Part 2 Offences in public and other places
Division 1 Offensive behaviour
(1) 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.
(2) A person does not conduct himself or herself in an offensive manner as referred to in subsection (1) merely by using offensive language.(3) 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.
(1) 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.
(2) 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.(3) Instead of imposing a fine on a person, the court:(a) may make an order under section 8 (1) of the Crimes (Sentencing Procedure) Act 1999 directing the person to perform community service work, or(b) 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Service Orders) Act 1987 requiring the person to perform community service work,as the case requires.(4), (5) (Repealed)(6) However, the maximum number of hours of community service work that a person may be required to perform under an order in respect of an offence under this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.
6A Unauthorised entry of vehicle or boat
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:(a) damage or deface, or(b) enter upon, or(c) cause any foreign material or substance to enter into,any part of a fountain erected in a public place.Maximum penalty: 4 penalty units.
8 Damaging or desecrating protected places
(1) In this section:protected place means a shrine, monument or statue located in a public place, and (without limitation) includes a war memorial.
war memorial means a war memorial located in a public place, and (without limitation) includes:
(a) the Anzac Memorial in Hyde Park, Sydney, being:(i) the memorial building referred to in the Anzac Memorial (Building) Act 1923, and(ii) the land described in the Schedule to that Act, and(iii) any other structure on that land, and(b) any other place prescribed under subsection (4) as a war memorial for the purposes of this section.(2) A person must not wilfully damage or deface any protected place.Maximum penalty: 40 penalty units.
(3) A person must not commit any nuisance or any offensive or indecent act in or on any war memorial.Maximum penalty: 20 penalty units.
(3A) Instead of imposing a fine on a person under this section, the court:(a) may make an order under section 8 (1) of the Crimes (Sentencing Procedure) Act 1999 directing the person to perform community service work, or(b) 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.(4) The regulations may prescribe a place (within a public place) as a war memorial for the purposes of this section, comprising:(a) a specified shrine, monument, statue or other structure or place, and(b) a specified area (if any) within its vicinity.
8A Climbing on or jumping from buildings and other structures
(1) A person who risks the safety of any other person as a consequence of:(a) abseiling, jumping or parachuting from any part of a building or other structure, or(b) 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.
(2) 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.(3) 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.
9 Continuation of intoxicated and disorderly behaviour following move on direction
(1) A person who:(a) is given a move on direction for being intoxicated and disorderly in a public place, and(b) 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: 6 penalty units.
(2) 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 201 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.
(3) 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.(4) 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.(5) 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.(6) For the purposes of this section, a person is intoxicated if:(a) the person’s speech, balance, co-ordination or behaviour is noticeably affected, and(b) 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.
10AA, 10AB (Renumbered as secs 11E, 11F)
11 Possession of liquor by minors
(1) A person under the age of 18 years is guilty of an offence if the person possesses or consumes any liquor in a public place, unless the person establishes that:(a) the person was under the supervision of a responsible adult, or(b) the person had a reasonable excuse for possessing or consuming the liquor.Maximum penalty: $20.
(2) A police officer may seize liquor in the possession of a person in a public place, if the officer suspects, on reasonable grounds, that:(a) the person is under the age of 18 years, and(b) the person is not under the supervision of a responsible adult, and(c) the person does not have a reasonable excuse for possessing the liquor.(3) Liquor seized under this section is forfeited to the Crown.(4) Liquor may be seized under this section from a person’s possession even though the person is under the age of criminal responsibility.(5) A person may not be arrested for an offence under subsection (1), except so far as may be necessary for the purpose of the administration of a caution by a police officer in relation to such an offence.(5A) A police officer who reasonably suspects that a person has committed an offence under subsection (1) may require that person:(a) to state his or her full name and residential address, and(b) to produce then, or at a police station within a reasonable time, documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age.(5B) A person the subject of a requirement under subsection (5A) must not:(a) refuse to state his or her full name and residential address, or(b) state a false name or residential address, or(c) without reasonable excuse, refuse or fail to produce evidence of age as referred to in subsection (5A) (b).Maximum penalty: $20.
(6) The regulations may make provision for or with respect to:(a) the procedure to be followed as regards the seizure of liquor under this section and the procedure to be followed after its seizure, and(b) without limiting paragraph (a), prescribing the circumstances in which, and the procedure by which, liquor seized under this section is to be returned, and(c) prescribing circumstances in which the other provisions of this section do not apply.(7) In this section:liquor has the same meaning as in the Liquor Act 2007, and includes any container containing liquor.
