Section 41 — Location immaterial — Summary Offences Act 1966 (Victoria) — Barrister AI

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The text here is as at 7 Jun 2026. Checked against the Victorian Legislation on 25 Sep 2026: a newer compilation, as at 4 Mar 2026, has been registered and is not yet held here.Read the current compilation on the official source →

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s 1Short title, commencement and division s 3Definitions s 4Offences relating to the good order of towns etc.s 5Obstruction of footpath etc.s 6Direction to move on s 6AConsultation with Victoria Police before issuing permit to facilitate public protest s 6BDefinition of public protest s 6CObjectives of Subdivision s 6DDirection to remove face covering worn at public protest s 6EObjectives of Subdivision s 6FLocking or securing one person to another person or a thing at public protest s 6GSeizure of container or other thing s 6HIssue of search warrant by magistrate s 7Offences tending to personal injury or damage to property s 8Offences relating to horse-drawn vehicles, public vehicles, animals etc.s 9Wilful destruction, damage etc. of property s 10Posting bills etc. and defacing property s 11Lighting of fires in the open air s 17Obscene, indecent, threatening language and behaviour etc. in public s 17AAThreatening, indecent, offensive or insulting conduct towards an applicable customer-facing worker s 17ADisorderly conduct s 19Sexual exposure s 20Improperly conducting refreshment house s 21Disturbing religious assembly s 21AAssaulting person attending religious assembly s 21BEngaging in conduct to intimidate, menace or harass persons attending religious assembly s 21CEngaging in conduct to hinder or obstruct persons attending religious assembly s 22Entry of police s 23Common assault s 24Aggravated assault s 25Conviction or dismissal a bar to criminal proceedings s 26Unexplained possession of personal property reasonably suspected to be stolen s 27Search warrant for skins of cattle, goods from wreck etc.s 28Recovery of possession of stolen cattle s 29Recovery of price paid for stolen cattle s 30Possession of skin or carcass of stolen cattle s 31Possession of property from wrecks s 32Offering property from wrecks for sale s 33Examination of persons through whose hands property has passed s 34Retaining or disposing of property as workmen etc.s 37Obtaining goods etc. by valueless cheque s 38Taking or using vehicle without consent of owner etc.s 38ADefinitions s 38BCommercial sexual services at or near certain places s 38COffence to allow child on premises used for commercial sexual services s 38DPower to require person to state age s 38EDefinition s 38FAdvertising controls for commercial sexual services s 39Advertising regulations s 40Definitions s 41Location immaterial s 41AObservation of genital or anal region s 1The reasonable expectation test is an objective one—what would a reasonable person in the position of the person being observed have expected.s 2Section 41D sets out exceptions to this offence.s 41DExceptions to offence against section 41A s 41ESearch warrant s 41FSeizure of things not mentioned in the warrant s 41GAnnouncement before entry s 41HFood or drink spiking s 41IStatement for this Division s 41JDefinitions s 41KPublic display or performance of Nazi symbols or gestures s 3A teacher shows a film as part of a history class in which the SS symbol can be seen.s 5A member of the Hindu community wears a T‐shirt in public with a swastika on the front as a symbol of peace.s 3A person who displays the pink triangle used by LGBTIQ+ communities.s 41LDirection to remove Nazi symbol or Nazi gesture from public display s 41MIssue of search warrant by magistrate s 41NObjectives of Division s 41ODefinitions and interpretation s 41PSymbol of an organisation s 41QPublic display of terrorist organisation symbol s 41RDirection to remove terrorist organisation symbol from public display s 41SSeizure of thing bearing a terrorist organisation symbol s 41TIssue of search warrant by magistrate s 42Tattooing of juveniles s 43Definitions s 43AApplication s 44Intimate body piercing of persons under 18 s 44ANon-intimate body piercing of persons under 16 s 45Definition s 46Destruction of homing pigeons s 47Compensation s 48Entering in pursuit of homing pigeons s 49Existing remedies preserved s 49ABegging or gathering alms s 49BLoitering with intent to commit an indictable offence s 49CBeing disguised with unlawful intent s 49DPossessing housebreaking implements s 49EEscaping from lawful custody s 49FContravening certain conduct conditions of bail undertakings s 50Prohibition of use of certain kinds of matches in specified localities in certain months s 50ATrespass—land used for primary production s 51Assaulting, etc. emergency workers, custodial officers, youth justice custodial workers or local authority staff on duty s 51AAssaulting registered health practitioners s 51BDefinitions s 51CMeaning of applicable customer-facing worker s 51DAssaulting applicable customer-facing workers s 51EReview of certain amendments s 52Besetting premises s 52AOffence to harass witnesses etc.s 53Making false reports to police etc.s 54Offence by body corporate s 55Liability of masters s 56Who may file charge-sheet s 57Neglect to prosecute s 59Procedure s 60Offences of more serious nature not to be dealt with under this Act s 60AAPower to serve infringement notice s 60ABInfringement penalty s 60AForfeiture of weapons or instruments s 60BWhen certain seized things become eligible to be collected, and by whom s 60CCollection of seized thing from police station s 60DForfeiture of seized thing that is not collected s 60EForfeiture of seized thing in other circumstances s 61Proceeds of sale of forfeited property to be paid to Consolidated Fund s 61ARegulations s 62Transitional provisions s 63Savings and validation provision—Summary Offences and Control of Weapons Acts Amendment Act 2009—lodgeable infringement offences s 64Transitional provision—Children and Justice Legislation Amendment (Youth Justice Reform) Act 2017 s 65Transitional provision—Sex Work Decriminalisation Act 2022 s 66Transitional provision—Sex Work Decriminalisation Act 2022 s 67Transitional provision—Summary Offences Amendment (Nazi Salute Prohibition) Act 2023

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41

Location immaterial

In force

41 Location immaterial

An offence against section 41A may be committed even if the person whose genital or anal region is being observed is in a public place.

S. 41A inserted by No. 49/2007 s. 3.

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Section 41 — Location immaterial — Summary Offences Act 1966 (Victoria) — Barrister AI