Summary Offences (Offensive Behaviour) Act 2003 (Vic)

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Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 2

PART 2—SUMMARY OFFENCES ACT 1966 3

3. New section 18 inserted 3
18. Offensive behaviour by a person in a motor vehicle in a

declared area 3

4. New sections 60AA to 60AH inserted 4

60AA. Power to serve infringement notice 4
60AB. Form of notice 4
60AC. Late payment of penalty 5

60AD. Withdrawal of notice 6

60AE. Payment expiates offence 7
60AF. Payment not to have certain consequences 7
60AG. Prosecution after service of infringement notice 7
60AH. Enforcement of infringement penalty 8

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ENDNOTES 9

i

Victoria

No. 33 of 2003

Summary Offences (Offensive

Behaviour) Act 2003†

[Assented to 27 May 2003]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a)

to create a new offence in the Summary Offences Act 1966 relating to offensive behaviour; and

(b)

to make other amendments to that Act to provide for infringement notices.

Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

Part 1—Preliminary s. 2
2. Commencement
(1) Subject to sub-section (2), this Act comes into

operation on a day to be proclaimed.

(2) If this Act does not come into operation before the
day that is the first anniversary of the day on
which it receives the Royal Assent, it comes into
operation on that day.

__________________
Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

s. 3	Part 2—Summary Offences Act 1966

PART 2—SUMMARY OFFENCES ACT 1966

3. New section 18 inserted

See:

Act No.	After section 17 of the Summary Offences Act
7405.	1966 insert—
Reprint No. 8
as at	"18. Offensive behaviour by a person in a motor
1 January

2003. vehicle in a declared area

LawToday:

(1) A person is guilty of an offence if—

dpc.vic.
gov.au

(a) the person uses words, or makes a

gesture, while in a motor vehicle; and

(b)

the person does so within the view or hearing of another person in a public place; and

(c)

the motor vehicle is (wholly or partly) in an area declared by the Minister under sub-section (4); and

(d)

the words are likely to offend, or the gesture is likely to offend, a reasonable person.
(2) An offence against sub-section (1) is an

offence of strict liability.

(3) A person who is guilty of an offence against
sub-section (1) is liable to a fine not
exceeding 5 penalty units.

Note: A member of the police force may issue an infringement notice for an offence against sub-section (1) (see sections 60AA to 60AH).
(4) The Minister may, by notice published in the Government Gazette, declare one or more areas for the purposes of sub-section (1)(c) if the Minister is satisfied that conduct contrary to section 12 or 13 of the Prostitution Control Act 1994 frequently occurs in the area or areas.

Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

Part 2—Summary Offences Act 1966 s. 4
(5) A declaration under sub-section (4) must
specify the particular streets or parts of
streets that are included in the area or form
its boundary.
(6) Unless sooner revoked, a declaration under sub-section (4) expires on the day which is the first anniversary of the day on which it was published in the Government Gazette.".
4. New sections 60AA to 60AH inserted
After section 60 of the Summary Offences Act
1966 insert—
'60AA. Power to serve infringement notice
(1) A member of the police force may serve an
infringement notice on any person that he or
she has reason to believe has committed an
offence against section 18.
Note: Section 18 deals with offensive behaviour by a person in a motor vehicle in a declared area.
(2) An infringement notice may be served on a
person—

(a)

by delivering it personally to the person; or

(b)

by sending it by post addressed to the person's last known place of residence or business.

60AB. Form of notice
(1) An infringement notice must state—
(a) the date of the notice; and

(b)

that section 18 of this Act creates the offence; and

(c)

the nature, and a brief description, of the alleged offence; and

Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

s. 4	Part 2—Summary Offences Act 1966

(d) the date, time and place of the alleged offence; and
(e)
that the amount payable (the the alleged offence is 1 penalty unit; and

(f) the manner in which the infringement penalty may be paid; and
(g) the time (which must be at least 28 days after the date on which the notice is served) within which the infringement penalty must be paid; and
(h)
penalty is paid before the end of that
time, the matter will not be brought
before the Magistrates' Court unless the
that, if the amount of the infringement after the date on which it was served; and
(i) that the person is entitled to disregard the notice and defend any proceedings in respect of the offence in the
Magistrates' Court; and

(j) any other prescribed particulars.
(2) The Governor in Council may make
regulations for or with respect to prescribing
particulars for the purposes of sub-section
(1)(j).

