{"id":"summary-offences-act-1953","name":"Summary Offences Act 1953","slug":"summary-offences-act-1953","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110358,"registerId":"sa-summary-offences-act-1953-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 16","sectionType":"part","heading":"Fortifications","content":"Part 16—Fortifications\n74BA\tInterpretation\n74BB\tFortification removal order\n74BC\tContent of fortification removal order\n74BD\tService of fortification removal order\n74BE\tRight of objection\n74BF\tProcedure on hearing of notice of objection\n74BG\tAppeal\n74BGA\tCriminal intelligence\n74BH\tWithdrawal notice\n74BI\tEnforcement\n74BJ\tHindering removal or modification of fortifications\n74BK\tLiability for damage\n74BL\tDelegation\n74BM\tApplication of Part\n","sortOrder":0},{"sectionNumber":"Part 16A","sectionType":"part","heading":"Access to data held electronically","content":"Part 16A—Access to data held electronically\n74BN\tInterpretation\n74BO\tInteraction with other Acts or laws\n74BP\tExtraterritorial operation\n74BQ\tOrder not required if information or assistance provided voluntarily\n74BR\tOrder to provide information or assistance to access data held on computer etc\n74BS\tApplication for order\n74BT\tOrder required in urgent circumstances\n74BU\tCriminal Intelligence\n74BV\tService of order\n74BW\tEffect and operation of order\n74BX\tImpeding investigation by interfering with data\n74BY\tReporting\n74BZ\tReview of Part\nPart 17—Recording of interviews\nDivision 1—Interpretation\n74C\tInterpretation\nDivision 2—Recording interviews with suspects\n74D\tObligation to record interviews with suspects\n74E\tAdmissibility of evidence of interview\nDivision 3—Recording interviews with certain vulnerable witnesses\n74EA\tApplication and interpretation\n74EB\tObligation to record interviews with certain vulnerable witnesses\n74EC\tAdmissibility of evidence of interview\nDivision 4—Miscellaneous\n74F\tProhibition on playing recordings of interviews\n74G\tNon-derogation\n74H\tRegulations\nPart 18—Arrest\n75\tPower of arrest\n76\tArrest by owner of property etc\n77\tArrest of persons pawning or selling stolen goods\n78\tPerson apprehended without warrant—how dealt with\n78A\tPower of arrest in cases of certain offences committed outside the State\n79\tArrest without warrant if warrant has been issued\n79A\tRights on arrest\n79B\tRemoval and storage of vehicle in case of arrest of driver\n80\tPower of entry and search in relation to fires and other emergencies\n81\tPower to search, examine and take particulars of persons\n82\tGeneral powers, privileges, duties etc of police\n82A\tProhibition on use of spit hoods\nPart 19—Right to an interpreter\n83A\tRight to an interpreter\nPart 20—Miscellaneous\n83B\tDangerous areas\n83BA\tOvercrowding at public venues\n83C\tSpecial powers of entry\n83D\tHigh Risk Missing Person Warrant\n85\tRegulations\nSchedule 1—General search warrant\nSchedule 2—Exempt persons—prohibited weapons\n1\tInterpretation\n2\tApplication of Schedule\nPart 2—Exemptions\n3\tPolice officers\n4\tDelivery to police\n5\tEmergencies\n6\tBusiness purposes\n7\tReligious purposes\n8\tEntertainment\n9\tSport and recreation\n10\tCeremonies\n11\tMuseums and art galleries\n12\tExecutors etc\n13\tHeirlooms\n14\tCollectors\n15\tPrescribed services organisations (RSL etc)\n16\tPossession by collector on behalf of prescribed services organisation or another collector\n17\tManufacturers etc\n18\tPossession by manufacturer etc on behalf of prescribed services organisation or another collector\n19\tPrescribed weapons—security agents\n20\tPrescribed weapons—members of Scottish associations\n21\tPrescribed weapons—lodges of Freemasons etc\n22\tPrescribed weapons—astronomical purposes\n23\tPrescribed weapons—food preparation\n24\tPrescribed weapons—NSW fisheries officers\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Summary Offences Act 1953.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nthe Commissioner means the Commissioner of Police or the person for the time being acting in the office of Commissioner of Police;\ndeclared public precinct—see section 66N(1);\ndeclared public precinct period means a period during which, in accordance with a declaration under section 66N(1), an area is a declared public precinct;\nmajor offence means—\n\t(a)\tan offence attracting a penalty or maximum penalty of life imprisonment or imprisonment for at least seven years; or\n\t(b)\tan offence against section 86A(1) of the Criminal Law Consolidation Act 1935;\nminor means a person under the age of 18 years;\nmotor vehicle has the same meaning as in the Motor Vehicles Act 1959;\nprimary production activities—the following are primary production activities:\n\t(a)\tagricultural, pastoral, horticultural, viticultural, forestry or apicultural activities;\n\t(b)\tpoultry farming, dairy farming or any business that consists of the cultivation of soils, the gathering of crops or the rearing or processing of livestock;\n\t(c)\tcommercial fishing, aquaculture or the propagation or harvesting of fish or other aquatic organisms for the purposes of aquaculture;\n\t(d)\tan activity prescribed by regulation;\nprostitute includes any male person who prostitutes his body for fee or reward;\npublic place includes—\n\t(a)\ta place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and\n\t(b)\ta place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and\n\t(c)\ta road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property;\npublic venue means a place where members of the public are gathered for an entertainment or an event or activity of any kind, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic, but does not include a church or place of public worship;\nsenior police officer means a police officer of or above the rank of inspector;\nserious and organised crime offence has the same meaning as in the Criminal Law Consolidation Act 1935;\ntelephone includes any telecommunication device for the transmission of speech;\nto tattoo means to insert into or through the skin any colouring material designed to leave a permanent mark.\n\t(2)\tIn proceedings for an offence in which the court is authorised by this Act to award damages or compensation, or to order the forfeiture of property or the doing of any act, the award or order may be made in addition to the penalty (if any) imposed by the court.\n5—Proof of lawful authority and other matters\nSubject to any provision to the contrary, where this Act provides that an act done without lawful authority, without reasonable cause, without reasonable excuse, without lawful excuse or without consent constitutes an offence, the prosecution need not prove the absence of lawful authority, reasonable cause, reasonable excuse, lawful excuse or consent, and the onus is upon the defendant to prove any such authority, cause, excuse or consent upon which he or she relies.\n","sortOrder":1},{"sectionNumber":"Part 2","sectionType":"part","heading":"Offences with respect to police operations","content":"Part 2—Offences with respect to police operations\n6—Hindering police\n\t(2)\tA person who hinders or resists a police officer in the execution of the officer's duty is guilty of an offence.\n\t(3)\tUpon convicting a person for an offence against this section, the court may order the convicted person to pay to the police officer against whom the offence was committed such sum as the court thinks just as compensation for—\n\t(a)\tdamage caused by the defendant to property belonging to the officer or to the Crown;\n\t(b)\tbodily injury caused by the defendant to the officer.\n\t(4)\tCompensation so awarded in respect of damage to property of the Crown must be paid by the police officer to the Treasurer in aid of the Consolidated Account.\nhinder includes disturb;\npolice officer includes a special constable.\n6AA—Disclosure of criminal intelligence\n\t(1)\tA person who, without lawful excuse, discloses information that has been properly classified by the Commissioner as criminal intelligence under any Act is guilty of an offence.\n\t(2)\tIt is a defence to prosecution for an offence against this section to prove that the defendant did not know, and did not have reason to believe, that the information was classified by the Commissioner as criminal intelligence under an Act.\n","sortOrder":2},{"sectionNumber":"Part 3","sectionType":"part","heading":"Offences against public order","content":"Part 3—Offences against public order\n6A—Violent disorder\n\t(1)\tIf 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.\n\t(2)\tIt is immaterial whether or not the 3 or more persons use or threaten unlawful violence simultaneously.\n\t(3)\tNo person of reasonable firmness need actually be, or be likely to be, present at the scene.\n\t(4)\tAn offence under subsection (1) may be committed in private as well as in public places.\n\t(5)\tA 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.\n\t(6)\tSubsection (5) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence.\nviolence means any violent conduct, so that—\n\t(a)\tit includes violent conduct towards property as well as violent conduct towards persons; and\n\t(b)\tit is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct.\nThrowing at, or towards, a person a missile of a kind capable of causing injury which does not hit, or falls short of, the person.\n7—Disorderly or offensive conduct or language\n\t(1)\tA person who, in a public place or a police station—\n\t(a)\tbehaves in a disorderly or offensive manner; or\n\t(b)\tfights with another person; or\n\t(c)\tuses offensive language,\n\t(2)\tA person who disturbs the public peace is guilty of an offence.\ndisorderly includes riotous;\npublic place includes, in addition to the places mentioned in section 4—\n\t(a)\ta ship or vessel (not being a naval ship or vessel) in a harbor, port, dock or river;\n\t(b)\tpremises or a part of premises in respect of which a licence is in force under the Liquor Licensing Act 1997.\n7A—Obstructing or disturbing religious services etc\n\t(1)\tA person who intentionally—\n\t(a)\tobstructs or disturbs—\n\t(i)\ta religious service; or\n\t(ii)\ta wedding or funeral (whether secular or religious); or\n\t(b)\tobstructs or disturbs persons proceeding to or from a religious service, wedding or funeral in a way that is calculated to be offensive and is related in some way to their attendance, or intention to attend, the religious service, wedding or funeral,\nreligion means any philosophy or system of belief that is generally recognised in the Australian community as being of a religious nature;\nreligious service means a lawful assembly of the adherents of any religion for the purpose of prayer or any other form of religious observance.\n8—Challenges to fight and prize fights\n\t(1)\tAny person who—\n\t(a)\tmakes or accepts, either orally or in writing, any challenge to fight for money; or\n\t(b)\tengages in a prize fight,\n\t(2)\tSubsection (1) does not apply to a contestant in a professional or public boxing or martial art event, within the meaning of the Boxing and Martial Arts Act 2000, if—\n\t(a)\tthe event is promoted by a person who is licensed or otherwise authorised to act as promoter of the event in accordance with that Act; and\n\t(b)\tthe contestants participating in the event are registered in relation to, or otherwise authorised to participate as contestants in, events of that kind under that Act.\n9A—Supply of methylated spirits\n\t(4)\tA person who supplies methylated spirits, or a liquid containing methylated spirits, knowing, or having reason to suspect, that it is intended to be drunk, is guilty of an offence.\nmethylated spirits means industrial spirit or commercial methylated spirit, that is to say, ethyl alcohol which has been denatured by the addition of methyl alcohol, benzene, pyridine or any other methylating or denaturing substance or agent.\n9B—Sale of drug paraphernalia\n\t(1)\tSubject to this section, a person who—\n\t(a)\tsells a prohibited item; or\n\t(b)\tsupplies a prohibited item in connection with the sale, or possible sale, of goods,\n\t(a)\tif the offender is a body corporate—$50 000;\n\t(b)\tif the offender is a natural person—$10 000 or imprisonment for 2 years.\n\t(a)\tsells a prohibited item to a minor; or\n\t(b)\tsupplies a prohibited item to a minor in connection with the sale, or possible sale, of goods,\n\t(a)\tif the offender is a body corporate—$100 000;\n\t(b)\tif the offender is a natural person—$20 000 or imprisonment for 2 years.\n\t(3)\tIf a body corporate commits an offence against subsection (1) or subsection (2), any director or manager of the body corporate is also guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless it is proved that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the body corporate.\n\t(4)\tA person may be prosecuted and convicted of an offence under subsection (3) whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.\n\t(5)\tIf a person is convicted of an offence against this section, any prohibited item seized as evidence of the offence may be retained by the Commissioner of Police and is forfeited to the Crown—\n\t(a)\tif an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or\n\t(b)\tif an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined.\n\t(6)\tAn item forfeited under subsection (5) may be dealt with and disposed of in such manner as the Commissioner of Police may direct.