Summary Offences Act 1988

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

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

In this Act—

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

church means—

a building ordinarily used for Divine worship, and

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

dwelling means—

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

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

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

hospital means—

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

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

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 knife blade, or

a razor blade, or

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—

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

masturbation committed by one person on another,

for payment.

public place means—

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

a part of premises,

that is open to the public, or is used by the public whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used and whether or not the public to whom it is open consists only of a limited class of persons, but does not include a school.

residence includes a building in which a person resides as part of a private community.

road means a road within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

road related area means a road related area within the meaning of section 4 (1) of the Road Transport Act 2013 (other than a road related area that is the subject of a declaration made under section 18 (1) (b) of that Act relating to all of the provisions of that Act).

school means—

a government school or a registered non-government school within the meaning of the Education Act 1990, and

a school providing education (whether secular or religious) at a pre-school or infants’ school level or at a primary or secondary level, and

a place used for the purposes of an establishment commonly known as a child-minding centre or for similar purposes, and

the land, and any building, occupied by or in connection with the conduct of such a school or place,

and includes any part of such a school or place, but does not include any building that is occupied or used solely as a residence or solely for a purpose unconnected with the conduct of such a school or place.

vehicle includes—

a motor vehicle (whether or not still capable of being driven), and

a train or other vehicle used on a railway or monorail, and

a caravan or anything else constructed to be drawn by a vehicle or animal.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

For the purposes of this Act, a person who is in a vehicle in any place shall be taken to be in that place.

Section 8 of the Crimes Act 1900 does not apply in relation to the expression “public place” in this Act.

Notes included in this Act do not form part of this Act.

A person must not conduct himself or herself in an offensive manner in or near, or within view or hearing from, a public place or a school.

Maximum penalty—6 penalty units or imprisonment for 3 months.

A person does not conduct himself or herself in an offensive manner as referred to in subsection (1) merely by using offensive language.

It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

A person must not use offensive language in or near, or within hearing from, a public place or a school.

Maximum penalty—6 penalty units.

It is a sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

Instead of imposing a fine on a person, the court—

may make a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 that is subject to the standard conditions of a community correction order and to a community service work condition (despite the offence not being punishable by imprisonment), or

may make an order under section 5 (1) of the Children (Community Service Orders) Act 1987 requiring the person to perform community service work,

as the case requires.

(Repealed)

However, the maximum number of hours of community service work that a person may be required to perform under an order in respect of an offence under this section is 100 hours.

A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person.

Maximum penalty—10 penalty units or imprisonment for six months.

A person shall not, without reasonable excuse (proof of which lies on the person), wilfully prevent, in any manner, the free passage of a person, vehicle or vessel in a public place.

Maximum penalty—4 penalty units.

A person must not, without reasonable excuse (proof of which lies on the person), enter any vehicle or boat in a public place without the consent of the owner or lawful occupier of the vehicle or boat.

Maximum penalty—4 penalty units.

A person shall not wilfully—

damage or deface, or

enter upon, or

cause any foreign material or substance to enter into,

any part of a fountain erected in a public place.

Maximum penalty—4 penalty units.

In this section—

interment site has the meaning it has in Part 4 of the Cemeteries and Crematoria Act 2013 and includes a memorial (within the meaning of that Act).

protected place means a shrine, monument or statue located in a public place, and (without limitation) includes a war memorial or an interment site.

war memorial means a war memorial located in a public place, and (without limitation) includes—

the Anzac Memorial in Hyde Park, Sydney, being the memorial area within the meaning of the Anzac Memorial Act 2025, and

any other place prescribed under subsection (4) as a war memorial for the purposes of this section.

A person must not wilfully damage or deface any protected place.

Maximum penalty—40 penalty units.

A person must not commit any nuisance or any offensive or indecent act in, on or in connection with any war memorial or interment site.

Maximum penalty—20 penalty units.

Instead of imposing a fine on a person under this section, the court—

may make a community correction order under section 8 of the Crimes (Sentencing Procedure) Act 1999 that is subject to the standard conditions of a community correction order and to a community service work condition (despite the offence not being punishable by imprisonment), or

may make an order under section 5 (1) of the Children (Community Service Orders) Act 1987 requiring the person to perform community service work,

as the case requires.

If a person is convicted of an offence under this section in relation to a war memorial, the court may order the person to pay to the person who has control or management of the war memorial compensation of not more than $4,400 for damage or defacement of the war memorial or a loss incurred as a result of the offence.

Compensation payable under subsection (3B) is in addition to any fine or other penalty imposed in relation to the offence.

The regulations may prescribe a place (within a public place) as a war memorial for the purposes of this section, comprising—

a specified shrine, monument, statue or other structure or place, and

a specified area (if any) within its vicinity.

A person who risks the safety of any other person as a consequence of—

abseiling, jumping or parachuting from any part of a building or other structure, or

climbing down or up or on or otherwise descending (except as referred to in paragraph (a)) or ascending any part of a building or other structure, except by use of the stairs, lifts or other means provided for ascent or descent of it,

is guilty of an offence.

Maximum penalty—10 penalty units or imprisonment for 3 months, or both.

A person is not guilty of an offence under this section for doing anything if the person establishes that he or she had some reasonable excuse for doing it or did it for a lawful purpose.

In this section—

structure includes a bridge, crane (whether mobile or not) and tower, but does not include a structure provided for climbing or jumping for recreational purposes.

A person who—

is given a move on direction for being intoxicated and disorderly in a public place, and

at any time within 6 hours after the move on direction is given, is intoxicated and disorderly in the same or another public place,

is guilty of an offence.

Maximum penalty—15 penalty units.

For the purposes of this section, a move on direction is a direction given to a person by a police officer, under section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002, to leave a public place and not return for a specified period.

Note.

The maximum period for which a person can be directed not to return to a public place is 6 hours.

It is a requirement under section 198 of the Law Enforcement (Powers and Responsibilities) Act 2002 that the police officer warn a person given a move on direction for being intoxicated and disorderly in a public place that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the move on direction is given.

In proceedings for an offence against this section, it is necessary to prove that a move on direction was given within 6 hours before the person was found to be intoxicated and disorderly in a public place, but it is not necessary to prove that the person contravened the move on direction by being so intoxicated and disorderly in the public place at the time concerned.

A person cannot be proceeded against or convicted for both an offence against this section and an offence against section 199 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Failure to comply with direction) in relation to the same conduct.

It is sufficient defence to a prosecution for an offence under this section if the defendant satisfies the court that the defendant had a reasonable excuse for conducting himself or herself in the manner alleged in the information for the offence.

For the purposes of this section, a person is intoxicated if—

the person’s speech, balance, co-ordination or behaviour is noticeably affected, and

it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of alcohol or any drug.