1Short title, commencement and division

This Act may be cited as the Summary Offences Act 1966 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

S. 2 repealed by No. 71/1993 s. 4(a).

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No. 6337 s. 3.

3Definitions

In this Act unless inconsistent with the context or subject-matter—

animal includes every species of quadruped and every species of bird whether in a natural or domestic state;

cattle includes any horse mare gelding ass bull cow ox ram ewe wether pig goat and every hybrid or cross thereof and the young of any such animals;

S. 3 def. of designated place inserted by No. 43/2011 s. 47, substituted by No. 37/2014 s. 10(Sch. item 160.1(b)).

designated place has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of information repealed by No. 57/1989 s. 3(Sch. item 190.1(a)).

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S. 3 def. of intelligence agency inserted by No. 55/2025 s. 86.

intelligence agency means—

(a)

the Australian Security Intelligence Organisation; or

(b)

the Australian Secret Intelligence Service; or

(c)

the Australian Signals Directorate; or

(d)

the Office of National Intelligence;

S. 3 def. of law enforcement officer inserted by No. 55/2025 s. 86.

law enforcement officer means—

(a)

a police officer or a member of the police force or police service of any other State or of the Northern Territory; or

(b)

a member of the Australian Federal Police; or

(c)

a member of staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;

S. 3 def. of local authority amended by Nos 9019 s. 2(1)(Sch. item 214), 12/1989 s. 4(1)(Sch. 2 items 115.1–115.3), 57/1989 s. 3(Sch. item 190.1(b)).

local authority means—

(a)

the council of any municipal district;

(b)

any member of the staff of any such council authorized in writing by the council to exercise any of the powers and discretions conferred on a local authority by this Act; or

(c)

in the case of any portion of Victoria that is not part of any municipal district—the nearest venue of the magistrates' court;

S. 3 def. of non-Government school inserted by No. 55/2025 s. 86.

non-Government school has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 160.1(a)).

police officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of post-secondary education institution inserted by No. 55/2025 s. 86.

post-secondary education institution has the same meaning as in section 1.1.3(1) of the Education and Training Reform Act 2006;

S. 3 def. of protective services officer inserted by No. 43/2011 s. 47, substituted by No. 37/2014 s. 10(Sch. item 160.1(c)).

protective services officer has the same meaning as in the Victoria Police Act 2013;

S. 3 def. of public place amended by No. 9549 s. 2(1)(Sch. item 219), substituted by No. 97/1987 s. 181(14), amended by Nos 74/2000 s. 3(Sch. 1 item 121.2), 24/2006 s. 6.1.2(Sch. 7 item 39.1).

public place includes and applies to—

(a)

any public highway road street bridge footway footpath court alley passage or thoroughfare notwithstanding that it may be formed on private property;

(b)

any park garden reserve or other place of public recreation or resort;

(c)

any railway station platform or carriage;

(d)

any wharf pier or jetty;

(e)

any passenger ship or boat plying for hire;

(f)

any public vehicle plying for hire;

(g)

any church or chapel open to the public or any other building where divine service is being publicly held;

(h)

any Government school or the land or premises in connexion therewith;

(i)

any public hall theatre or room while members of the public are in attendance at, or are assembling for or departing from, a public entertainment or meeting therein;

(j)

any market;

(k)

any auction room or mart or place while a sale by auction is there proceeding;

(l)

any licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998;

(m)

any race-course cricket ground football ground or other such place while members of the public are present or are permitted to have access thereto whether with or without payment for admission;

(n)

any place of public resort;

(o)

any open place to which the public whether upon or without payment for admittance have or are permitted to have access; or

(p)

any public place within the meaning of the words "public place" whether by virtue of this Act or otherwise;

road includes and applies to every road street or bridge;

S. 3 def. of Scheduled public place inserted by No. 44/1997 s. 53(1).

Scheduled public place means a public place described in Schedule 1;

section means section of this Act;

town means a populous area or place.

4Offences relating to the good order of towns etc.