\ncocaine kit—a cocaine kit is constituted by 2 or more of the following items packaged as a unit apparently for use for the purposes of preparing for introduction, or for introducing, cocaine into the body of a person:\n\t(a)\ta razor blade;\n\t(b)\ta tube;\n\t(c)\ta mirror;\n\t(d)\ta scoop;\n\t(e)\ta glass bottle;\n\t(f)\tany other item apparently for use together with any item referred to in paragraphs (a) to (e) to prepare for introduction, or to introduce, cocaine into the body of a person;\nprohibited item means—\n\t(a)\ta water pipe; or\n\t(b)\ta prohibited pipe; or\n\t(c)\ta cocaine kit; or\n\t(d)\tan item of a kind prescribed by regulation for the purposes of this definition;\nprohibited pipe means—\n\t(a)\ta device (other than a water pipe) that is apparently intended for use or designed for use in smoking cannabis, cannabis resin or methamphetamine crystals; or\n\t(b)\tcomponents that, when assembled together, form such a device,\nand includes, without limitation, a device known as a hash pipe and a device known as an ice pipe;\nsell means—\n\t(a)\tsell, barter or exchange; or\n\t(b)\toffer or agree to sell, barter or exchange; or\n\t(c)\texpose for sale, barter or exchange; or\n\t(d)\thave in possession for sale, barter or exchange;\nsupply includes offer to supply;\nwater pipe means—\n\t(a)\ta device capable of being used for smoking by means of the drawing of smoke fumes through water or another liquid; or\n\t(b)\tcomponents that, when assembled together, form such a device; or\n\t(c)\ta device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition,\nand includes, without limitation, devices known as bongs, hookahs, narghiles, shishas and ghalyans.\n10—Offence to consume etc dogs or cats\n\t(1)\tA person who knowingly—\n\t(a)\tkills or otherwise processes a dog or cat for the purpose of human consumption; or\n\t(b)\tsupplies to another person a dog or cat (whether alive or not), or meat from a dog or cat, for the purpose of human consumption; or\n\t(c)\tconsumes meat from a dog or cat,\ncat means an animal of the species Felis catus;\ndog means an animal of the species Canis familiaris;\nmeat means the whole or part of a killed animal.\n11A—Avoiding payment of entrance fee\nA person who, knowing that a charge is made for admission to a place of public entertainment, dishonestly gains admission to the place of public entertainment without paying the admission charge is guilty of an offence.\n12—Begging alms\n\t(a)\tbegs or gathers alms in a public place; or\n\t(b)\tis in a public place for the purpose of begging or gathering alms; or\n\t(c)\tgoes from house to house begging or gathering alms; or\n\t(d)\tcauses or encourages a child to beg or gather alms in a public place, or to be in a public place for the purpose of begging or gathering alms; or\n\t(e)\texposes wounds or deformities with the object of obtaining alms,\nhouse includes a building or any separately occupied part of a building.\n13—Consorting\n\t(a)\thabitually consorts with convicted offenders (whether in this State or elsewhere); and\n\t(b)\tconsorts in this State with those convicted offenders after having been given an official warning in relation to each of those convicted offenders,\n\t(2)\tA person does not habitually consort with convicted offenders for the purposes of this section unless—\n\t(a)\tthe person consorts with at least 2 convicted offenders (whether on the same or separate occasions); and\n\t(b)\tthe person consorts with each convicted offender on at least 2 occasions.\n\t(3)\tThe following forms of consorting are to be disregarded for the purposes of this section if the defendant satisfies the court that the consorting was reasonable in the circumstances:\n\t(a)\tconsorting with family members;\n\t(b)\tconsorting that occurs in the course of lawful employment or the lawful operation of a business;\n\t(c)\tconsorting that occurs in the course of training or education;\n\t(d)\tconsorting that occurs in the course of the provision of a health service;\n\t(e)\tconsorting that occurs in the course of the provision of legal advice;\n\t(f)\tconsorting that occurs in lawful custody or in the course of complying with a court order.\nconsort means consort in person or by any other means, including by electronic or other form of communication;\nconvicted offender means a person who has been convicted of an indictable offence;\ncorresponding law means a law of the Commonwealth, another State, or a Territory that is prescribed by regulation for the purposes of this definition;\nofficial warning means—\n\t(a)\ta warning given by a police officer (orally or in writing) that—\n\t(i)\ta convicted offender is a convicted offender; and\n\t(ii)\tconsorting with a convicted offender is an offence; or\n\t(b)\ta warning or other notification given under a corresponding law.\n16—Possession of instruments for gaming or cheating\n\t(1)\tA person who, in a public place, without lawful excuse, has possession of an instrument for gaming or an instrument constructed as a means of cheating is guilty of an offence.\n\t(2)\tUpon the conviction of a person for an offence against subsection (1), the court may order that the instrument in respect of which the person was convicted be forfeited to the Crown.\ninstrument includes machine, device or contrivance.\n17—Being on premises for an unlawful purpose\n\t(a1)\tA person who has entered, or is present on, primary production premises for an unlawful purpose or without lawful excuse is guilty of an offence.\n\t(a)\twhere the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years;\n\t(b)\tin any other case—\n\t(i)\tif the offence is committed in aggravated circumstances—$10 000 or imprisonment for 12 months;\n\t(ii)\tif the offence is not committed in aggravated circumstances—$5 000 or 6 months imprisonment.\n\t(a2)\tA person commits an offence against subsection (a1) in aggravated circumstances if, while on the primary production premises, the person—\n\t(a)\tinterferes with, or attempts or intends to interfere with, primary production activities; or\n\t(b)\tis accompanied by 2 or more persons; or\n\t(c)\tdoes anything that gives rise to a serious risk to the safety of the person or any other person on the premises; or\n\t(d)\tdoes anything that—\n\t(i)\tinvolves, or gives rise to a risk of—\n\t(A)\tthe introduction, spread or increase of a disease or pest; or\n\t(B)\tthe contamination of any substance or thing; or\n\t(ii)\tgives rise to any other risk, or kind of risk, related to primary production activities prescribed by the regulations; or\n\t(e)\tintentionally causes, or is recklessly indifferent as to whether they cause, damage to an operation or activity connected to the primary production activities at the premises.\n\t(1)\tA person who has entered, or is present on, other premises for an unlawful purpose or without lawful excuse is guilty of an offence.\nWhere the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years.\nIn any other case—$2 500 or imprisonment for 6 months.\n\t(1a)\tDespite section 5, the onus of proving absence of lawful excuse in proceedings for an offence against this section lies upon the prosecution.\n\t(2)\tWhere a police officer believes on reasonable grounds that a person has entered, or is present on, premises for the purpose of committing an offence, the officer may order the person to leave the premises.\n\t(3)\tA person who fails to comply with an order under subsection (2) is guilty of an offence.\n\t(3a)\tA person found guilty of an offence against subsection (a1) committed in aggravated circumstances is liable to pay compensation to a person for injury, loss or damage to the person resulting from the offence of which the defendant has been found guilty, unless exceptional circumstances exist.\n\t(3b)\tCompensation payable under subsection (3a) will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the defendant.\nprimary production premises means premises used for the purpose of primary production activities.\n17AA—Misuse of a motor vehicle on private land\n\t(1)\tFor the purposes of this section, a person misuses a motor vehicle if the person, in a place other than a road or road related area—\n\t(a)\tdrives a motor vehicle in a race between vehicles, a vehicle speed trial, a vehicle pursuit or any competitive trial to test drivers' skills or vehicles; or\n\t(b)\toperates a motor vehicle so as to produce sustained wheel spin; or\n\t(c)\tdrives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or\n\t(d)\tdrives a motor vehicle onto an area of park or garden so as to break up the ground surface or cause other damage.\n\t(2)\tHowever, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if it occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place.\n\t(3)\tA person who misuses a motor vehicle is guilty of an offence.\nMaximum penalty: $2 500.\n\t(4)\tWhere a court convicts a person of an offence against this section, the court must, if satisfied that the offending caused damage to, or the destruction of, any property or damage to an area of park or garden or a road related area, order the convicted person to pay to the owner of the property, or the owner, occupier or person who has the care, control and management of the area, such compensation as the court thinks fit.\n\t(5)\tThe power of a court under subsection (4) is in addition to, and does not derogate from, any powers of the court under the Sentencing Act 2017.\nroad and road related area have the same meaning as in the Road Traffic Act 1961.\n17A—Trespassers on premises\n\t(a)\ta person trespasses on premises; and\n\t(b)\tthe nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier; and\n\t(c)\tthe trespasser is asked by an authorised person to leave the premises,\nthe trespasser is, if he or she fails to leave the premises forthwith or again trespasses on the premises within 24 hours of being asked to leave, guilty of an offence.\n\t(a)\tif the premises are primary production premises—$5 000 or imprisonment for 6 months;\n\t(b)\tin any other case—$2 500 or imprisonment for 6 months.\n\t(2)\tA person who, while trespassing on premises, uses offensive language or behaves in an offensive manner is guilty of an offence.\n\t(2a)\tA person who trespasses on premises must, if asked to do so by an authorised person, give his or her name and address to the authorised person.\nauthorised person, in relation to premises, means—\n\t(a)\tthe occupier, or a person acting on the authority of the occupier;\n\t(b)\twhere the premises are the premises of a school or other educational institution or belong to the Crown or an instrumentality of the Crown, the person who has the administration, control or management of the premises, or a person acting on the authority of such a person;\noccupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises;\nprimary production premises means premises used for the purpose of primary production activities.\n\t(4)\tIn proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified premises will be accepted as proved in the absence of proof to the contrary.\n17AB—Trespassers etc at private parties\n\t(1)\tIf an authorised person reasonably suspects that a person who is on premises that are being used for a private party is not entitled to be on the premises, the authorised person may require the person to produce evidence that he or she is entitled to be on the premises.\n\t(2)\tIf a person refuses or fails to produce evidence, in accordance with a requirement under subsection (1), that is satisfactory to the authorised person—\n\t(a)\tthe authorised person may advise the person that he or she is a trespasser on the premises; and\n\t(b)\ton being so advised, the person will be taken to be a trespasser on the premises for the purposes of this section and section 15A of the Criminal Law Consolidation Act 1935.\n\t(3)\tNothing in subsection (2) limits the manner in which a person may become a trespasser on premises that are being used for a private party. \n\t(4)\tIf—\n\t(a)\ta person trespasses on premises that are being used for a private party; and\n\t(b)\tthe trespasser is asked by an authorised person to leave the premises (whether the trespasser is asked individually or as a member of a group),\nthe trespasser is, if he or she fails to leave the premises immediately or again trespasses on the premises while they are being used for the private party, guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(5)\tA person who, while trespassing on premises that are being used for a private party, uses offensive language or behaves in an offensive manner is guilty of an offence.\n\t(6)\tA person who trespasses on premises that are being used for a private party must, if asked to do so by an authorised person, give his or her name and address to the authorised person.\n\t(7)\tIf—\n\t(a)\ta police officer attending at premises that are being used for a private party reasonably suspects that a person on the premises is committing an offence against this section; and\n\t(b)\tan authorised person at the premises requests the police officer to remove the person from the premises,\nthe police officer may remove the person from the premises.\n\t(8)\tIf a person is loitering in the vicinity of premises that are being used for a private party, or a group of persons is assembled in the vicinity of such premises, and a police officer believes or apprehends on reasonable grounds—\n\t(a)\tthat the person or any member of the group of persons—\n\t(i)\tis or has been behaving in a disorderly, indecent or offensive manner; or\n\t(ii)\tis or has been using offensive words; or\n\t(iii)\tin any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with—\n\t(A)\ta person seeking to attend the private party; or\n\t(B)\tthe conduct of the private party; or\n\t(b)\tthat a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group,\nthe officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require.\n\t(9)\tA person of whom a request is made under subsection (8) must leave the place and the area in the vicinity of the place in which he or she was loitering or assembled in the group.