Summary Offences Act 1988 (NSW)

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Does not include amendments by—

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.84 (not commenced)

See also—

Summary Offences Amendment (Limitation on Offensive Language) Bill 2025 [Non-government Bill— the Hon Jeremy Buckingham, MLC]

Anzac Memorial Bill 2025

Summary Offences and Other Legislation Amendment (Public Assemblies) Bill 2025 [Non-government Bill— Mr A A Henskens, MP]

Crimes and Summary Offences Amendment Bill 2025

An Act with respect to conduct in public and other places; to repeal the Offences in Public Places Act 1979, the Public Assemblies Act 1979 and the Prostitution Act 1979; and for other purposes.

Part 1Preliminary1Name of Act

This Act may be cited as the Summary Offences Act 1988.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Definitions(1)

In this Act—

building means a building or structure, or any part of a building or structure.

church means—

  • (a)

    a building ordinarily used for Divine worship, and

  • (b)

    any land occupied or used in connection with such a building.

dwelling means—

  • (a)

    a building intended for occupation as a residence and being, or capable of being, so occupied, except where it is above, or attached to, a shop or commercial premises, and

  • (b)

    such a building that is part of a retirement village or is among the buildings in which persons live as a religious or other private community, and

  • (c)

    any land occupied or used in connection with a building referred to in paragraph (a) or (b).

hospital means—

  • (a)

    a public hospital within the meaning of the Health Services Act 1997 controlled by a local health district or the Crown, or

  • (b)

    a statutory health corporation or affiliated health organisation within the meaning of that Act, or

  • (c)

    a private health facility within the meaning of the Private Health Facilities Act 2007 or a nursing home within the meaning of the Public Health Act 2010,

and any land or building occupied or used in connection with such a hospital, establishment or nursing home.

knife includes—

  • (a)

    a knife blade, or

  • (b)

    a razor blade, or

  • (c)

    any other blade,

but does not include anything that is of a class or description declared by the regulations to be excluded from this definition.

premises includes a structure, building, vehicle, vessel or place, whether built on or not, and any part thereof.

prohibited drug has the same meaning as it has in the Drug Misuse and Trafficking Act 1985.

prostitution includes acts of prostitution between persons of different sexes or of the same sex, and includes—

  • (a)

    sexual intercourse within the meaning of Division 10 of Part 3 of the Crimes Act 1900, and

  • (b)

    masturbation committed by one person on another,

for payment.

public place means—

  • (a)

    a place (whether or not covered by water), or

  • (b)

    a part of premises,

that is open to the public, or is used by the public whether or not on…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.