Summary Offences Regulation 2025

This regulation is the Summary Offences Regulation 2025.

This regulation commences on the day on which this regulation is published on the NSW legislation website.

Note—

This regulation repeals and replaces the Summary Offences Regulation 2020, which would otherwise be repealed on 1 September 2025 by the Subordinate Legislation Act 1989, section 10(2).

In this regulation—

seized liquor means liquor seized by a police officer under the Act, section 11(2).

the Act means the Summary Offences Act 1988.

Note—

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

A police officer seizing liquor from a person under the Act, section 11(2) must tell the person that the officer suspects, on reasonable grounds, the person—

is less than 18 years of age, and

is not under the supervision of a responsible adult, and

does not have a reasonable excuse for possessing the liquor.

A police officer may immediately dispose of seized liquor if—

when the liquor is seized, the liquor—

is in a container that is unsealed or from which part of the contents have been removed, or

is, or will likely soon become, unfit for human consumption, and

it is not inappropriate or unreasonable to do so, including because of the quantity or value of the liquor.

The police officer must ensure seized liquor is disposed of in a way that ensures the liquor is not capable of being consumed.

This section applies to seized liquor that is not disposed of by a police officer under section 5.

Immediately after seizing liquor from a person under the Act, section 11(2), the police officer must tell the person that—

the liquor will be taken to a specified police station, and

the liquor will be kept at the police station for at least 24 hours, and

the person may make a claim for the return of the liquor at the police station.

A receipt that includes details of the seized liquor must be issued to the person by—

the police officer seizing the liquor, or

if a receipt was not issued under paragraph (a)—a police officer at the specified police station.

The receipt must be issued—

for a receipt under subsection (3)(a)—immediately after the seizure, or

for a receipt under subsection (3)(b)—as soon as possible after the liquor is taken to the specified police station.

The receipt may be issued in electronic form.

A police officer must ensure seized liquor to which this section applies is—

taken to the specified police station, and

kept at the police station for at least 24 hours.

If liquor is taken to a police station under section 6(6), the person from whom the liquor was seized (the claimant) may make a claim for the return of the liquor.

Before deciding whether to return seized liquor, the police officer deciding the claim may require the claimant to present one or more of the following—

the receipt for the seized liquor issued to the claimant under section 6(3),

other evidence that the claimant is entitled to possession of the seized liquor.

The seized liquor must be returned to the claimant if—

the claimant proves the claimant was at least 18 years of age when the liquor was seized, or

the claimant establishes the claimant had a reasonable excuse for possessing the liquor, or

the claimant establishes the claimant was under the supervision of a responsible adult when the liquor was seized, or

the police officer deciding the claim is satisfied the return of the liquor is otherwise justified in the circumstances.

Despite subsection (3)(a)–(c), the police officer deciding the claim may refuse to return seized liquor if the claimant—

is less than 18 years of age and not accompanied by a responsible adult, or

does not comply with a requirement imposed under subsection (2) to provide a receipt or other evidence of the claimant’s entitlement to possess the seized liquor, or

refuses to sign an acknowledgement of the return of the seized liquor.

The Commissioner of Police may issue instructions for disposing of seized liquor forfeited to the Crown.

Seized liquor that is kept at a police station must be dealt with in accordance with the instructions if no claim is made for the return of the liquor within 24 hours after the liquor is taken to the police station.

The Act, section 11F does not apply to the following—

knives that are—

designed to be used for eating, and

made of a material other than ceramic or metal,

blades that are not—

knife blades, or

part of a cleaver, machete or sword.

For the Act, section 21E(2), each notice must contain the following—

SUMMARY OFFENCES ACT 1988

IF YOU ARE UNDER 18 YOU ARE NOT PERMITTED TO ENTER THIS CLUB

The words included in the notice must be in capital letters not less than 1cm in height.

For the Act, section 23(1)(b) and (c)(v), the form and particulars set out in Schedule 1 are prescribed.

For the Act, section 23(2), the following address is prescribed—

NSW Police Headquarters

1 Charles Street

Parramatta NSW 2150

For the Act, section 29B(1), the prescribed amount is $550.