\n\t(10)\tIn proceedings for an offence against this section, an allegation in the complaint that—\n\t(a)\tspecified premises were being used for a private party on a specified date and at a specified time; or\n\t(b)\ta person named in the complaint was, on a specified date, an authorised person in relation to specified premises,\nwill be accepted as proved in the absence of proof to the contrary.\n\t(11)\tThis section is in addition to, and does not limit or derogate from, any other provision of this Act or any other law.\n\t(12)\tIn this section—\nauthorised person, in relation to premises that are being used for a private party, means—\n\t(a)\tthe occupier of the premises, or a person acting on the authority of the occupier of the premises; or\n\t(b)\ta person responsible for organising the party, or a person acting on the authority of such a person,\nbut does not include a minor;\noccupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises;\nprivate party means a party, event or celebration to which admittance is allowed by invitation only but does not include a party, event or celebration that is held—\n\t(a)\ton premises (other than residential premises) by or on behalf of a company or business; or\n\t(b)\tin a public place; or\n\t(c)\ton premises, or a part of premises, in respect of which a licence is in force under the Liquor Licensing Act 1997 (other than a short term licence granted under that Act for a term of not more than 24 hours).\n17AC—Authorised persons\n\t(1)\tAn authorised person within the meaning of section 17A or section 17AB must, at the request of a person in relation to whom the authorised person is exercising powers under either of those sections, inform the person of—\n\t(a)\tthe authorised person's name; and\n\t(b)\tthe capacity in which the person is an authorised person under the relevant section.\n\t(2)\tA person must not falsely pretend, by words or conduct, to have the powers of an authorised person under section 17A or section 17AB.\n17B—Interference with gates and fences\n\t(1)\tA person who, without the authority of the occupier of land on which animals are kept in the course of primary production—\n\t(a)\topens and leaves open a gate on or leading to the land; or\n\t(b)\tunfastens and leaves unfastened a gate on or leading to the land; or\n\t(c)\ton finding a gate on or leading to the land open, closes it and leaves it closed; or\n\t(d)\tremoves or disables a gate on or leading to the land; or\n\t(e)\tinterferes with any part of a fence on or immediately surrounding the land in a manner that—\n\t(i)\tcauses the animals to no longer be confined by the fence; or\n\t(ii)\tgives rise to a risk that the animals will no longer be confined by the fence,\nMaximum penalty: $1 500.\nExpiation fee: $375.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) to prove that the defendant's act was not intended to cause loss, annoyance or inconvenience and was not done with reckless indifference to the interests of the owner of the animals.\ngate includes a cattle grid or any moveable thing used to enclose land, including a slip panel or moveable fence. \n17C—Disturbance of farm animals\n\t(1)\tA person who, while trespassing on land on which animals are kept in the course of primary production, disturbs any animal and thus causes harm to the animal or loss or inconvenience to the owner of the animals is guilty of an offence.\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) to prove that the disturbance was not intentional and did not arise from recklessness on the part of the defendant.\n17D—Forcible entry or retention of land or premises\n\t(a)\tuses force, threats or intimidation to enter land or premises in order to expel a person who is in possession (whether lawfully or unlawfully) of the land or premises; and\n\t(b)\tdoes so otherwise than in pursuance of an order of a court or other lawful process,\n\t(a)\tenters onto land or premises unlawfully; and\n\t(b)\tretains possession of the land or premises by force or in a manner that would render the use of force the only reasonably practicable means of recovering lawful possession of the land or premises,\n18—Loitering\n\t(1)\tWhere a person is loitering in a public place or a group of persons is assembled in a public place and a police officer believes or apprehends on reasonable grounds—\n\t(a)\tthat an offence has been, or is about to be, committed by that person or by one or more of the persons in the group or by another in the vicinity; or\n\t(b)\tthat a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group; or\n\t(c)\tthat the movement of pedestrians or vehicular traffic is obstructed, or is about to be obstructed, by the presence of that person or group or of others in the vicinity; or\n\t(d)\tthat the safety of a person in the vicinity is in danger,\nthe officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require.\n\t(2)\tA person of whom a request is made under subsection (1) must leave the place and the area in the vicinity of the place in which he or she was loitering or assembled in the group.\n\t(3)\tIf a police officer has reasonable grounds to suspect that a person who is loitering in a public place is of a prescribed class, the officer may request that the person state the reason why he or she is in that place.\n\t(4)\tThe police officer must, before making the request, advise the person—\n\t(a)\tthat the request is being made under this section; and\n\t(b)\twhich prescribed class the officer believes the person belongs to.\n\t(5)\tIf, in response to a request by a police officer under subsection (3), a person of a prescribed class refuses or fails to state a satisfactory reason for being in that place, the person is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 3 months. \n\t(6)\tA person is of a prescribed class for the purposes of this section if the person is—\n\t(a)\ta person who has been found guilty of, or who is reasonably suspected of having committed, a serious and organised crime offence; or\n\t(b)\ta prescribed drug offender within the meaning of the Criminal Assets Confiscation Act 2005; or\n\t(c)\ta person who is subject to a firearms prohibition order under Part 8 of the Firearms Act 2015; or\n\t(d)\ta person who is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or\n\t(e)\ta person who is subject to a weapons prohibition order under Part 3A; or\n\t(f)\ta person who is subject to a consorting prohibition notice under Part 14A; or\n\t(g)\ta person who is subject to a non‑association or place restriction order under Part 4 Division 5 of the Summary Procedure Act 1921; or\n\t(h)\ta person who is subject to a paedophile restraining order under Part 4 Division 7 of the Summary Procedure Act 1921; or\n\t(i)\ta person of a class prescribed by regulation.\n\t(7)\tFor the purposes of subsection (6), a person may belong to a prescribed class by virtue of an offence committed, an order made or a notice issued before or after the commencement of that subsection.\n\t(8)\tIn any proceedings for an offence under subsection (5)—\n\t(a)\tan apparently genuine document purporting to be signed by the Commissioner and to certify that at a specified time a weapons prohibition order or a consorting prohibition notice applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified; and\n\t(b)\tan apparently genuine document purporting to be signed by the Registrar of Firearms and to certify that at a specified time a firearms prohibition order applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified.\n18A—Public meetings\n\t(1)\tA person who, in, at or near a place where a public meeting is being held—\n\t(a)\tbehaves in a disorderly, indecent, offensive, threatening or insulting manner; or\n\t(b)\tuses threatening, abusive or insulting words; or\n\t(c)\tin any way, except by lawful authority or on some other lawful ground, obstructs or interferes with—\n\t(i)\ta person seeking to attend the meeting; or\n\t(ii)\tany of the proceedings at the meeting; or\n\t(iii)\ta person presiding at the meeting in the organisation or conduct of the meeting,\n\t(2)\tWhere, in the opinion of the person presiding at a public meeting, a person in, at or near the place at which the meeting is being held—\n\t(a)\tis or has been behaving in a disorderly, indecent, offensive, threatening or insulting manner; or\n\t(b)\tis or has been using threatening, abusive or insulting words; or\n\t(c)\tin any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with—\n\t(i)\ta person seeking to attend the meeting; or\n\t(ii)\tany of the proceedings at the meeting; or\n\t(iii)\ta person presiding at the meeting in the organisation or conduct of the meeting,\nthe person presiding may request a police officer, or the police generally, to remove that person from the place or the area in the vicinity of the place.\n\t(3)\tA request made under subsection (2) must be complied with by a police officer present or attending at the place at which the meeting is being held.\nperson presiding, in relation to a public meeting, includes any person officiating at, or with responsibility for the organisation or conduct of, the meeting;\nplace means any place whether or not a hall, building or room;\npublic meeting includes any political, religious, social or other meeting, congregation or gathering that the public or a section of the public are permitted to attend, whether on payment or otherwise.\n20—Permitting drunkenness and disorderly conduct\n\t(1)\tA person who keeps premises where provisions or refreshments are sold or consumed and who knowingly permits drunkenness or disorderly conduct to take place on those premises is guilty of an offence.\npremises includes a shop, restaurant or other premises to which the public are admitted.\n21—Permitting premises to be frequented by thieves etc\n\t(a)\tis the occupier of premises frequented by reputed thieves, prostitutes, persons without lawful means of support or persons of notoriously bad character; or\n\t(b)\tis, without reasonable excuse, in premises frequented by any such persons,\n\t(2)\tIn a prosecution under this section, it is not necessary for the prosecutor to prove that the defendant knew that the persons frequenting the premises were reputed thieves, prostitutes, persons without lawful means of support or persons of notoriously bad character, but it is a defence that the defendant did not know and could not, by the exercise of reasonable diligence, have ascertained that the persons frequenting the premises were such persons.\n21AA—Publishing material depicting offence etc\n\t(1)\tA person commits an offence against this section if—\n\t(a)\tthe person publishes material depicting conduct constituting, or apparently constituting, a prescribed offence; and\n\t(b)\tthe person publishes the material with the intention of—\n\t(i)\tencouraging, glorifying or promoting the conduct; or\n\t(ii)\tincreasing the person's notoriety, or another person's notoriety, because of their involvement in the conduct.\n\t(2)\tA penalty imposed under this section must not exceed the maximum penalty that may be imposed for the relevant prescribed offence or, if the relevant prescribed offence is an offence against the law of another jurisdiction, the maximum penalty that may be imposed for the equivalent prescribed offence in this State.\n\t(3)\tA person may be charged with an offence against this section whether or not the person, or any other person, has been, or is to be, charged with the prescribed offence to which the offence against this section relates.\n\t(4)\tA person does not contravene subsection (1) if the publication of the material was for a legitimate public purpose.\n\t(5)\tFor the purposes of subsection (4), the publication of material will only be taken to be for a legitimate public purpose if the publication was in the public interest having regard to the following:\n\t(a)\twhether the publication was for the purpose of educating or informing the public;\n\t(b)\twhether the publication was for the purpose of making or publishing a fair and accurate report of any event or matter of public interest;\n\t(c)\twhether the publication was for the purpose of a work of artistic merit;\n\t(d)\twhether the publication was for a purpose connected to law enforcement or public safety;\n\t(e)\twhether the publication was for a medical, legal or scientific purpose;\n\t(f)\tany other factor prescribed by the regulations.\n\t(6)\tIt is a defence to a charge of an offence against subsection (1) for the defendant to prove that the conduct depicted did not constitute a prescribed offence.\n\t(a)\tany photographic, electronic or other information or data from which an image or representation may be produced or reproduced; and\n\t(b)\tany audio, video or other recording from which an image or sound may be produced or reproduced,\nbut does not include a publication, film or computer game that has been classified within the meaning of the Classification (Publications, Films and Computer Games) Act 1995;\n\t(a)\tan offence involving driving or operating a vehicle or vessel; or\n\t(b)\tan offence involving the use of, or the threat of using, violence; or\n\t(c)\tan offence involving a weapon; or\n\t(d)\tan offence involving interference with, damage to, or destruction of, property; or\n\t(e)\ttheft or an offence of which theft is an element; or\n\t(f)\tcriminal trespass or an offence of which trespass is an element; or\n\t(g)\tan offence, or offence of a class, declared by the regulations to be a prescribed offence; or\n\t(h)\tan offence against the law of another jurisdiction that would, if committed in this State, constitute an offence prescribed by a preceding paragraph,\nbut does not include an offence, or offence of a class, declared by the regulations to be excluded from the ambit of this definition;\npublish means publish by electronic means and includes posting, uploading or sharing material via the Internet or on a social media platform or other electronic platform.