Any person who—

(a)

burns rubbish shavings or other materials in a public place;

(b)

leaves inflammable materials or matter in or on a public shed or place or in an open space near a building without first obtaining the permission of the local authority;

(c)

opens a drain or sewer in or removes the surface of a footpath or road without first obtaining the permission of the local authority;

(d)

in a public place—

(i)

flies a kite; or

(ii)

plays at a game—

to the annoyance of any person;

(e)

obstructs a footpath or road whether by allowing a vehicle to remain across such footpath or road or by placing goods thereon or otherwise;

S. 4(f) amended by S.R. No. 302/1974 reg. 2.

(f)

has an awning on or over a footpath in a public street or thoroughfare not being 2⋅13 metres clear above the footpath or hangs goods on or under an awning over the footpath;

(g)

carries out a blasting operation in or near a public place without first obtaining the permission of the local authority or does not attend to all directions in regard thereto given by the local authority;

(h)

exposes in a public street or thoroughfare (except in a fair or market lawfully appointed for that purpose) a vehicle or a horse or other animal for show hire or sale;

(i)

makes a cellar, door or other opening from the footpath of a public street or thoroughfare without the consent of the local authority;

(j)

sets off fireworks in a public place without first obtaining the permission of the local authority—

S. 4(k) repealed by No. 24/1990 s. 13(4).

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shall be guilty of an offence.

5 penalty units.

No. 6337 s. 7.

S. 5 amended by No. 68/2009 s. 97(Sch. item 115.1).

5Obstruction of footpath etc.

Where in a prosecution for obstructing a footpath street or road under—

S. 5(a) amended by No. 7635 s. 2.

(a)

paragraph (e) of section 4; or

S. 5(b) amended by Nos 12/1989 s. 4(1)(Sch. 2 item 115.4), 9/2020 s. 390(Sch. 1 item 99.1).

(b)

any local law made under section 71 of the Local Government Act 2020 or any corresponding previous enactment—

the obstruction alleged is by assemblage of persons (not being a procession) or by any person or persons forming part of or connected with such assemblage the court shall not convict the accused unless it is satisfied that, having regard to all the circumstances of the case and to the amount of traffic which actually was at the time on the footpath street or road, there was undue obstruction thereof.

S. 6 amended by Nos 9554 s. 2(2)(Sch. 2 item 303), 9902 s. 2(1)(Sch. item 232), 74/1988 s. 3, repealed by No. 12/1989 s. 4(1)(Sch. 2 item 115.5).

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Pt 1 Div. 1A (Heading and new s. 6) inserted by No. 92/2009 s. 3.

6Direction to move on

S. 6(1) amended by Nos 43/2011 s. 48(2), 37/2014 s. 10(Sch. item 160.2).

(1)

A police officer, or a protective services officer on duty at a designated place, may give a direction to a person or persons in a public place to leave the public place, or part of the public place, if the police officer or protective services officer suspects on reasonable grounds that—

(a)

the person is or persons are breaching, or likely to breach, the peace; or

(b)

the person is or persons are endangering, or likely to endanger, the safety of any other person; or

S. 6(1)(c) amended by Nos 15/2014 s. 3(1), 6/2015 s. 4(1).

(c)

the behaviour of the person or persons is likely to cause injury to a person or damage to property or is otherwise a risk to public safety.

S. 6(1)(d)–(h) inserted by No. 15/2014 s. 3(2), repealed by No. 6/2015 s. 4(2).

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S. 6(1A) inserted by No. 15/2014 s. 3(3), amended by No. 37/2014 s. 10(Sch. item 160.3), repealed by No. 6/2015 s. 4(3).

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S. 6(2) amended by Nos 15/2014 s. 3(4), 6/2015 s. 4(4).

(2)

A direction under this section may be given orally.

(3)

A direction under this section may direct the person or persons not to return to the public place or part of a public place or not to be in that public place or part for a specified period of not more than 24 hours.

(4)

A person must not without reasonable excuse contravene a direction given to the person under this section.

5 penalty units.

S. 6(4A) inserted by No. 45/2017 s. 57(1).

(4A)

A protective services officer may only exercise the power to give a direction under this section in relation to a person who is at a public place that is at, or in the vicinity of, a designated place.

S. 6(5) amended by Nos 15/2014 s. 3(5), 6/2015 s. 4(5).

(5)

This section does not apply in relation to a person who, whether in the company of other persons or not, is—

(a)

picketing a place of employment; or

(b)

demonstrating or protesting about a particular issue; or

(c)

speaking, bearing or otherwise identifying with a banner, placard or sign or otherwise behaving in a way that is apparently intended to publicise the person's view about a particular issue.

