8 repealed by No. 10096 s. 4(4)
Current State:	All of Act in operation

Legal Profession Practice (Further Amendment) Act 1983, No. 10012/1983

Assent Date:	13.12.83
Commencement Date:	1.1.84: Government Gazette 29.12.83 p. 4149
Current State:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
Current State:	All of Act in operation

Planning (Brothels) Act 1984, No. 10094/1984

Assent Date:	22.5.84
Commencement Date:	Ss 1–4, 7(2), 9–14 on 2.7.84: Government Gazette 30.5.84 p. 1674; ss 49D, 49E inserted by s. 7(1) in the Town and Country Planning Act 1961 on 2.7.84: Government Gazette 30.5.84 p. 1674; ss 5, 6, 8 on 1.7.85: Government Gazette 19.6.85 p. 2336; ss 49C, 49F–49O inserted by s. 7(1) in the Town and Country Planning Act 1961 on 1.7.85: Government Gazette 19.6.85 p. 2336
Current State:	All of Act in operation

Health (Amendment) Act 1985, No. 10262/1985

Assent Date:	10.12.85
Commencement Date:	S. 4(Sch.) on 1.3.86: Government Gazette 26.2.86 p. 451
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes (Confiscation of Profits) Act 1986, No. 101/1986

Assent Date:	16.12.86
Commencement Date:	1.8.87: Government Gazette 22.7.87 p. 1924
Current State:	All of Act in operation

Prostitution Regulation Act 1986, No. 124/1986

Assent Date:	23.12.86
Commencement Date:	S. 76 on 16.8.87: Government Gazette 12.8.87 p. 2175
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Road Safety Act 1986, No. 127/1986 (as amended by No. 87/1987)

Assent Date:	23.12.86
Commencement Date:	S. 102 on 1.3.87: Government Gazette 25.2.87 p. 445; Sch. 4 (items 27.1, 27.2) on 1.7.87: Special Gazette (No. 27) 25.6.87 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1986

Coal Mines (Amendment) Act 1987, No. 6/1987

Assent Date:	28.4.87
Commencement Date:	11.5.87: Government Gazette 6.5.87 p. 1004
Current State:	All of Act in operation

Planning and Environment Act 1987, No. 45/1987

Assent Date:	27.5.87
Commencement Date:	Pt 1, s. 204 on 27.5.87: s. 2(1); rest of Act (except Sch. items 118, 119) on 16.2.88: Government Gazette 10.2.88 p. 218; Sch. items 118, 119 repealed by No. 86/1989 s. 24
Current State:	All of Act in operation

Crimes (Amendment) Act 1987, No. 70/1987

Assent Date:	24.11.87
Commencement Date:	Ss 1–3, 5–7 on 6.12.87: Government Gazette 2.12.87 p. 3309; s. 8 on 1.9.88: Government Gazette 31.8.88 p. 2598; s. 4 on 27.6.89: Special Gazette (No. 35) 27.6.89 p. 1
Current State:	All of Act in operation

Tobacco Act 1987, No. 81/1987

Assent Date:	24.11.87
Commencement Date:	Ss 6(1)(3), 13, 15 on 1.4.88: s. 2(2); s. 6(2) on 1.1.89: s. 2(4); s. 14 on 1.7.88: s. 2(3); rest of Act on 24.11.87: s. 2(1)
Current State:	All of Act in operation

Liquor Control Act 1987, No. 97/1987

Assent Date:	1.12.87
Commencement Date:	S. 181(14) on 3.5.88: Government Gazette 27.4.88 p. 1044
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes (Computers) Act 1988, No. 36/1988

Assent Date:	24.5.88
Commencement Date:	1.6.88: Government Gazette 1.6.88 p. 1487
Current State:	All of Act in operation

Summary Offences (Amendment) Act 1988, No. 74/1988

Assent Date:	15.12.88
Commencement Date:	16.12.88: Special Gazette (No. 99) 16.12.88 p. 1
Current State:	All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989

Assent Date:	9.5.89
Commencement Date:	S. 4(1)(Sch. 2 items 112.28–115.7, 115.9–117.3) on 1.11.89: Government Gazette 1.11.89 p. 2798; Sch. 2 item 115.8 on 3.6.92: Government Gazette 3.6.92 p. 1306
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Fire Authorities Act 1989, No. 50/1989

Assent Date:	14.6.89
Commencement Date:	S. 51 on 1.7.89: Government Gazette 28.6.89 p. 1559
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
Current State:	All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.89 p. 2473
Current State:	All of Act in operation

Control of Weapons Act 1990, No. 24/1990

Assent Date:	5.6.90
Commencement Date:	31.8.90: Government Gazette 29.8.90 p. 2616
Current State:	All of Act in operation