60AC. Late payment of penalty

A member of the police force may accept payment of the infringement penalty even after the time for payment stated in the
infringement notice expires if—

Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

Part 2—Summary Offences Act 1966 s. 4

(a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court
Act 1989 in respect of the offence to which the infringement penalty relates; and

(b)

the infringement notice has not been withdrawn.
60AD. Withdrawal of notice
(1) A member of the police force may withdraw
an infringement notice at any time within 28 days after the date on which the notice was served by serving a withdrawal notice on the person served with the infringement notice.
(2) A withdrawal notice may be served on a
person—

(a)

by delivering it personally to the person; or

(b)

by sending it by post addressed to the person's last known place of residence or business.
(3) An infringement notice may be withdrawn
even if the infringement penalty has been
paid.
(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid
must be refunded and the Consolidated Fund
is, to the necessary extent, appropriated
accordingly.

Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

s. 4	Part 2—Summary Offences Act 1966

60AE. Payment expiates offence

If an infringement notice is not withdrawn and the infringement penalty is paid within the time for payment stated in the notice or is
accepted in accordance with section 60AC,
then—

(a)

the person on whom the notice was served has expiated the offence by that payment; and

(b)

no proceedings may be taken against that person in respect of that offence; and

(c)

no conviction is to be taken to have been recorded against that person for that offence.
60AF. Payment not to have certain consequences
(1) The payment of an infringement penalty is
not and must not be taken to be—

(a)

an admission of guilt in relation to the offence; or

(b)

an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the
payment does not in any way affect or
prejudice any such claim or proceeding.
(2) The payment of an infringement penalty
must not be referred to in any report
provided to a court for the purpose of
determining sentence for an offence.

60AG. Prosecution after service of infringement
notice
A charge may be filed in respect of an offence to which an infringement notice relates if—

Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

Part 2—Summary Offences Act 1966 s. 4

(a)

the infringement penalty has not been paid within the time for payment stated in the notice or in accordance with section 60AC; or
(b) the notice is withdrawn.
60AH. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 to the Magistrates' Court Act
1989 if—

(a)
the infringement notice is an of Schedule 7 to that Act; and

(b)

the infringement penalty has not been paid within the time stated in the notice or in accordance with section 60AC; and
(c) the notice has not been withdrawn; and

(d)

a charge has not been filed in accordance with section 60AG.'.
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Summary Offences (Offensive Behaviour) Act 2003

Act No. 33/2003

Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 9 April 2003
Legislative Council: 20 May 2003
The long title for the Bill for this Act was "to amend the Summary Offences Act 1966 to create a new offence and for other purposes."

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Summary Offences (Offensive Behaviour) Act 2003 (Vic)

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60AA.	Power to serve infringement notice	4
60AB.	Form of notice	4
60AC.	Late payment of penalty	5

60AE.	Payment expiates offence	7
60AF.	Payment not to have certain consequences	7
60AG.	Prosecution after service of infringement notice	7
60AH.	Enforcement of infringement penalty	8

(a)	to create a new offence in the Summary Offences Act 1966 relating to offensive behaviour; and
(b)	to make other amendments to that Act to provide for infringement notices.

(b)	the person does so within the view or hearing of another person in a public place; and
(c)	the motor vehicle is (wholly or partly) in an area declared by the Minister under sub-section (4); and
(d)	the words are likely to offend, or the gesture is likely to offend, a reasonable person.

(a)	by delivering it personally to the person; or
(b)	by sending it by post addressed to the person's last known place of residence or business.

(b)	that section 18 of this Act creates the offence; and
(c)	the nature, and a brief description, of the alleged offence; and

(f)	the manner in which the infringement penalty may be paid; and
(g)	the time (which must be at least 28 days after the date on which the notice is served) within which the infringement penalty must be paid; and
(h)	penalty is paid before the end of that time, the matter will not be brought before the Magistrates' Court unless the

Part 2—Summary Offences Act 1966	s. 4
(a)	neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court

(a)	the person on whom the notice was served has expiated the offence by that payment; and
(b)	no proceedings may be taken against that person in respect of that offence; and
(c)	no conviction is to be taken to have been recorded against that person for that offence.

(a)	an admission of guilt in relation to the offence; or
(b)	an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the
payment does not in any way affect or prejudice any such claim or proceeding.

Part 2—Summary Offences Act 1966	s. 4
(a)	the infringement penalty has not been paid within the time for payment stated in the notice or in accordance with section 60AC; or