(1) If 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using or threatening unlawful violence is guilty of an offence.Maximum penalty: 10 penalty units or imprisonment for 6 months.
(2) It is immaterial whether or not the 3 or more persons use or threaten unlawful violence simultaneously.(3) No person of reasonable firmness need actually be, or be likely to be, present at the scene.(4) An offence under subsection (1) may be committed in private as well as in public places.(5) A person is guilty of an offence under subsection (1) only if he or she intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence.(6) Subsection (5) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence.(7) In this section:violence means any violent conduct, so that:
(a) it includes violent conduct towards property as well as violent conduct towards persons, and(b) it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct (for example, throwing at or towards a person a missile of a kind capable of causing injury which does not hit or falls short).
Division 2 Dangerous behaviour
Subdivision 1 Knives and offensive implements
11B Custody of offensive implement
(1) A person shall not, without reasonable excuse (proof of which lies on the person), have in his or her custody an offensive implement in a public place or a school.Maximum penalty: 50 penalty units or imprisonment for 2 years.
(2) If a person is convicted of an offence under this section, the court may, in addition to any penalty it may impose, make an order that the offensive implement be forfeited to the Crown, and the implement is forfeited accordingly.(3) In this section:offensive implement means:
(a) anything made or adapted for use for causing injury to a person, or(b) anything intended, by the person having custody of the thing, to be used to injure or menace a person or damage property.
11C Custody of knife in public place or school
(1) A person must not, without reasonable excuse (proof of which lies on the person), have in his or her custody a knife in a public place or a school.Maximum penalty: 20 penalty units or imprisonment for 2 years, or both.
(2) Without limitation, it is a reasonable excuse for the purposes of this section for a person to have custody of a knife, if:(a) the custody is reasonably necessary in all the circumstances for any of the following:(i) the lawful pursuit of the person’s occupation, education or training,(ii) the preparation or consumption of food or drink,(iii) participation in a lawful entertainment, recreation or sport,(iv) the exhibition of knives for retail or other trade purposes,(v) an organised exhibition by knife collectors,(vi) the wearing of an official uniform,(vii) genuine religious purposes, or(b) the custody is reasonably necessary in all the circumstances during travel to or from or incidental to an activity referred to in paragraph (a), or(c) the custody is of a kind prescribed by the regulations.(3) However, it is not a reasonable excuse for the purposes of this section for a person to have custody of a knife solely for the purpose of self defence or the defence of another person.(4), (5) (Repealed)(6) The regulations may provide that this section does not apply to or in relation to any specified class or description of knife.
11D Parents who allow children to carry knives
(1) The parent of a child, being a child:(a) who is under the age of 18 years, and(b) who commits an offence against section 11C,is guilty of an offence if the parent knowingly authorised or permitted the child to commit the offence.Maximum penalty: 5 penalty units.
(2) The parent of a child may be proceeded against and dealt with under this section whether or not the child has been proceeded against or dealt with under section 11C.(3) Nothing in this section affects the liability of the parent’s child for an offence committed by the child against section 11C.(4) If an act or omission constitutes an offence:(a) under this section, and(b) under section 11 of the Children (Protection and Parental Responsibility) Act 1997,the offender is not liable to be punished twice in respect of the act or omission.(5) In this section, parent of a child has the same meaning it has in the Children (Protection and Parental Responsibility) Act 1997.
11E Wielding of knives in a public place or school
(1) A person who, without reasonable excuse (proof of which lies on the person):(a) uses a knife, or(b) carries a knife that is visible,in the presence of any person in a public place or a school in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 2 years.
(2) No person of reasonable firmness need actually be, or be likely to be, present at the scene.
11F Sale of knives to children
(1) A person who sells a knife to a child under the age of 16 years is guilty of an offence.Maximum penalty: 50 penalty units.
(2) It is a defence (proof of which lies on the person) to a prosecution for an offence under this section that the person selling the knife believed on reasonable grounds that the child was of or above the age of 16 years.(3) If an employee contravenes subsection (1), the employer is taken to have contravened that subsection, whether or not the employee contravened the provision without the employer’s authority or contrary to the employer’s orders or instructions.(4) It is a defence to a prosecution against an employer for such a contravention if it is proved:(a) that the employer had no knowledge of the contravention, and(b) that the employer could not, by the exercise of due diligence, have prevented the contravention.(5) An employer may be proceeded against and convicted under subsection (1) by virtue of subsection (3) whether or not the employee has been proceeded against or convicted under subsection (1).(6) The regulations may provide that this section does not apply to or in relation to any specified class or description of knife.