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 2 item 28) on 6.11.91: Government Gazette 30.10.91 p. 2970
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes (Sexual Offences) Act 1991, No. 8/1991

Assent Date:	16.4.91
Commencement Date:	S. 20(1) on 5.8.91: Government Gazette 24.7.91 p. 2026
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Sentencing Act 1991, No. 49/1991

Assent Date:	25.6.91
Commencement Date:	22.4.92: Government Gazette 15.4.92 p. 898
Current State:	All of Act in operation

Meat Industry Act 1993, No. 40/1993

Assent Date:	1.6.93
Commencement Date:	Sch. 2(items 11.1–11.3) on 30.6.93: Government Gazette 24.6.93 p. 1596
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences (Stolen Cattle) Act 1993, No. 71/1993

Assent Date:	5.10.93
Commencement Date:	5.10.93
Current State:	All of Act in operation

Local Government (Miscellaneous Amendments) Act 1993, No. 125/1993

Assent Date:	7.12.93
Commencement Date:	S. 20(11) on 7.12.93: s. 2(4)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Medical Practice Act 1994, No. 23/1994

Assent Date:	17.5.94
Commencement Date:	Ss 1, 2 on 17.5.94: s. 2(1); rest of Act on 1.7.94: Government Gazette 23.6.94 p. 1672
Current State:	All of Act in operation

Law and Justice Legislation Amendment Act 1997, No. 44/1997

Assent Date:	11.6.97
Commencement Date:	Ss 53–55 on 19.6.97: Government Gazette 19.6.97 p. 1384
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences (Amendment) Act 1998, No. 8/1998

Assent Date:	21.4.98
Commencement Date:	21.4.98: s. 2
Current State:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Prostitution Control (Amendment) Act 1999, No. 44/1999

Assent Date:	8.6.99
Commencement Date:	S. 32 on 8.6.99: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 121) on 22.11.00: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Sentencing (Emergency Service Costs) Act 2001, No. 80/2001

Assent Date:	4.12.01
Commencement Date:	S. 6 on 5.12.01: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Auction Sales (Repeal) Act 2001, No. 84/2001

Assent Date:	11.12.01
Commencement Date:	S. 13 on 1.1.03: s. 2(4)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes (Property Damage and Computer Offences) Act 2003, No. 10/2003

Assent Date:	6.5.03
Commencement Date:	S. 15 on 7.5.03: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences (Offensive Behaviour) Act 2003, No. 33/2003

Assent Date:	27.5.03
Commencement Date:	27.5.04: s. 2(2)
Current State:	All of Act in operation

Cemeteries and Crematoria Act 2003, No. 80/2003

Assent Date:	11.11.03
Commencement Date:	S. 183 on 1.7.05: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Monetary Units Act 2004, No. 10/2004

Assent Date:	11.5.04
Commencement Date:	S. 15(Sch. 1 item 30) on 1.7.04: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes (Controlled Operations) Act 2004, No. 16/2004

Assent Date:	18.5.04
Commencement Date:	S. 56 on 2.11.08: Government Gazette 30.10.08 p. 2530
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Ambulance Services (Amendment) Act 2004, No. 51/2004

Assent Date:	22.6.04
Commencement Date:	S. 23 on 5.8.04: Government Gazette 5.8.04 p. 2172—see Interpretation of Legislation Act 1984
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005, No. 56/2005

Assent Date:	13.9.05
Commencement Date:	Ss 4, 5 on 14.9.05: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Health Professions Registration Act 2005, No. 97/2005

Assent Date:	7.12.05
Commencement Date:	S. 182(Sch. 4 item 49) on 1.7.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Disability Act 2006, No. 23/2006

Assent Date:	16.5.06
Commencement Date:	S. 249 on 1.7.07: s. 2(3)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 39) on 1.7.07: Government Gazette 28.6.07 p. 1304
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006

Assent Date:	13.6.06
Commencement Date:	S. 94(Sch. item 46) on 1.7.06: Government Gazette 29.6.06 p. 1315
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 29) on 30.8.06: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences Amendment (Upskirting) Act 2007, No. 49/2007

Assent Date:	25.9.07
Commencement Date:	26.9.07: s. 2
Current State:	All of Act in operation

Criminal Procedure Legislation Amendment Act 2008, No. 8/2008

Assent Date:	18.3.08
Commencement Date:	S. 17 on 1.7.08: s. 2(5)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Infringements and Other Acts Amendment Act 2008, No. 9/2008

Assent Date:	18.3.08
Commencement Date:	S. 9 on 1.7.08: Special Gazette (No. 172) 27.6.08 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment Act 2008, No. 21/2008