\n","sortOrder":3},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Weapons etc","content":"Part 3A—Weapons etc\n21A—Interpretation\nbody armour means a protective jacket, vest or other article of apparel designed to resist the penetration of a projectile discharged from a firearm;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ndangerous article means an article or thing declared by regulation to be a dangerous article for the purposes of this Part;\ndirect sales transaction, in respect of a knife, means a transaction for the sale of a knife in which—\n\t(a)\tthe knife is ordered by the purchaser by mail, telephone, facsimile transmission or internet or other electronic communication; and\n\t(b)\tthe knife is—\n\t(i)\tdelivered to the purchaser, or a person nominated by the purchaser, at the residence or place of business of the purchaser or to some other place nominated by the purchaser; or\n\t(ii)\tpicked up by or on behalf of the purchaser from premises occupied or specified by the seller of the knife;\nDistrict Court means the Administrative and Disciplinary Division of the District Court;\neducation facility means—\n\t(a)\tan early childhood education facility or childcare centre;\n\t(b)\ta preschool or kindergarten;\n\t(c)\ta primary or secondary school;\n\t(d)\ta place at which an approved learning program (within the meaning of the Education and Children's Services Act 2019) is undertaken;\n\t(e)\ta university, TAFE SA campus or other tertiary education facility;\nimplement of housebreaking includes a picklock key, crowbar, jack, bit or other implement of housebreaking;\nknife includes a blade (for example a knife blade or razor blade);\nlicensed premises means premises licensed under the Liquor Licensing Act 1997;\nnight means the interval between 9 pm on one day and 6 am on the next day;\noffence of violence means an offence where the offender—\n\t(a)\tuses a weapon, or threatens to use a weapon, against another; or\n\t(b)\tinflicts serious harm on another, or threatens to inflict serious harm on another,\nfor the purpose of committing the offence, or escaping from the scene of the offence;\noffensive weapon includes a rifle, gun, pistol, knife, club, bludgeon, truncheon or other offensive or lethal weapon or instrument but does not include a prohibited weapon;\nprohibited weapon means an article or thing declared by regulation to be a prohibited weapon for the purposes of this Part;\nsuitable for combat, in relation to a knife, means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury;\nviolent behaviour means an unlawful act inflicting injury on a person or causing a person to fear injury.\n\t(2)\tFor the purposes of this Part, a person will be taken to be carrying a weapon or article if he or she has the weapon or article on or about his or her person or if it is under his or her immediate control.\n21B—Body armour\n\t(1)\tA person who, without the approval in writing of the Commissioner—\n\t(a)\tmanufactures, sells, distributes, supplies or otherwise deals in, body armour; or\n\t(b)\tuses or has possession of body armour,\n\t(2)\tThe Commissioner may, subject to such conditions and limitations as the Commissioner thinks fit, give an approval to a person or a class of persons for the purposes of subsection (1) and may revoke an approval or revoke or vary the conditions or limitations under which an approval operates.\n\t(3)\tThe giving or a variation or revocation of an approval that applies to a class of persons must be notified in the Gazette.\n21C—Offensive weapons and dangerous articles etc\n\t(1)\tA person who, without lawful excuse—\n\t(a)\tcarries an offensive weapon or an article of disguise; or\n\t(b)\thas possession of an implement of housebreaking,\nMaximum penalty: $2 500 or imprisonment for 6 months.\n\t(2)\tA person who, without lawful excuse—\n\t(a)\tmanufactures, sells, distributes, supplies, or otherwise deals in, dangerous articles; or\n\t(b)\tuses or has possession of a dangerous article,\nMaximum penalty: $7 500 or imprisonment for 18 months.\n\t(3)\tA person who, without lawful excuse, carries an offensive weapon or dangerous article at night while in, or while apparently attempting to enter or leave—\n\t(a)\tlicensed premises; or\n\t(b)\ta carparking area specifically or primarily provided for the use of patrons of the licensed premises,\n\t(4)\tIt is a defence to prosecution for an offence against subsection (3) to prove that—\n\t(a)\tif the charge relates to the defendant's being in, or apparently attempting to enter or leave, licensed premises—the defendant did not know and had no reason to believe that the premises were premises of a kind where liquor was sold or supplied; or\n\t(b)\tif the charge relates to the defendant's being in, or apparently attempting to enter or leave, a carparking area specifically or primarily provided for the use of patrons of the licensed premises—the defendant did not know and had no reason to believe that the area was such a carparking area.\n\t(5)\tIf on the trial of a person for an offence against subsection (3) the court is not satisfied that the person is guilty of the offence charged, but is satisfied that the person is guilty of an offence against subsection (1) or (2), the court may find the person guilty of the offence against subsection (1) or (2).\n\t(6)\tA person (being a person who is otherwise entitled to do so) must not use or have possession of a dangerous article unless he or she does so in a safe and secure manner.\nMaximum penalty: $1 250 or imprisonment for 3 months.\n\t(7)\tA person who, without lawful excuse—\n\t(a)\tuses an offensive weapon; or\n\t(b)\tcarries an offensive weapon that is visible,\nin the presence of any person in an education facility, place of worship or public place 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.\n\t(8)\tFor the purposes of an offence against subsection (7), no person of reasonable firmness need actually be, or be likely to be, present at the scene.\n\t(9)\tIf on the trial of a person for an offence against subsection (7), the court is not satisfied that the person is guilty of the offence charged, but is satisfied that the person is guilty of an offence against subsection (1)(a), the court may find the person guilty of the offence against subsection (1)(a).\n21D—Unlawful selling or marketing of knives\n\t(1)\tA person who sells a knife to a minor is guilty of an offence.\n\t(2)\tIt is a defence to prosecution for an offence against subsection (1) to prove that—\n\t(a)\tthe seller requested the minor to produce evidence of age of a kind prescribed by regulation; and\n\t(b)\tthe minor made a false statement or produced false evidence in response to that request; and\n\t(c)\tin consequence, the seller reasonably believed that the minor was of or above the age of 18 years.\n\t(3)\tA person who makes a false statement or produces false evidence in response to a request by a seller made in accordance with subsection (2)(a) is guilty of an offence.\n\t(4)\tA person who markets a knife in a way that—\n\t(a)\tindicates, or suggests, that the knife is suitable for combat; or\n\t(b)\tis otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon,\n\t(5)\tFor the purposes of this section, an indication or suggestion that a knife is suitable for combat may (without limitation) be given or made by a name or description—\n\t(a)\tapplied to the knife; or\n\t(b)\ton the knife or on any packaging in which it is contained; or\n\t(c)\tincluded in any advertisement which, expressly or by implication, relates to the knife.\n\t(6)\tFor the purposes of this section, a person markets a knife if the person—\n\t(a)\tsells or hires the knife; or\n\t(b)\toffers, or exposes, the knife for sale or hire; or\n\t(c)\thas possession of the knife for the purpose of sale or hire. \n21DA—Supplying knives to minors that are used in offence\n\t(1)\tA person is guilty of an offence if—\n\t(a)\tthe person supplies a knife to a minor; and\n\t(b)\tthe person knew, or ought reasonably to have known, that the minor intended or was likely to use the knife in the commission of a serious offence of violence.\nMaximum penalty: $35 000 or imprisonment for 4 years.\n\t(2)\tA person is guilty of an offence if—\n\t(a)\tthe person supplies a knife to a minor; and\n\t(b)\tthe person knew, or ought reasonably to have known, that the minor intended or was likely to use the knife in the commission of an offence against section 21E.\nMaximum penalty: $10 000 or imprisonment for 6 months.\nharm and serious harm have the same meanings as in Part 3 Division 7A of the Criminal Law Consolidation Act 1935;\nserious offence of violence means—\n\t(a)\tan offence against the Criminal Law Consolidation Act 1935 in which harm, serious harm or death is caused to a victim (whether caused by the use of a knife or otherwise); or\n\t(b)\tan attempt to commit, or an assault with intent to commit, an offence referred to in paragraph (a) (being an offence which, if completed, would be reasonably likely to result in harm, serious harm or death being caused to a victim); or\n\t(c)\tan offence against a law of the Commonwealth, or another State or Territory, corresponding to an offence referred to in a preceding paragraph.\n21DB—Certain notices to be displayed where knives sold by retail sale\n\t(1)\tA person must not sell knives from retail premises unless the following notices are displayed in accordance with this section:\n\t(a)\ta prohibition notice;\n\t(b)\tany other notice prescribed by the regulations.\n\t(2)\tA prohibition notice must be displayed, in a manner likely to be seen by customers in the retail premises—\n\t(a)\tat each point of sale in the retail premises; or\n\t(b)\tat each area in the retail premises in which knives are displayed for sale.\n\t(3)\tA notice referred to in subsection (1)(b) must be displayed in the retail premises in accordance with any requirements set out in the regulations.\n\t(4)\tA person must not sell knives by direct sales transaction (being a transaction in which the knife is to be delivered to or picked up from an address in this State) unless—\n\t(a)\tin the case of a direct sales transaction taking place over the Internet or using a website (however described)—the information prescribed by the regulations is, in accordance with any requirements set out in the regulations, published on the website through which the transaction occurred; or\n\t(b)\tin any other case—the information prescribed by the regulations is given to the purchaser in accordance with any requirements set out in the regulations.\n\t(5)\tIt is a defence to prosecution for an offence against subsection (4) to prove that the defendant did not know, and could not reasonably have been expected to have known, that the knife was to be delivered to or picked up from an address in this State.\npoint of sale means a cash register, counter or similar fixture where sales transactions take place;\nprohibition notice means a notice containing the information prescribed by the regulations;\nretail premises includes—\n\t(a)\ta market stall; or\n\t(b)\ta temporary or pop‑up shop (however described); or\n\t(c)\tany other premises or place, or premises or places of a class, prescribed by the regulations.\nEditorial note—\nSection 21DB had not come into operation at the date of the publication of this version.\n21DC—Certain knives to be kept secured in retail premises\n\t(1)\tA person selling knives from retail premises must ensure that any prescribed knives stored in a part of the retail premises to which members of the public are permitted access are—\n\t(a)\tkept in a securely locked cabinet or container; or\n\t(b)\tsecurely tethered; or\n\t(c)\tsecured in any other manner prescribed by the regulations,\nsuch that members of the public are not able to gain access to the knives without the assistance of the person or an agent or employee of the person.\n\t(2)\tHowever, subsection (1) does not apply during an inspection of a prescribed knife by a prospective purchaser.\nretail premises includes—\n\t(a)\ta market stall; or\n\t(b)\ta temporary or pop‑up shop (however described); or\n\t(c)\tany other premises or place, or premises or places of a class, prescribed by the regulations.\nEditorial note—\nSection 21DC had not come into operation at the date of the publication of this version.\n21E—Knives in education facilities, places of worship and public places\nA person who, without lawful excuse, has possession of a knife in an education facility, place of worship or public place is guilty of an offence.\n\t(a)\tfor a first offence—$2 500 or imprisonment for 6 months;\n\t(b)\tfor a subsequent offence—$5 000 or imprisonment for 12 months.\n21F—Prohibited weapons\n\t(a)\tmanufactures, sells, distributes, supplies or otherwise deals in, prohibited weapons; or\n\t(b)\tuses or has possession of a prohibited weapon,\n\t(2)\tIt is a defence to prosecution for an offence against subsection (1) to prove that the defendant was, in accordance with—\n\t(a)\tSchedule 2; or\n\t(b)\ta declaration made by the Minister under subsection (3),\nan exempt person in the circumstances of the alleged offence.\n\t(3)\tThe Minister—\n\t(a)\tmay declare a person or a class of persons to be exempt from subsection (1) in the circumstances specified in the declaration; and\n\t(b)\tmay, on the Minister's own initiative, vary or revoke such a declaration.\n\t(4)\tThe declaration by the Minister under subsection (3) may be conditional or unconditional.\n\t(4a)\tA declaration made by the Minister under subsection (3) in respect of a class of persons—\n\t(a)\tmust be notified in the Gazette; and\n\t(b)\thas effect for the period specified in the declaration (being a period not exceeding 1 month); and\n\t(c)\thas effect despite any provision of Schedule 2.