S. 6(6) inserted by No. 15/2014 s. 3(6), amended by No. 37/2014 s. 10(Sch. item 160.3), repealed by No. 6/2015 s. 4(6).

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S. 6A inserted by No. 15/2014 s. 4, amended by No. 37/2014 s. 10(Sch. item 160.4), repealed by No. 6/2015 s. 5.

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S. 6B inserted by No. 15/2014 s. 4, amended by Nos 37/2014 s. 10(Sch. item 160.5), 55/2014 s. 179, repealed by No. 6/2015 s. 6.

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Pt 1 Div. 1B (Heading and ss 6C–6J) inserted by No. 15/2014 s. 5, amended by No. 37/2014 s. 10(Sch. items 160.6, 160.7), repealed by No. 6/2015 s. 7, new Pt 1 Div. 1B (Heading and new s. 6A) inserted by No. 32/2017 s. 3.

6AConsultation with Victoria Police before issuing permit to facilitate public protest

(1)

A Council must consult with Victoria Police before granting an application for a permit for the use of council land, a road closure or anything else that the Council believes will facilitate a public protest being held by the applicant.

(2)

The Minister responsible for the administration of the Victoria Police Act 2013 may publish in the Government Gazette guidelines relating to—

(a)

how and when consultation with Victoria Police is to be conducted; and

(b)

the permits or types of permits in relation to which a Council is not required to consult with Victoria Police under this section.

(3)

Any decision of a Council to issue or not issue a permit is not invalid merely because the Council has not complied with this section.

(4)

In this section—

S. 6A(4) def. of Council amended by No. 9/2020 s. 390(Sch. 1 item 99.2).

Council has the same meaning as in section 3(1) of the Local Government Act 2020;

public protest means an event held to advance, publicise or promote a political, ideological or industrial cause.

Pt 1 Div. 1C (Headings and new ss 6B–6H) inserted by No. 55/2025 s. 80.

6BDefinition of public protest

In this Division—

public protest means an event that—

(a)

occurs at a public place, a non‑Government school or a post‑secondary education institution; and

(b)

is held to advance, publicise or promote a political, ideological or industrial cause.

6CObjectives of Subdivision

The objectives of this Subdivision are—

(a)

to maintain the fundamental right to engage in peaceful protest; and

(b)

to protect the ability of persons to exercise that right without fear of violence; and

(c)

to ensure that police can effectively investigate the commission of alleged offences at public protests, including by identifying the alleged offenders; and

(d)

to promote public safety and to prevent violence at public protests; and

(e)

to protect persons from harms that arise from the commission of offences at public protests, under the cover of anonymity, involving conduct that is likely to incite hatred, contempt, revulsion or ridicule.

New s. 6D inserted by No. 55/2025 s. 80.

6DDirection to remove face covering worn at public protest

(1)

A police officer may direct a person who is wearing a face covering to cease wearing the face covering as soon as reasonably practicable if—

(a)

the person is at a place where a public protest is occurring; and

(b)

the police officer believes on reasonable grounds that the person—

(i)

committed an offence at that place while the public protest was occurring; or

(ii)

intends to commit an offence at that place while the public protest is occurring.

Note

The offence may be an offence against section 195N(1) of the Crimes Act 1958. That offence relates to conduct that is likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of, another person or a group of persons, and that is engaged in on the ground of a protected attribute.

(2)

When giving a direction under subsection (1), the police officer may also direct the person to neither resume wearing the face covering, nor wear any other face covering, while at a place where the public protest is occurring.

(3)

A police officer may also direct a person who is wearing a face covering to cease wearing the face covering as soon as reasonably practicable if—

(a)

the person—

(i)

has left a place where a public protest was occurring; or

(ii)

is at a place where a public protest was occurring but is no longer occurring; and

(b)

no more than a reasonable amount of time has elapsed since the person left the place or the public protest stopped occurring at that place; and

(c)

the police officer believes on reasonable grounds that the person committed an offence at that place while the public protest was occurring at that place.

