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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Summary Offences (Offensive Behaviour) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--SUMMARY OFFENCES ACT 1966 3
3. New section 18 inserted 3
18. Offensive behaviour by a person in a motor vehicle
in a declared area 3
4. New sections 60AA to 60AH inserted 4
60AA. Power to serve infringement notice 4
60AB. Form of notice 4
60AC. Late payment of penalty 5
60AD. Withdrawal of notice 6
60AE. Payment expiates offence 7
60AF. Payment not to have certain consequences 7
60AG. Prosecution after service of infringement notice 7
60AH. Enforcement of infringement penalty 8
ENDNOTES 9
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PARLIAMENT OF VICTORIA
Initiated in Assembly 30 October 2002
A BILL
to amend the Summary Offences Act 1966 to create a new offence
and for other purposes.
Summary Offences (Offensive
Behaviour) Act 2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to create a new offence in the Summary
Offences Act 1966 relating to offensive
behaviour; and
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Summary Offences (Offensive Behaviour) Act 2002
Act No.
PArt 1--preliminary
s. 2
(b) to make other amendments to that Act to
provide for infringement notices.
2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day to be proclaimed.
(2) If this Act does not come into operation before the
day that is the first anniversary of the day on
which it receives the Royal Assent, it comes into
operation on that day.
__________________
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Summary Offences (Offensive Behaviour) Act 2002
Act No.
Part 2--summary offences act 1966
s. 3
PART 2--SUMMARY OFFENCES ACT 1966
3. New section 18 inserted
See: After section 17 of the Summary Offences Act
Act No.
1966 insert--
7405.
Reprint No. 7
"18. Offensive behaviour by a person in a motor
as at
6 August 1998
vehicle in a declared area
and
amending
(1) A person is guilty of an offence if--
Act Nos
44/1999,
(a) the person uses words, or makes a
74/2000,
80/2001 and gesture, while in a motor vehicle; and
84/2001.
LawToday:
(b) the person does so within the view or
www.dms.
hearing of another person in a public
dpc.vic.
gov.au
place; and
(c) the motor vehicle is (wholly or partly)
in an area declared by the Minister
under sub-section (4); and
(d) the words are likely to offend, or the
gesture is likely to offend, a reasonable
person.
(2) An offence against sub-section (1) is an
offence of strict liability.
(3) A person who is guilty of an offence against
sub-section (1) is liable to a fine not
exceeding 5 penalty units.
Note: A member of the police force may issue an
infringement notice for an offence against
sub-section (1) (see sections 60AA to 60AH).
(4) The Minister may, by notice published in the
Government Gazette, declare one or more
areas for the purposes of sub-section (1)(c) if
the Minister is satisfied that conduct contrary
to section 12 or 13 of the Prostitution
Control Act 1994 frequently occurs in the
area or areas.
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Summary Offences (Offensive Behaviour) Act 2002
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Part 2--summary offences act 1966
s. 4
(5) A declaration under sub-section (4) must
specify the particular streets or parts of
streets that are included in the area or form
its boundary.
(6) Unless sooner revoked, a declaration under
sub-section (4) expires on the day which is
the first anniversary of the day on which it
was published in the Government Gazette.".
4. New sections 60AA to 60AH inserted
After section 60 of the Summary Offences Act
1966 insert--
'60AA. Power to serve infringement notice
(1) A member of the police force may serve an
infringement notice on any person that he or
she has reason to believe has committed an
offence against section 18.
Note: Section 18 deals with offensive behaviour by a
person in a motor vehicle in a declared area.
(2) An infringement notice may be served on a
person--
(a) by delivering it personally to the
person; or
(b) by sending it by post addressed to the
person's last known place of residence
or business.
60AB. Form of notice
(1) An infringement notice must state--
(a) the date of the notice; and
(b) that section 18 of this Act creates the
offence; and
(c) the nature, and a brief description, of
the alleged offence; and
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s. 4
(d) the date, time and place of the alleged
offence; and
(e) that the amount payable (the
"infringement penalty") in respect of
the alleged offence is 1 penalty unit;
and
(f) the manner in which the infringement
penalty may be paid; and
(g) the time (which must be at least 28 days
after the date on which the notice is
served) within which the infringement
penalty must be paid; and
(h) that, if the amount of the infringement
penalty is paid before the end of that
time, the matter will not be brought
before the Magistrates' Court unless the
notice is withdrawn within 28 days
after the date on which it was served;
and
(i) that the person is entitled to disregard
the notice and defend any proceedings
in respect of the offence in the
Magistrates' Court; and
(j) any other prescribed particulars.
(2) The Governor in Council may make
regulations for or with respect to prescribing
particulars for the purposes of sub-section
(1)(j).
60AC. Late payment of penalty
A member of the police force may accept
payment of the infringement penalty even
after the time for payment stated in the
infringement notice expires if--
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s. 4
(a) neither a charge has been filed nor a
courtesy letter served under Part 2 of
Schedule 7 to the Magistrates' Court
Act 1989 in respect of the offence to
which the infringement penalty relates;
and
(b) the infringement notice has not been
withdrawn.
60AD. Withdrawal of notice
(1) A member of the police force may withdraw
an infringement notice at any time within
28 days after the date on which the notice
was served by serving a withdrawal notice
on the person served with the infringement
notice.
(2) A withdrawal notice may be served on a
person--
(a) by delivering it personally to the
person; or
(b) by sending it by post addressed to the
person's last known place of residence
or business.
(3) An infringement notice may be withdrawn
even if the infringement penalty has been
paid.
(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid
must be refunded and the Consolidated Fund
is, to the necessary extent, appropriated
accordingly.
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Summary Offences (Offensive Behaviour) Act 2002
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s. 4
60AE. Payment expiates offence
If an infringement notice is not withdrawn
and the infringement penalty is paid within
the time for payment stated in the notice or is
accepted in accordance with section 60AC,
then--
(a) the person on whom the notice was
served has expiated the offence by that
payment; and
(b) no proceedings may be taken against
that person in respect of that offence;
and
(c) no conviction is to be taken to have
been recorded against that person for
that offence.
60AF. Payment not to have certain consequences
(1) The payment of an infringement penalty is
not and must not be taken to be--
(a) an admission of guilt in relation to the
offence; or
(b) an admission of liability for the purpose
of any civil claim or proceeding arising
out of the same occurrence and the
payment does not in any way affect or
prejudice any such claim or proceeding.
(2) The payment of an infringement penalty
must not be referred to in any report
provided to a court for the purpose of
determining sentence for an offence.
60AG. Prosecution after service of infringement
notice
A charge may be filed in respect of an
offence to which an infringement notice
relates if--
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s. 4
(a) the infringement penalty has not been
paid within the time for payment stated
in the notice or in accordance with
section 60AC; or
(b) the notice is withdrawn.
60AH. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 to the Magistrates' Court Act
1989 if--
(a) the infringement notice is an
infringement notice within the meaning
of Schedule 7 to that Act; and
(b) the infringement penalty has not been
paid within the time stated in the notice
or in accordance with section 60AC;
and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in
accordance with section 60AG.'.
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Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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