\n\t(4b)\tA variation or revocation of a declaration under subsection (3) is of no effect unless—\n\t(a)\tin the case of a variation or revocation of a declaration in respect of a person—the person has been given notice of the variation or revocation; or\n\t(b)\tin the case of a variation or revocation of a declaration in respect of a class of persons—the variation or revocation is notified in the Gazette.\n\t(5)\tAn application to the Minister for a declaration must be—\n\t(a)\tin a form approved by the Minister; and\n\t(b)\taccompanied by the fee prescribed by regulation.\n\t(6)\tThe Minister must not make a decision on an application for a declaration unless he or she has consulted with the Commissioner.\n\t(7)\tA person aggrieved by a decision of the Minister to vary or revoke a declaration may appeal against the variation or revocation to the District Court.\n\t(8)\tThe Minister may delegate his or her powers under this section to any person or body.\n\t(9)\tA delegation under subsection (8)—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tdoes not derogate from the Minister's ability to exercise the power under this section; and\n\t(d)\tis revocable at will by the Minister.\n\t(10)\tIf the Minister has not given the person reasons in writing for making the decision appealed against, the Minister must do so on request made within 28 days after the person received notice of the decision.\n\t(11)\tIf a decision was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.\n\t(12)\tAn appeal under this section must be made—\n\t(a)\twithin 28 days after the person received notice of the decision appealed against; or\n\t(b)\tif a request for reasons in writing is made under subsection (10)—within 28 days after the person received the reasons in writing.\n\t(13)\tOn an appeal under this section, the Court—\n\t(a)\tmust, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent.\n\t(14)\tA person (being a person who is otherwise entitled to do so) must not use or have possession of a prohibited weapon unless he or she does so in a safe and secure manner.\n21G—Information relating to knife related injuries\n\t(1)\tIf a medical practitioner or a registered or enrolled nurse has reasonable cause to suspect in relation to a person who he or she has seen in his or her professional capacity that the person is suffering from a wound inflicted by a knife, the medical practitioner or nurse must, as soon as practicable after forming the suspicion, make a report to the prescribed person or body containing—\n\t(a)\tdetails of the wound; and\n\t(b)\tany information provided to the practitioner or nurse about the circumstances leading to the infliction of the wound (other than information tending to identify the person).\n\t(2)\tSubsection (1) does not apply if, in the opinion of the medical practitioner or the nurse, the injuries are not serious and the medical practitioner or nurse believes on reasonable grounds that the injuries were accidental.\n\t(3)\tA person incurs no civil or criminal liability in taking action in good faith in compliance, or purported compliance, with this section.\nenrolled nurse means a person registered under the Health Practitioner Regulation National Law—\n\t(b)\tin the enrolled nurses division of that profession;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nregistered nurse means a person registered under the Health Practitioner Regulation National Law—\n\t(b)\tin the registered nurses division of that profession.\n21H—Weapons prohibition order issued by Commissioner\n\t(1)\tThe Commissioner may issue a weapons prohibition order against a person if satisfied that—\n\t(a)\tthe person has (whether before or after the commencement of this section)—\n\t(i)\tbeen found guilty of an offence of violence; or\n\t(ii)\tbeen declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935 by a court dealing with a charge of an offence of violence; and\n\t(b)\tpossession of a prohibited weapon by the person would be likely to result in undue danger to life or property; and\n\t(c)\tit is in the public interest to prohibit the person from possessing and using a prohibited weapon.\n\t(2)\tA weapons prohibition order must be served on the person personally and is not binding on the person until it has been so served.\n\t(3)\tIf the Commissioner proposes to issue a weapons prohibition order against a person, a police officer may—\n\t(a)\trequire the person to remain at a particular place while the order is prepared and issued so that the order may be served on the person; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for—\n\t(i)\tso long as may be necessary for the order to be served on the person; or\n\t(ii)\t2 hours,\nwhichever is the lesser.\n\t(4)\tA weapons prohibition order served on a person must be accompanied by a notice—\n\t(a)\tsetting out the Commissioner's reasons for issuing the order; and\n\t(b)\tsetting out the terms and the effect of the order; and\n\t(c)\tstating that the person may, within 28 days, appeal to the District Court against the order.\n\t(5)\tIf the decision to issue the order was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.\n\t(6)\tSubject to subsection (7), a weapons prohibition order issued against a person remains in force for a period of 3 years from the date on which it was served on the person or for such lesser period as may be specified in the order.\n\t(7)\tThe Commissioner may, on his or her own initiative or on application, by notice in writing served personally or by post on a person, revoke a weapons prohibition order issued against the person.\n\t(8)\tFor the avoidance of doubt, the fact that a weapons prohibition order issued against a person has ceased to be in force in accordance with subsection (6), or has been revoked in accordance with subsection (7), does not prevent the Commissioner from issuing a subsequent weapons prohibition order against the person in accordance with this section.\n21I—Effect of weapons prohibition order\n\t(1)\tA person to whom a weapons prohibition order applies is disqualified from obtaining an exemption under section 21F.\n\t(2)\tWhile a weapons prohibition order applies to a person—\n\t(a)\tany exemption under Schedule 2 does not apply in relation to the person unless the Schedule expressly provides that it will apply to such a person; and\n\t(b)\tany exemption held by the person under section 21F is suspended.\n\t(3)\tA person to whom a weapons prohibition order applies must not manufacture, sell, distribute, supply, deal with, use or possess a prohibited weapon.\nMaximum penalty: $35 000 or imprisonment for 4 years.\n\t(4)\tA person to whom a weapons prohibition order applies—\n\t(a)\tmust not be present at—\n\t(i)\ta place at which a person carries on the business of manufacturing, repairing, modifying or testing prohibited weapons or buying, selling or hiring out, prohibited weapons; or\n\t(ii)\tany other place of a kind prescribed by regulation; and\n\t(b)\tmust not be in the company of a person who has a prohibited weapon on or about his or her person or under his or her immediate physical control.\n\t(5)\tIt is a defence to prosecution for an offence against subsection (4)(a) to prove that the person did not know, and could not reasonably be expected to have known, that the place was a place of a kind referred to in that paragraph.\n\t(6)\tIt is a defence to prosecution for an offence against subsection (4)(b) to prove that the person did not know, and could not reasonably be expected to have known, that the other person had a prohibited weapon on or about his or her person or under his or her immediate physical control.\n\t(7)\tA person to whom a weapons prohibition order applies must—\n\t(a)\tas soon as reasonably practicable after becoming aware of the presence of a prohibited weapon on premises at which the person resides, notify the Commissioner of that fact in the manner (if any) prescribed by the regulations; and\n\t(b)\tcomply with—\n\t(i)\ta direction of the Commissioner, given in response to that notification, that the person must not reside at the premises; or \n\t(ii)\tany other direction of the Commissioner, given in response to that notification, in relation to the weapon.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(8)\tA person must not supply a prohibited weapon to a person to whom a weapons prohibition order applies or permit such a person to gain possession of a prohibited weapon.\nMaximum penalty: $35 000 or imprisonment for 4 years.\n\t(9)\tIt is a defence to prosecution for an offence against subsection (8) to prove that the person did not know, and could not reasonably be expected to have known, that a weapons prohibition order applies to the person.\n\t(10)\tFor the purposes of this section, if a person to whom a weapons prohibition order applies—\n\t(a)\tis on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) when a prohibited weapon is on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft; or\n\t(b)\twas on or in premises or a vehicle, vessel or aircraft (other than any premises, vehicle, vessel or aircraft to which the public are admitted) immediately before a prohibited weapon was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft,\nthe person will be taken to possess the prohibited weapon unless it is proved that—\n\t(c)\tthe person has notified the Commissioner of the presence of the weapon in accordance with subsection (7); or\n\t(d)\tthe person did not know, and could not reasonably be expected to have known, that the weapon was on or in, or in the immediate vicinity of, the premises, vehicle, vessel or aircraft.\n\t(11)\tThe Commissioner may exempt a person, unconditionally or subject to conditions, from a specified provision of this section and may vary or revoke an exemption by notice in writing served personally or by registered post on the holder of the exemption.\n21J—Right of appeal to District Court\n\t(1)\tA person aggrieved by a decision of the Commissioner—\n\t(a)\tto issue a weapons prohibition order under section 21H; or\n\t(b)\tto vary or revoke an exemption under section 21I(11),\nmay appeal against the decision to the District Court.\n\t(2)\tIf the Commissioner has not given the person reasons in writing for making the decision appealed against, the Commissioner must do so on request made within 28 days after the person received notice of the decision.\n\t(3)\tIf a decision was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds.\n\t(4)\tAn appeal under this section must be made—\n\t(a)\twithin 28 days after the person received notice of the decision appealed against; or\n\t(b)\tif a request for reasons in writing is made under subsection (2)—within 28 days after the person received the reasons in writing.\n\t(5)\tOn an appeal under this section, the Court—\n\t(a)\tmust, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent.\n21K—Reports relating to weapons prohibition orders\nThe following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):\n\t(a)\tthe number of weapons prohibition orders issued under section 21H;\n\t(b)\tthe number of weapons prohibition orders revoked under section 21H;\n\t(c)\tthe number of appeals under section 21J and the outcome of each appeal that has been completed or finally determined;\n\t(d)\tany other information requested by the Minister.\n21L—Power to search for prohibited weapons\n\t(1)\tA police officer may, as reasonably required for the purpose of ensuring compliance with a weapons prohibition order issued by the Commissioner—\n\t(a)\tdetain a person to whom this subsection applies and search the person for prohibited weapons; and\n\t(b)\tstop and detain a vehicle, vessel or aircraft to which this subsection applies and search the vehicle, vessel or aircraft for prohibited weapons; and\n\t(c)\tenter premises to which this subsection applies and search the premises for prohibited weapons.\n\t(2)\tSubsection (1) applies—\n\t(a)\tto a person who a police officer suspects on reasonable grounds is a person to whom a weapons prohibition order issued by the Commissioner applies; and\n\t(b)\tto a vehicle, vessel or aircraft that a police officer suspects on reasonable grounds is in the charge of a person to whom the subsection applies; and\n\t(c)\tto premises that a police officer suspects on reasonable grounds are occupied by, or under the care, control or management of, a person—\n\t(i)\twho the police officer suspects on reasonable grounds of contravening a weapons prohibition order; or\n\t(ii)\twho has previously contravened a weapons prohibition order.\n\t(3)\tIf a prohibited weapon is delivered or seized under this section, it must be forwarded immediately to the Commissioner.\n21M—Forfeiture\nA court that has convicted a person of an offence against this Part may order that the weapon, implement or article in relation to which the offence was committed be forfeited to the Crown.\n21N—General amnesty\n\t(1)\tThe Commissioner may, with the approval of the Minister, from time to time declare a general amnesty from 1 or more of the provisions of this Part.\n\t(2)\tAn amnesty—\n\t(a)\tmust be declared by notice in the Gazette and in a newspaper circulating generally throughout the State; and\n\t(b)\tapplies in relation to the provision or provisions of this Part specified in the notice, either generally or subject to limitations specified in the notice (the relevant provisions); and\n\t(c)\tapplies for the period specified in the notice; and\n\t(d)\tapplies for the benefit of all members of the class or classes of persons affected by the relevant provisions; and\n\t(e)\tis subject to the terms and conditions (if any) set out in the notice.\n\t(3)\tThe Commissioner may, with the approval of the Minister, vary or revoke the declaration of an amnesty under subsection (1) by notice in the Gazette and in a newspaper circulating generally throughout the State.