(4)

Immediately before or after giving a direction under subsection (1), (2) or (3), the police officer must warn the person that it is an offence to fail to comply with the direction without a reasonable excuse.

(5)

A direction under subsection (1), (2) or (3), and a warning under subsection (4), may be given orally or in writing.

(6)

A person who—

(a)

has been given a direction under subsection (1), (2) or (3); and

(b)

has been given a warning under subsection (4)—

must not, without reasonable excuse, fail to comply with the direction.

Penalty: 5 penalty units.

(7)

Without limiting what may be a reasonable excuse for failing to comply with a direction given under this section, it is a reasonable excuse that the face covering is being worn reasonably and in good faith for—

(a)

a genuine religious or cultural purpose; or

(b)

a genuine medical purpose.

6EObjectives of Subdivision

The objectives of this Subdivision are—

(a)

to maintain the fundamental right to engage in peaceful protest; and

(b)

to protect the ability of persons to exercise that right without risk of injury; and

(c)

to promote public safety and to prevent injury and serious risks to public safety at public protests.

New s. 6F inserted by No. 55/2025 s. 80.

6FLocking or securing one person to another person or a thing at public protest

A person must not, without reasonable excuse, use a thing or a substance to lock or otherwise secure any person (including themselves) to another person, or to a surface or other thing, at a place where a public protest is occurring if—

(a)

those persons, surfaces or things being locked or otherwise secured together—

(i)

is likely to cause injury to a person other than one of those who is locked or otherwise secured; or

(ii)

presents a serious risk to public safety; or

(b)

unlocking or releasing a person who is locked or secured—

(i)

is likely to cause injury to a person other than one of those who is locked or otherwise secured; or

(ii)

presents a serious risk to public safety.

Penalty: 120 penalty units or imprisonment for 12 months or both.

New s. 6G inserted by No. 55/2025 s. 80.

6GSeizure of container or other thing

(1)

A police officer may seize a container of a substance, or another thing, if—

(a)

the police officer believes on reasonable grounds that a person will imminently commit an offence against section 6F using the substance or the thing; and

(b)

in the case of a container or other thing that is in a person's possession—

(i)

the police officer has informed that person that the police officer holds the belief referred to in paragraph (a); and

(ii)

the police officer has asked the person who possesses the container or other thing to hand it over; and

(iii)

the police officer has warned the person that the police officer may seize the thing or container and may use reasonable force to do so.

(2)

A police officer may seize a thing (other than a container of a substance) if—

(a)

a person is locked or otherwise secured using that thing to another person, or to a surface or other thing; and

(b)

the police officer believes on reasonable grounds that this is the result of the commission of an offence against section 6F; and

(c)

the police officer has informed the person who is locked or otherwise secured that the police officer holds the belief referred to in paragraph (b); and

(d)

the police officer has asked that person to hand the thing over (whether or not this may require breaking, unlocking or otherwise modifying or operating the thing); and

(e)

the police officer has warned the person that the police officer may seize the thing and may use reasonable force to do so.

(3)

A police officer may seize a container of a substance if—

(a)

a person is locked or secured to another person, or to a surface or other thing, using the substance; and

(b)

the police officer believes on reasonable grounds that this is the result of the commission of an offence against section 6F; and

(c)

the police officer has informed the person who is locked or otherwise secured that the police officer holds the belief referred to in paragraph (b); and

(d)

the police officer has asked that person to hand the container over; and

(e)

the police officer has warned the person that the police officer may seize the container and may use reasonable force to do so.

(4)

If it is necessary for a police officer to use reasonable force to seize the container or other thing, the police officer may do so.

(5)

Without limiting subsection (4), when seizing a thing other than a container, if it is necessary to break, unlock or otherwise modify or operate the thing in order to seize it, the police officer may do so.

(6)

If the person hands the container or other thing over when asked to do so under subsection (1)(b)(ii), (2)(d) or (3)(d), the container or other thing is taken to have been seized under subsection (1), (2) or (3) (as the case requires).

(7)

Nothing in this section authorises the police officer to search a person or to seize anything that is not fully or partially visible immediately before it is seized.

Note

Sections 60B to 60E relate to the collection or forfeiture of things seized under this section.

New s. 6H inserted by No. 55/2025 s. 80.

Summary Offences Act 1966

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