Assent Date:	2.6.08
Commencement Date:	S. 28 on 1.7.08: s. 2(7)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Public Health and Wellbeing Act 2008, No. 46/2008

Assent Date:	2.9.08
Commencement Date:	S. 288 on 1.1.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences Amendment (Tattooing and Body Piercing) Act 2008,
No. 49/2008

Assent Date:	15.9.08
Commencement Date:	Ss 3–5 on 1.1.09: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes Legislation Amendment (Food and Drink Spiking) Act 2009, No. 1/2009

Assent Date:	10.2.09
Commencement Date:	S. 4 on 11.2.09: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Criminal Procedure Act 2009, No. 7/2009 (as amended by No. 68/2009)

Assent Date:	10.3.09
Commencement Date:	S. 436 on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 115) on 1.1.10: Government Gazette 10.12.09 p. 3215
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences and Control of Weapons Acts Amendment Act 2009, No. 92/2009

Assent Date:	15.12.09
Commencement Date:	Ss 3–8 on 16.12.09: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010

Assent Date:	30.3.10
Commencement Date:	S. 51(Sch. item 54) on 1.7.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Victims of Crime Assistance and Other Matters) Act 2010, No. 18/2010

Assent Date:	18.5.10
Commencement Date:	Ss 50–53 on 1.7.10: Government Gazette 1.7.10 p. 1359
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Health and Human Services Legislation Amendment Act 2010, No. 29/2010

Assent Date:	8.6.10
Commencement Date:	S. 72 on 1.7.10: Special Gazette (No. 235) 23.6.10 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Consumer Affairs Legislation Amendment (Reform) Act 2010, No. 63/2010

Assent Date:	28.9.10
Commencement Date:	S. 81(Sch. item 13) on 1.11.10: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment Act 2011, No. 12/2011

Assent Date:	10.5.11
Commencement Date:	Ss 9–11 on 1.8.11: Special Gazette (No. 245) 26.7.11 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Infringement Offences) Act 2011, No. 27/2011 (as amended by No. 26/2012)

Assent Date:	21.6.11
Commencement Date:	S. 7 on 16.12.09: s. 2(3); s. 6 on 1.7.14: s. 2(5)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 92) on 22.6.11: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Protective Services Officers) Act 2011, No. 43/2011

Assent Date:	6.9.11
Commencement Date:	Ss 47–54 on 28.11.11: Special Gazette (No. 379) 22.11.11 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Victorian Commission for Gambling and Liquor Regulation Act 2011, No. 58/2011

Assent Date:	2.11.11
Commencement Date:	S. 104(Sch. item 5) on 6.2.12: Special Gazette (No. 423) 21.12.11 p. 4
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Children's Services Amendment Act 2011, No. 80/2011

Assent Date:	21.12.11
Commencement Date:	S. 79(Sch. item 8) on 1.1.12: Special Gazette (No. 423) 21.12.11 p. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Emergency Services Legislation Amendment Act 2012, No. 5/2012

Assent Date:	6.3.12
Commencement Date:	S. 117 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Courts and Sentencing Legislation Amendment Act 2012, No. 26/2012

Assent Date:	29.5.12
Commencement Date:	S. 79 on 16.7.12: Special Gazette (No. 237) 3.7.12 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Health Professions Registration (Repeal) Act 2012, No. 27/2012

Assent Date:	29.5.12
Commencement Date:	S. 26 on 1.7.12: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Sentencing Amendment (Abolition of Suspended Sentences and Other Matters) Act 2013, No. 32/2013

Assent Date:	4.6.13
Commencement Date:	S. 64 on 19.4.14: Special Gazette (No. 122) 15.4.14 p. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 54) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013

Assent Date:	17.12.13
Commencement Date:	S. 52 on 18.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences and Sentencing Amendment Act 2014, No. 15/2014

Assent Date:	18.3.14
Commencement Date:	Ss 3, 4 on 28.5.14: Special Gazette (No. 155) 20.5.14 p. 1; ss 5, 6 on 1.9.14: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 28) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. items 160.1–160.5, 160.8–160.18) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2; s. 10(Sch. items 160.6, 160.7) on 1.9.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Criminal Organisations Control and Other Acts Amendment Act 2014, No. 55/2014

Assent Date:	26.8.14
Commencement Date:	S. 179 on 27.8.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Sentencing Amendment (Emergency Workers) Act 2014, No. 69/2014

Assent Date:	23.9.14
Commencement Date:	Ss 14, 15 on 2.11.14: Special Gazette (No. 330) 23.9.14 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes Amendment (Sexual Offences and Other Matters) Act 2014, No. 74/2014

Assent Date:	21.10.14
Commencement Date:	Ss 23–27 on 3.11.14: Special Gazette (No. 400) 29.10.14 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014