\n21O—Regulations\nRegulations made for the purposes of this Part may, without limitation—\n\t(a)\tprescribe circumstances in which a person will be taken to have a lawful excuse in relation to an act or omission referred to in section 21C or 21E; and\n\t(b)\tprovide that this Part or specified provisions of this Part do not apply to a specified class of persons; and\n\t(c)\tprovide that this Part or specified provisions of this Part do not apply to a specified class of weapon, implement or article; and\n\t(d)\tprescribe evidentiary provisions to facilitate proof of an offence against this Part.\n","sortOrder":4},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Liquor etc","content":"Part 3B—Liquor etc\n21OA—Interpretation\ndesignated area means an area of land designated by the Minister under section 21OD;\nliquor has the same meaning as in the Liquor Licensing Act 1997;\nprescribed area means—\n\t(a)\tan area comprised of a public place or public places specified in a notice under section 131 of the Liquor Licensing Act 1997; or\n\t(b)\tTrust Land within the meaning of the Aboriginal Lands Trust Act 2013; or\n\t(c)\t\"the lands\" within the meaning of the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981; or\n\t(d)\t\"the lands\" within the meaning of the Maralinga Tjarutja Land Rights Act 1984;\nsale includes—\n\t(a)\tbarter or exchange; or\n\t(b)\toffer or expose for sale, barter or exchange; or\n\t(c)\tsupply, or offer to supply, in circumstances in which the supplier derives, or would derive, a direct or indirect pecuniary benefit; or\n\t(d)\tsupply, or offer to supply, gratuitously but with a view to gaining or maintaining custom, or otherwise with a view to commercial gain.\n21OB—Possession, transportation of liquor for sale\n\t(1)\tA person must not—\n\t(a)\thave possession of liquor for the purpose of sale; or\n\t(b)\ttransport liquor for the purpose of sale; or\n\t(c)\ttransport liquor, for the purpose of sale, to a place other than a place at or on which liquor may lawfully be sold.\n\t(2)\tIf liquor is possessed or transported by a person in contravention of subsection (1) and is so possessed or transported on behalf of another person, that other person is guilty of an offence.\n\t(3)\tIf liquor is possessed or transported by a person in contravention of subsection (1) (the first person), a person who—\n\t(a)\twould derive a direct or indirect commercial benefit from the sale of the liquor (if the sale were to occur); and\n\t(b)\tknew, or ought reasonably to have known, that the first person was in possession of or transporting the liquor for the purpose of sale,\n\t(4)\tSubsections (1) and (2) do not apply to the possession or transportation of liquor for the purpose of a sale that may lawfully be made.\n\t(5)\tIt is a defence to a prosecution for an offence against subsection (3) for the person to prove that the person believed on reasonable grounds that the liquor was possessed or transported by the first person for the purpose of a sale that may lawfully be made.\n\t(6)\tIf, in proceedings for an offence against subsection (1) or (2), it is proved that the amount of liquor possessed or transported exceeds the prescribed amount, it is presumed, in the absence of proof to the contrary, that the liquor was possessed or transported (as the case requires) for the purpose of sale.\n\t(7)\tA regulation for the purposes of subsection (6) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply.\n21OC—Supply etc of liquor in certain areas\n\t(1)\tIf—\n\t(a)\ta person (the first person)—\n\t(i)\tsupplies liquor to another person (the third person); or\n\t(ii)\ttransports liquor intending to supply any of it, or believing that another person intends to supply any of it, to the third person; or\n\t(iii)\tpossesses liquor intending to supply any of it to the third person; and\n\t(b)\tthe third person is in a prescribed area,\nthe first person is guilty of an offence.\n\t(1a)\tHowever, a person will not be guilty of an offence against subsection (1) if 1 or more of the following circumstances apply:\n\t(a)\tthe consumption or possession (or both) of liquor by the third person in the prescribed area is not prohibited under another Act or law;\n\t(b)\tthe consumption or possession (or both) of liquor by the third person is not prohibited under another Act or law—\n\t(i)\tin the case of an offence against subsection (1)(a)(i)—in the part of the prescribed area in which the supply of liquor takes place; or\n\t(ii)\tin the case of an offence against subsection (1)(a)(ii) or (1)(a)(iii)—in the part of the prescribed area in which the supply of liquor is intended to take place;\n\t(c)\tunder another Act or law, the third person is a person, or belongs to a class of persons, who, in the circumstances, is exempt from a prohibition on the consumption or possession (or both) of liquor that would otherwise apply to the person in the prescribed area.\n\t(2)\tIf, in proceedings for an offence against subsection (1), it is proved that a person possessed or transported more than the prescribed amount of liquor in a designated area, it is presumed, in the absence of proof to the contrary, that the person possessed or transported (as the case requires) the liquor intending to supply it to a third person.\n\t(3)\tA regulation for the purposes of subsection (2) may vary according to the area, circumstances or any other specified factor to which the regulation is expressed to apply.\n21OD—Designated areas\n\t(1)\tThe Minister may, by notice published in the Gazette, designate an area of land as a designated area for the purposes of this Part.\n\t(2)\tThe Minister may, by further notice published in the Gazette, vary or revoke a notice published under subsection (1).\n\t(3)\tA notice under subsection (1) or (2) can only include within a designated area land that is within 20 km of a boundary of a relevant prescribed area.\n\t(4)\tA notice under subsection (1) or (2) takes effect on the day on which it is published in the Gazette, or on a later day as specified in the notice.\n\t(5)\tIf the Minister publishes a notice under subsection (1) or (2), the Minister must cause a copy of the notice to be laid before both Houses of Parliament.\n\t(6)\tIf either House of Parliament passes a resolution disallowing a notice laid before it under subsection (5), the notice will cease to have effect (and in the case of a notice under subsection (2) varying or revoking a notice under subsection (1), the notice under subsection (1) will, from that time, apply as if it had not been varied or revoked (as the case requires) by the notice under subsection (2)).\n\t(7)\tA resolution is not effective for the purposes of subsection (6) unless passed in pursuance of a notice of motion given within 14 sitting days (which need not fall within the same session of Parliament) after the day on which the notice was laid before the House under subsection (5).\n21OE—Evidence\n\t(1)\tIn proceedings for an offence against this Part, an apparently genuine document purporting to be signed by the Commissioner and to certify that a specified substance is liquor will, in the absence of proof to the contrary, be proof of the matter certified.\n\t(2)\tIf the label on a sealed container states or indicates that it contains liquor then, in proceedings for an offence against this Part, it is to be taken, in the absence of proof to the contrary, that the container contains liquor of the description and in the quantity and concentration stated on the label.\nlabel, in relation to a container, means any label, marking, or other information on the container.\n21OF—Regulations\nThe regulations may—\n\t(a)\tprovide that this Part or specified provisions of this Part do not apply in prescribed circumstances or to a specified class of persons; or\n\t(b)\tprovide for, or provide for the granting of, exemptions (either subject to specified conditions or otherwise) from the application of this Act or specified provisions of this Act in respect of classes of persons or activities.\n","sortOrder":5},{"sectionNumber":"Part 4","sectionType":"part","heading":"Tattooing, body piercing and body modification","content":"Part 4—Tattooing, body piercing and body modification\n21P—Interpretation and application\n\t(1)\tIn this Part, unless the contrary intention appears—\nbody branding means the process by which a mark, symbol or pattern is, by burning or cauterizing, applied to a person's skin;\nbody implantation means the implanting of an object beneath the skin;\nbody modification procedure means—\n\t(a)\ttattooing; and\n\t(b)\tbody branding; and\n\t(c)\tbody implantation; and\n\t(d)\tearlobe stretching; and\n\t(e)\ttongue splitting; and\n\t(f)\tbody scarification; and\n\t(g)\tany other procedure prescribed for the purposes of this paragraph;\nbody piercing means the piercing of part of a person's body to create 1 or more holes for the insertion of an object;\nbody scarification means the cutting of a person's skin to encourage the production of scar tissue;\ndental practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the dental profession (including, if appropriate, a dental therapist, dental hygienist, dental prosthetist or oral health therapist but not including a student);\ngenitalia includes surgically constructed genitalia;\nguardian, of a minor, means a parent or legal guardian of the minor;\nintimate body piercing means the piercing of a person's genitalia, anal region, perineum, nipples or uvula;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nmedical treatment means treatment or procedures administered or carried out by a medical practitioner, dental practitioner or nurse in the course of medical, surgical or dental practice or treatment;\nnurse means a person registered under the Health Practitioner Regulation National Law to practise in the nursing and midwifery profession as a nurse (other than as a student).\n\t(2)\tThis Part does not apply to a body piercing or body modification procedure performed on a person if the procedure is performed—\n\t(a)\tin the course of medical treatment; or\n\t(b)\tfor a medical or therapeutic purpose of a kind prescribed by the regulations.\n21Q—Performance of body modification procedures on intoxicated persons prohibited\n\t(1)\tA person must not perform a body piercing or body modification procedure on a person who is intoxicated (whether by alcohol or by any other substance or combination of substances).\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) for the defendant to prove that he or she believed on reasonable grounds that the person on whom the procedure was performed was not intoxicated.\n21R—Performance of certain procedures on minors prohibited\n\t(1)\tA person must not perform a body modification procedure on a minor.\n\t(2)\tA person must not perform—\n\t(a)\tan intimate body piercing on a minor; or\n\t(b)\tany other body piercing on a minor without the consent of the minor's guardian given in accordance with section 21S.\n\t(3)\tSubsection (2)(b) does not apply if the minor on whom the body piercing is to be performed is at least 16 years old.\n\t(4)\tIt is a defence to a charge of an offence against this section to prove that—\n\t(a)\tthe defendant, or some person acting on behalf of the defendant, required the minor, or another person, to produce evidence of a kind required by the regulations of—\n\t(i)\this or her age; or\n\t(ii)\tthe consent of his or her guardian to the carrying out of the relevant procedure,\nas the case requires; and\n\t(b)\tthe minor, or another person, made a false statement, or produced false evidence in response to that requirement; and\n\t(c)\tin consequence, the defendant reasonably believed that—\n\t(i)\tthe minor was of or above the requisite age; or\n\t(ii)\tthe guardian consented to the carrying out of the relevant procedure,\nas the case requires.\n\t(5)\tA person who seeks to rely on the defence in subsection (4) must, in order to rely on the defence, produce the identifying details, or a copy, of the evidence offered at the time of the alleged offence.\n21S—Pre‑conditions to performing certain procedures\n\t(1)\tA person must not perform a body piercing or body modification procedure on another person unless—\n\t(a)\tthe person who is to perform the procedure (the service provider) (or a person acting on behalf of the service provider) and the person on whom the procedure is to be performed (the customer) enter into a written agreement containing the prescribed information as to the nature of the procedure and the manner in which it is to be carried out; and\n\t(b)\twhen the agreement is entered into—\n\t(i)\tthe customer is given free of charge a copy of the agreement and the prescribed information; and\n\t(ii)\tif the customer is less than 16 years of age and the procedure is a body piercing to which section 21R(2)(b) applies—the consent of the customer's guardian to the procedure is given—\n\t(A)\tin person; or\n\t(B)\tin the prescribed form and verified by statutory declaration.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tSubsection (1) does not apply to an earlobe piercing performed on a person who is at least 16 years old.\n\t(3)\tA person cannot give consent under subsection (1)(b)(ii) if the person is intoxicated (whether by alcohol or by any other substance or combination of substances). \n\t(4)\tIn subsection (1)(b)(i)—\nprescribed information means—\n\t(a)\tinformation about how to care for the health and recovery of the area of the body affected by the body piercing or body modification procedure; and\n\t(b)\tany other information prescribed by the regulations.\n21T—Sale of body modification equipment to minors prohibited\n\t(1)\tA person must not—\n\t(a)\tsell body modification equipment to a minor; or\n\t(b)\tsupply body modification equipment to a minor in connection with the sale, or possible sale, of goods.