New South Wales
Summary Offences Amendment Act
1997 No 148
Contents
Page
| 1 Name of Act | 2 |
| 2 Commencement | 2 |
| 3 | Amendment of Summary Offences Act 1988 No 25 | 2 |
| Schedule 1 | Amendments | 3 |
New South Wales
Summary Offences Amendment Act
1997 No 148
Act No 148, 1997
An Act to amend the Summary Offences Act 1988 to make further provision with respect to offences concerning the carrying of offensive implements in a public place and the possession or consumption of liquor by children in a public place; to create offences relating to the wielding of knives in a public place or school and the sale of knives and knife blades to children; and for other purposes. [Assented to 17 December 1997]
| Section 1 | Summary Offences Amendment Act 1997 No 148 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Summary Offences Amendment Act 1997.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Summary Offences Act 1988 No 25
The Summary Offences Act 1988 is amended as set out in
Schedule 1.
Summary Offences Amendment Act 1997 No 148
| Amendments | Schedule 1 |
| Schedule 1 | Amendments |
(Section 3 )
Section 3 Definitions
Omit paragraph (a) of the definition of school from section 3 (1).
Insert instead:
| (a) | a government school or a registered non-government school within the meaning of the Education Reform Act 1990, and |
Section 10 Custody of offensive implement
Insert “ or a school” after “public place” in section 10 (1).
Section 10 (1)
Omit “ 20 penalty units or imprisonment for 12 months” .
Insert instead “ 50 penalty units or imprisonment for 2 years” .
Sections 10AA, 10AB
Insert after section 10:
10AA Wielding of knives in a public place or school
| (1) | A person who, without reasonable excuse (proof of which lies on the person): | |||
| ||||
| in the presence of any person in a public place or a school in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of an offence. | ||||
| Maximum penalty: 50 penalty units or imprisonment for 2 years. | ||||
| (2) | No person of reasonable firmness need actually be, or be likely to be, present at the scene. |
Summary Offences Amendment Act 1997 No 148
| Schedule 1 | Amendments |
10AB Sale of knives or knife blades to children
A person who sells a knife or knife blade to a child under such a contravention if it is proved:
the age of 16 years is guilty of an offence.
Maximum penalty: 50 penalty units.
It is a defence (proof of which lies on the person) to a
prosecution for an offence under this section that the
person selling the knife believed on reasonable grounds
that the child was of or above the age of 16 years.
If an employee contravenes subsection…