Assent Date:	21.10.14
Commencement Date:	S. 59 on 2.11.14: Special Gazette (No. 400) 29.10.14 p. 2; s. 60 of the JusticeLegislation Amendment (Confiscation and Other Matters) Act 2014, No. 79/2014, which was intended to amend s. 51A(3) of the Summary Offences Act 1966, No. 7405/1966, never commenced (contingent upon non-enacted legislation)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences Amendment (Move-on Laws) Act 2015, No. 6/2015

Assent Date:	25.3.15
Commencement Date:	Ss 4–8 on 26.3.15: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Criminal Organisations Control Amendment (Unlawful Associations) Act 2015, No. 48/2015

Assent Date:	13.10.15
Commencement Date:	S. 9 on 1.7.16: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes Legislation Amendment Act 2016, No. 28/2016

Assent Date:	31.5.16
Commencement Date:	S. 8 on 3.10.16: Special Gazette (No. 296) 27.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes Amendment (Sexual Offences) Act 2016, No. 47/2016

Assent Date:	6.9.16
Commencement Date:	Ss 24, 25, 45 on 1.7.17: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Crimes Legislation Amendment (Public Order) Act 2017, No. 32/2017

Assent Date:	15.8.17
Commencement Date:	S. 3 on 13.9.17: Special Gazette (No. 303) 12.9.17 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017, No. 43/2017

Assent Date:	26.9.17
Commencement Date:	S. 64(3) on 30.11.17: Special Gazette (No. 406) 28.11.17 p. 1; s. 49 on 5.4.18: Special Gazette (No. 136) 27.3.18 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Protective Services Officers and Other Matters) Act 2017, No. 45/2017

Assent Date:	26.9.17
Commencement Date:	S. 57 on 1.4.18: Special Gazette (No. 136) 27.3.18 p. 3
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Victims) Act 2018, No. 5/2018

Assent Date:	27.2.18
Commencement Date:	S. 20 on 28.2.18: s. 2(1)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 119) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Disability (National Disability Insurance Scheme Transition) Amendment Act 2019, No. 19/2019

Assent Date:	25.6.19
Commencement Date:	S. 271 on 1.7.20: s. 2(4)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Local Government Act 2020, No. 9/2020

Assent Date:	24.3.20
Commencement Date:	S. 390(Sch. 1 item 99) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences Amendment (Decriminalisation of Public Drunkenness) Act 2021, No. 6/2021 (as amended by No. 35/2022)

Assent Date:	2.3.21
Commencement Date:	Ss 4–11 on 7.11.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Sex Work Decriminalisation Act 2022, No. 7/2022

Assent Date:	1.3.22
Commencement Date:	Ss 27–32 on 10.5.22: s. 2(2); ss 44–51 on 1.12.23: s. 2(3)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Casino and Liquor Legislation Amendment Act 2022, No. 26/2022

Assent Date:	28.6.22
Commencement Date:	S. 60 on 1.7.22: Special Gazette (No. 336) 30.6.22 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences Amendment (Nazi Symbol Prohibition) Act 2022, No. 29/2022

Assent Date:	28.6.22
Commencement Date:	S. 3 on 29.12.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Justice Legislation Amendment (Sexual Offences and Other Matters) Act 2022, No. 38/2022

Assent Date:	6.9.22
Commencement Date:	Ss 26–34 on 30.7.23: s. 2(5)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	S. 871 on 1.9.23: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 27) on 6.9.23: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Summary Offences Amendment (Nazi Salute Prohibition) Act 2023, No. 27/2023

Assent Date:	20.10.23
Commencement Date:	Ss 4–10 on 21.10.23: s. 2
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Youth Justice Act 2024, No. 32/2024

Assent Date:	10.9.24
Commencement Date:	S. 845A on 30.9.25: s. 2(2)
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Bail Amendment Act 2025, No. 8/2025

Assent Date:	25.3.25
Commencement Date:	Ss 14, 15 on 26.3.25: Special Gazette (No. 138) 25.3.25 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

Bail Further Amendment Act 2025, No. 34/2025

Assent Date:	2.9.25
Commencement Date:	S. 22 on 30.9.25: Special Gazette (No. 518) 23.9.25 p. 1
Current State:	This information relates only to the provision/s amending the Summary Offences Act 1966

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Metric Conversion (Summary Offences Act 1966) Regulations 1974, S.R. No. 137/1974

Date of Making:	23.4.74
Date of Commencement:	23.4.74

Metric Conversion (Summary Offences Act 1966 No. 2) Regulations 1974, S.R. No. 302/1974

Date of Making:	25.6.74
Date of Commencement:	25.6.74

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3   Explanatory details

No entries at date of publication.