\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) to prove that—\n\t(a)\tthe defendant, or some person acting on behalf of the defendant, required the minor, or another person, to produce evidence of a kind required by the regulations of his or her age; and\n\t(b)\tthe minor, or another person, made a false statement, or produced false evidence in response to that requirement; and\n\t(c)\tin consequence, the defendant reasonably believed that the minor was of or above the age of 18 years.\n\t(3)\tA person who seeks to rely on the defence in subsection (2) must, in order to rely on the defence, produce the identifying details, or a copy, of the evidence offered at the time of the alleged offence.\n\t(4)\tIf a person is convicted of an offence against subsection (1), any body modification equipment seized as evidence of the offence may be retained by the Commissioner of Police and is forfeited to the Crown—\n\t(a)\tif an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or\n\t(b)\tif an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined.\n\t(5)\tEquipment forfeited under subsection (4) may be dealt with and disposed of in such manner as the Commissioner of Police may direct.\nbody modification equipment means equipment designed to be used for the purposes of body modification;\nsell means—\n\t(a)\tsell, barter or exchange; or\n\t(b)\toffer or agree to sell, barter or exchange; or\n\t(c)\texpose for sale, barter or exchange; or\n\t(d)\thave in possession for sale, barter or exchange;\nsupply includes offer to supply.\n21U—Display of information\nA person who offers, for fee or reward, to perform body piercing or body modification procedures must display prescribed information at the premises where the procedures are offered.\n21V—Record keeping\n\t(1)\tA person must keep records in accordance with the regulations for the purposes of this Part.\n\t(2)\tA record required to be kept by a person under this section must be kept for a period of 2 years.\n21W—Offence to make false statement or produce false evidence\nA person must not make a false statement or produce false evidence to a person who offers body piercing or body modification procedures in respect of—\n\t(a)\tthe age of a minor; or\n\t(b)\tthe consent of a minor's guardian to the performance of a body piercing or body modification procedure.\n","sortOrder":6},{"sectionNumber":"Part 5","sectionType":"part","heading":"Offences against decency and morality","content":"Part 5—Offences against decency and morality\n22—Indecent language\n\t(1)\tA person who uses indecent or profane language or sings any indecent or profane song or ballad—\n\t(a)\tin a public place; or\n\t(b)\tin a police station; or\n\t(c)\twhich is audible from a public place; or\n\t(d)\twhich is audible in neighbouring or adjoining occupied premises; or\n\t(e)\twith intent to offend or insult any person,\nindecent includes obscene.\n23—Indecent behaviour and gross indecency\n\t(1)\tA person who behaves in an indecent manner—\n\t(a)\tin a public place, or while visible from a public place, or in a police station; or\n\t(b)\tin a place, other than a public place or police station, so as to offend or insult any person,\n\t(2)\tA person who, in a public place, or while visible from a public place or from occupied premises, wilfully does a grossly indecent act, whether alone or with another person, is guilty of an offence.\n23A—Certain acts not an offence\nAn act consisting of being in an unclad state in an area dedicated or reserved under an Act for unclad bathing (whether or not that area is so dedicated or reserved for any other purpose), or an act of being in an unclad state in waters adjacent to such an area, is not of itself an offence against an Act or law in force in this State.\n24—Urinating etc in a public place\nA person who urinates or defecates in a public place within a municipality or town, elsewhere than in premises provided for that purpose, is guilty of an offence.\nExpiation fee: $80.\n25—Soliciting\nA person who—\n\t(a)\tin a public place, or within the view or hearing of any person in a public place, accosts or solicits a person for the purpose of prostitution; or\n\t(b)\tloiters in a public place for the purpose of prostitution,\n25A—Procurement for prostitution\n\t(1)\tA person must not engage in procurement for prostitution.\nFor a first offence—$1 250 or imprisonment for 3 months.\nFor a subsequent offence—$2 500 or imprisonment for 6 months\n\t(2)\tA person engages in procurement for prostitution if the person—\n\t(a)\tprocures another to become a prostitute; or\n\t(b)\tpublishes an advertisement to the effect that the person (or some other person) is willing to employ or engage a prostitute; or\n\t(c)\tapproaches another person with a view to persuading the other person to accept employment or an engagement as a prostitute.\nadvertisement includes a notice exhibited in, or so that it is visible from, a public place.\n26—Living on the earnings of prostitution\n\t(1)\tA person who knowingly lives, wholly or in part, on the earnings of prostitution of another person is guilty of an offence.\n\t(2)\tIn proceedings for an offence against subsection (1), the fact that a person lives with, or is habitually in the company of, a prostitute and has no visible lawful means of support is, in the absence of proof to the contrary, proof that that person is knowingly living on the earnings of prostitution.\n","sortOrder":7},{"sectionNumber":"Part 5A","sectionType":"part","heading":"Filming and sexting offences","content":"Part 5A—Filming and sexting offences\n26A—Interpretation\ncarriage service provider has the same meaning as in section 87 of the Telecommunications Act 1997 of the Commonwealth;\ncognitive impairment includes—\n\t(a)\ta developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);\n\t(b)\tan acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);\n\t(c)\ta mental illness;\ndistribute includes—\n\t(a)\tcommunicate, exhibit, send, supply, upload or transmit; and\n\t(b)\tmake available for access by another,\nbut does not include distribution by a person solely in the person's capacity as an internet service provider, internet content host or a carriage service provider;\nfilm means take images by any means;\nhumiliating or degrading act, in relation to a person, means—\n\t(a)\tan assault or other act of violence against the person; or\n\t(b)\tan act that reasonable adult members of the community would consider to be humiliating or degrading to such a person (but does not include an act that reasonable adult members of the community would consider to cause only minor or moderate embarrassment);\nhumiliating or degrading filming means filming images of another person while the other person is being subjected to, or compelled to engage in, a humiliating or degrading act, but does not include filming images of a person who consents to being subjected to, or engaging in, a humiliating or degrading act and consents to the filming of the act;\nimage means a moving or still image, and includes an image that has been altered by digital or other means;\nindecent filming means filming of—\n\t(a)\tanother person in a state of undress in circumstances in which a reasonable person would expect to be afforded privacy; or\n\t(b)\tanother person engaged in a private act in circumstances in which a reasonable person would expect to be afforded privacy; or\n\t(c)\tanother person's private region in circumstances in which a reasonable person would not expect that the person's private region might be filmed;\ninternet content host has the same meaning as in Schedule 5 of the Broadcasting Services Act 1992 of the Commonwealth;\ninternet service provider has the same meaning as in Schedule 5 of the Broadcasting Services Act 1992 of the Commonwealth;\ninvasive image—see subsections (2) and (3);\nlaw enforcement personnel means police officers or officers of a law enforcement agency;\nprivate act means—\n\t(a)\ta sexual act of a kind not ordinarily done in public; or\n\t(ab)\tan act carried out in a sexual manner or context; or\n\t(b)\tusing a toilet;\nprivate region of a person means the person's genital or anal region, or in the case of a female, the breast, when covered by underwear or bare.\n\t(2)\tFor the purposes of this Part, an image of a person will be taken to be an invasive image of the person if it depicts the person in a place other than a public place—\n\t(a)\tengaged in a private act; or\n\t(b)\tin a state of undress such that—\n\t(i)\tin the case of a female—the bare breasts are visible; or\n\t(ii)\tin any case—the bare genital or anal region is visible.\n\t(3)\tHowever, an image of a person that falls within the standards of morality, decency and propriety generally accepted by reasonable adults in the community will not be taken to be an invasive image of the person.\n26B—Humiliating or degrading filming\n\t(1)\tA person who engages in humiliating or degrading filming is guilty of an offence.\n\t(2)\tA person who distributes an image obtained by humiliating or degrading filming knowing or having reason to believe that the victim—\n\t(a)\tdoes not consent to that particular distribution of the image; or\n\t(b)\tdoes not consent to that particular distribution of the image and does not consent to distribution of the image generally,\n\t(3)\tA person who—\n\t(a)\ttakes part in a humiliating or degrading act; and\n\t(b)\tin relation to that humiliating or degrading act, engages in conduct constituting an offence against subsection (1) or subsection (2),\n\t(4)\tIt is a defence to—\n\t(a)\ta charge of an offence against subsection (1); or\n\t(b)\ta charge of an offence against subsection (3) where the defendant is alleged to have engaged in conduct constituting an offence against subsection (1),\nto prove 1 or more of the following:\n\t(c)\tthe defendant did not knowingly film the images the subject of the offence;\nThe filming took place accidentally or the filming took place in circumstances where the defendant did not know what images were being filmed.\n\t(d)\tthe defendant reasonably believed that the victim consented to the filming the subject of the offence;\n\t(e)\tthe conduct constituting the offence was for a legitimate public purpose.\n\t(5)\tIt is a defence to—\n\t(a)\ta charge of an offence against subsection (2); or\n\t(b)\ta charge of an offence against subsection (3) where the defendant is alleged to have engaged in conduct constituting an offence against subsection (2),\nto prove 1 or more of the following:\n\t(c)\tthe defendant's distribution of the image was neither intentional nor reckless;\n\t(d)\tthe conduct constituting the offence was for a legitimate public purpose.\n\t(6)\tFor the purposes of this section, conduct will only be taken to be for a legitimate public purpose if the conduct was in the public interest having regard to the following:\n\t(a)\twhether the conduct was for the purpose of educating or informing the public;\n\t(b)\twhether the conduct was for a purpose connected to law enforcement or public safety;\n\t(c)\twhether the conduct was for a medical, legal or scientific purpose;\n\t(d)\tany other factor the court determining the charge considers relevant.\n\t(7)\tIf, in any proceedings for an offence against this section, the defendant establishes that the conduct allegedly constituting the offence was engaged in by or on behalf of a media organisation, the conduct will, for the purposes of this section, be taken to have been engaged in for a legitimate public purpose unless the court determining the charge finds that, having regard to the matters set out in subsection (6), the conduct was not for a legitimate public purpose.\n\t(8)\tFor the purposes of this section, a person takes part in a humiliating or degrading act if he or she—\n\t(a)\tsubjects a victim to, or compels a victim to engage in, a humiliating or degrading act (where the victim does not consent to being subjected to, or engaging in, the act); or\n\t(b)\tencourages, supports or assists another person to engage in conduct of a kind referred to in paragraph (a) in relation to a victim.\nbroadcasting includes datacasting;\nmedia organisation means—\n\t(a)\tan organisation that engages in broadcasting pursuant to a licence under the Broadcasting Services Act 1992 of the Commonwealth or that is otherwise authorised under a law of the Commonwealth to engage in broadcasting; or\n\t(b)\tan organisation that is a constituent body of the Australian Press Council or is authorised under a law of the Commonwealth to engage in publishing;\npublish means publish by newspaper, radio or television, or on the internet, or by other similar means of communication to the public;\nvictim means a person subjected to, or compelled to engage in, a humiliating or degrading act (where the person does not consent to being subjected to, or engaging in, the act).\n26C—Distribution of invasive image\n\t(1)\tA person who distributes an invasive image of another person, knowing or having reason to believe that the other person—\n\t(a)\tdoes not consent to that particular distribution of the image; or\n\t(b)\tdoes not consent to that particular distribution of the image and does not consent to distribution of the image generally,\n\t(a)\tif the invasive image is of a person under the age of 17 years—$20 000 or imprisonment for 4 years;\n\t(b)\tin any other case—$10 000 or imprisonment for 2 years.\n\t(2)\tIt is a defence to a charge of an offence against this section to prove—\n\t(a)\tthat the conduct constituting the offence—\n\t(i)\twas for a purpose connected to law enforcement; or\n\t(ii)\twas for a medical, legal or scientific purpose; or\n\t(b)\tthat the image was filmed by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit and the distribution of the image was for a purpose connected with that claim.\n26D—Indecent filming\n\t(1)\tA person must not engage in indecent filming.