11FA Custody or use of laser pointer in public place
(1) A person must not, without reasonable excuse (proof of which lies on the person):(a) have in his or her custody a laser pointer in a public place, or(b) use a laser pointer in a public place.Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.
(2) Without limitation, it is a reasonable excuse for the purposes of this section for a person:(a) to have custody of, or use, a laser pointer if the custody or use is reasonably necessary in all the circumstances for the lawful pursuit of the person’s occupation, education, training or hobby, or(b) to have custody of a laser pointer if the person has custody during travel to or from or incidental to that occupation, education, training or hobby.(3) The regulations may provide that this section does not apply to or in relation to any specified class or description of laser pointer.(4) In this section:laser pointer means a hand-held battery-operated device, designed or adapted to emit a laser beam, that may be used for the purposes of aiming, targeting or pointing.
Division 2A Loitering by convicted child sexual offenders
11G Loitering by convicted child sexual offenders near premises frequented by children
(1) A person who is a convicted child sexual offender and who loiters, without reasonable excuse, in or near:(a) a school, or(b) a public place regularly frequented by children and in which children are present at the time of the loitering,is guilty of an offence.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
(2) In this section:child means a person under the age of 16 years.
convicted child sexual offender means a person who has been convicted, whether before or after the commencement of this section, of any of the following offences:
(a) an offence involving sexual activity or acts of indecency that was committed in New South Wales against or in respect of a child and that was punishable by penal servitude or imprisonment for 12 months or more,(b) an offence under sections 91D–91G of the Crimes Act 1900 (other than if committed by a child prostitute),(c) an offence under section 91H, 578B or 578C (2A) of the Crimes Act 1900,(c1) an offence an element of which is an intention to commit an offence referred to in paragraph (a), (b) or (c),(d) an offence of attempting, or of conspiracy or incitement, to commit an offence referred to in paragraphs (a)–(c),(e) an offence under a law of a place outside New South Wales that would, if it had been committed in New South Wales, be an offence referred to in paragraphs (a)–(d).conviction includes a spent conviction.
(3) For the purposes of this section, section 579 of the Crimes Act 1900 does not apply to or in respect of an offence referred to in the definition of convicted child sexual offender in subsection (2).
Division 2B Intimidatory use of vehicles and vessels
11H Intimidatory use of vehicles and vessels
(1) A person must not operate a motorised vehicle or motorised vessel in a public place:(a) in such a manner as to harass or intimidate another person, or(b) in such a manner as would be likely to cause a person of reasonable firmness to fear for his or her personal safety.Maximum penalty: 6 penalty units.
(2) No person of reasonable firmness need actually be, or be likely to be, present at the scene.(3) A person is not liable to be convicted (in respect of the same act or omission) of both:(a) an offence under this section, and(b) an offence under section 4AA of the Traffic Act 1909 or section 43 of the Road Transport (Safety and Traffic Management) Act 1999.(4) In this section:vehicle includes:
(a) anything on wheels, tracks or skis, other than a vehicle used on a railway, tramway or monorail, and(b) anything else declared by the regulations to be a vehicle for the purposes of this section.vessel includes:
(a) anything that is used, or is capable of being used, as a means of transportation on, under or immediately above water, and(b) anything else declared by the regulations to be a vessel for the purposes of this section.
It is a sufficient defence to a prosecution for an offence under any of the provisions of this Part if the defendant satisfies the court that the act complained of in the information for the offence was done with lawful authority.
13 Particulars to be furnished
(1) If a defendant charged with an offence under any of the provisions of this Part:(a) has requested the informant to furnish to the defendant reasonable particulars of the behaviour or conduct the subject of the charge, and(b) the informant, or some person on his or her behalf, has not so furnished those particulars,the court before which the defendant is charged shall adjourn the charge pending the furnishing of those particulars or may dismiss the charge.(2) If, at the hearing of a charge for an offence referred to in subsection (1):(a) the evidence discloses behaviour or conduct that constitutes such an offence, and(b) that behaviour or conduct is different from the behaviour or conduct of which particulars have been given to the defendant under subsection (1),the court may, on the application of the defendant and if it is of the opinion that the defendant was deceived by those particulars, adjourn the hearing on such terms as it thinks fit.