\n\t(a)\tif the person filmed was under the age of 17 years—$20 000 or imprisonment for 4 years;\n\t(2)\tIt is a defence to a charge of an offence against subsection (1) to prove—\n\t(a)\tthat the indecent filming occurred with the consent of the person filmed; or\n\t(b)\tthat the indecent filming was undertaken by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit.\n\t(3)\tA person must not distribute an image obtained by indecent filming.\n\t(a)\tif the person filmed was under the age of 17 years—$20 000 or imprisonment for 4 years;\n\t(4)\tIt is a defence to a charge of an offence against subsection (3) to prove 1 or more of the following:\n\t(a)\tthat the person filmed—\n\t(i)\tconsented to that particular distribution of the image the subject of the offence; or\n\t(ii)\tconsented to distribution of the image the subject of the offence generally; or\n\t(b)\tthat the defendant did not know, and could not reasonably be expected to have known, that the indecent filming was without the person's consent; or\n\t(c)\tthat the indecent filming was undertaken by a licensed investigation agent within the meaning of the Security and Investigation Agents Act 1995 and occurred in the course of obtaining evidence in connection with a claim for compensation, damages, a payment under a contract or some other benefit and the distribution of the image was for a purpose connected with that claim.\n26DA—Threat to distribute invasive image or image obtained from indecent filming\n\t(a)\tthreatens to distribute an invasive image of a person; and\n\t(b)\tintends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,\n\t(a)\tif the invasive image is of a person under the age of 17 years—$10 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$5 000 or imprisonment for 1 year.\n\t(a)\tthreatens to distribute an image obtained by the indecent filming of a person; and\n\t(b)\tintends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,\n\t(a)\tif the person filmed was under the age of 17 years—$10 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$5 000 or imprisonment for 1 year.\n\t(3)\tIt is a defence to a charge of an offence against subsection (1) or (2) to prove—\n\t(a)\tthat—\n\t(i)\tthe person filmed consented to that particular distribution of the image the subject of the filming; or\n\t(ii)\tthe person consented to distribution of the image the subject of the filming generally; and\n\t(b)\tthat the person had not, at the time of the alleged offence, withdrawn consent to the distribution of the image.\n\t(4)\tThis section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct, and may be explicit or implicit.\n26E—General provisions\n\t(1)\tAn apparent consent will not be an effective consent for the purposes of this Part if—\n\t(a)\tgiven by a person who is under the age of 17 years or with a cognitive impairment; or\n\t(b)\tobtained from a person by duress or deception.\n\t(2)\tThe following persons do not commit an offence against this Part:\n\t(a)\tlaw enforcement personnel and legal practitioners, or their agents, acting in the course of law enforcement or legal proceedings;\n\t(b)\tmedical practitioners, or their agents, acting in the course of medical practice or for genuine educational or research purposes.\n\t(3)\tIf a court finds a person guilty of an offence against this Part, the court may order the forfeiture of anything that has been seized and consists of, or contains a record of, images taken in the course of the commission of the offence, or consists of equipment used for the commission of the offence.\n\t(4)\tA court making an order for forfeiture of any equipment or item under subsection (3) may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited.\n","sortOrder":8},{"sectionNumber":"Part 5B","sectionType":"part","heading":"Offences related to certain artificially generated depictions","content":"Part 5B—Offences related to certain artificially generated depictions\n26F—Interpretation\nartificially generated content means audiovisual, visual, or audio content that—\n\t(a)\tis generated wholly by artificial intelligence; or\n\t(b)\tis created by a person or persons solely using digital technology,\nbut does not include content that consists of or incorporates an image within the meaning of Part 5A;\ndepiction includes an audiovisual, audio or visual depiction of a real person;\ndistribute has the same meaning as in Part 5A;\nhumiliating or degrading depiction, in relation to a simulated person, means artificially generated content depicting—\n\t(a)\tan assault or other act of violence done by or against the simulated person; or\n\t(b)\tan act done by or against the simulated person that reasonable adult members of the community would, were the act to be done by or against a real person, consider to be humiliating or degrading to the real person (but does not include an act that reasonable adult members of the community would consider to cause only minor or moderate embarrassment);\ninvasive depiction, in relation to a simulated person, means artificially generated content depicting—\n\t(a)\tthe simulated person in a state of undress such that—\n\t(i)\tin the case of a simulated female person—the bare breasts are visible; or\n\t(ii)\tin any case—the bare genital or anal region is visible; or\n\t(b)\tthe simulated person performing a private act,\nhowever, a depiction of a simulated person that falls within the standards of morality, decency and propriety generally accepted by reasonable adults in the community will not be taken to be an invasive depiction;\nprivate act means—\n\t(a)\ta sexual act; or\n\t(b)\tan act carried out in a sexual manner; or\n\t(c)\turinating or defecating;\nsimulated person means a person depicted in artificially generated content that—\n\t(a)\tpurports to be a depiction of a particular real person; or\n\t(b)\tso closely resembles a depiction of a particular real person that a reasonable person who knew the real person would consider it likely to be a depiction of the real person.\n\t(2)\tFor the purposes of this Part, a reference to the breasts, or genital or anal region, of a person, or a reference to an actual place, act or item, will, in the case of artificially generated content, be taken to include a reference to an artificial depiction of those things.\n26G—Creation of humiliating, degrading or invasive depiction\n\t(1)\tA person who creates a humiliating or degrading depiction of a simulated person is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tA person who creates an invasive depiction of a simulated person is guilty of an offence.\n\t(a)\tif the simulated person purports to be a real person who is under the age of 17 years—$20 000 or imprisonment for 4 years;\n\t(3)\tIt is a defence to a charge of an offence against this section to prove that the creation of the humiliating or degrading depiction or invasive depiction (as the case may be) occurred with the written consent of each real person depicted in the depiction.\n26H—Distribution of humiliating, degrading or invasive depiction\n\t(1)\tA person who distributes a humiliating or degrading depiction of a simulated person is guilty of an offence.\n\t(2)\tA person who distributes an invasive depiction of a simulated person is guilty of an offence.\n\t(a)\tif the simulated person purports to be a real person who is under the age of 17 years—$20 000 or imprisonment for 4 years;\n\t(3)\tIt is a defence to a charge of an offence against this section to prove that the distribution of the humiliating or degrading depiction or invasive depiction (as the case may be) occurred with the written consent of each real person depicted in the depiction.\n\t(4)\tNo offence is committed against this section—\n\t(a)\tby law enforcement personnel and legal practitioners, or their agents, acting in the course of law enforcement or legal proceedings; or\n\t(b)\tby reason of the distribution of artificially generated content that constitutes, or forms part of, a work of artistic merit if, having regard to the artistic nature and purposes of the work as a whole, there is no undue emphasis on aspects of the work that might otherwise be considered to be a humiliating or degrading depiction or an invasive depiction (as the case may be) of a simulated person.\n26I—Threat to distribute humiliating, degrading or invasive depiction\n\t(a)\tthreatens to distribute a humiliating or degrading depiction of a simulated person; and\n\t(b)\tintends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,\nMaximum penalty: $5 000 or imprisonment for 1 year.\n\t(a)\tthreatens to distribute an invasive depiction of a simulated person; and\n\t(b)\tintends to arouse a fear that the threat will be, or is likely to be, carried out, or is recklessly indifferent as to whether such a fear is aroused,\n\t(a)\tif the simulated person purports to be a real person who is under the age of 17 years, or the threat is made to a person who is under the age of 17 years—$10 000 or imprisonment for 2 years;\n\t(b)\tin any other case—$5 000 or imprisonment for 1 year.\n\t(3)\tIt is a defence to a charge of an offence against this section to prove that each real person depicted in the depiction to which the offence relates gave written consent to the distribution of the humiliating or degrading depiction or invasive depiction (as the case may be).\n\t(4)\tThis section applies to a threat directly or indirectly communicated by words (written or spoken) or by conduct, or partially by words and partially by conduct, and may be explicit or implicit.\n26J—General provisions\n\t(1)\tAn apparent consent will not be an effective consent for the purposes of this Part if—\n\t(a)\tgiven by a person who is under the age of 17 years or with a cognitive impairment; or\n\t(b)\tobtained from a person by duress or deception.\n\t(2)\tIf a court finds a person guilty of an offence against this Part, the court may order the forfeiture of anything that has been seized and consists of, or contains a record of, artificially generated content used in the course of the commission of the offence, or consists of equipment used for the commission of the offence.\n\t(3)\tA court making an order for forfeiture of any equipment or item under subsection (2) may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited.\n","sortOrder":9},{"sectionNumber":"Part 6","sectionType":"part","heading":"Brothels","content":"Part 6—Brothels\n27—Interpretation\nbrothel means premises—\n\t(a)\tto which persons resort for the purpose of prostitution; or\n\t(b)\toccupied or used for the purpose of prostitution;\npremises includes a part of premises.\n28—Keeping and managing brothels\n\t(a)\tkeeps or manages a brothel, or assists in keeping or managing a brothel; or\n\t(b)\treceives money paid in a brothel in respect of prostitution,\nMaximum penalty: For a first offence—$1 250 or imprisonment for 3 months.\nFor a subsequent offence—$2 500 or imprisonment for 6 months.\n\t(2)\tA person who acts or behaves as master or mistress, or as a person having the control or management, of a brothel will, for the purposes of this section, be taken to keep that brothel, whether he or she is or is not the keeper.\n29—Permitting premises to be used as brothels\nA person who—\n\t(a)\tlets or sublets premises knowing that they are to be used as a brothel; or\n\t(b)\tpermits premises to be used as a brothel,\nFor a first offence—$1 250 or imprisonment for 3 months.\nFor a subsequent offence—$2 500 or imprisonment for 6 months.\n30—Prosecutions\n\t(1)\tA prosecution cannot be instituted under this Part without the written consent of the Commissioner or a senior police officer.\n\t(2)\tAn apparently genuine document produced by the prosecutor and purporting to authorise a prosecution under this Part and purporting to be signed by the Commissioner or a senior police officer will be accepted, in the absence of proof to the contrary, as evidence of the consent of the Commissioner or senior police officer to the prosecution.\n31—Determination of tenancy of brothels\n\t(1)\tUpon the conviction of the tenant, lessee or occupier of premises for permitting the premises, or a part of the premises, to be used as a brothel, the landlord or lessor may require the person so convicted to assign the lease or other contract under which the premises are held to some person approved by the landlord or lessor (which approval must not be unreasonably withheld).\n\t(2)\tIf a person so convicted fails within one month to assign the lease or contract in accordance with a requirement made under subsection (1), the landlord or lessor may determine the lease or other contract, but without prejudice to any rights or remedies of a party to the lease or contract in respect of anything done or omitted before the determination of the lease or contract.\n\t(3)\tIf the landlord or lessor, after such a conviction has been brought to his or her notice, fails to exercise the rights under subsection (1) and subsequently during the subsistence of the lease or contract the premises are again used as a brothel, the landlord or lessor will be taken to have permitted the premises to be used as a brothel.\n\t(4)\tWhere a landlord or lessor determines a lease or other contract under the powers conferred by this section and subsequently grants another lease or enters into another contract of tenancy to, with or for the benefit of the same person, without causing to be inserted in the lease or contract reasonable and adequate provisions for preventing the premises from being used as a brothel, he or she will, if the premises are subsequently used as a brothel, be taken to have permitted the premises to be used as a brothel.\n32—Power of police to enter suspected brothels\nThe Commissioner or a senior police officer, or any other police officer authorised in writing by the Commissioner or a senior police officer, may at any time enter and search premises which he or she suspects on reasonable grounds to be a brothel.\n","sortOrder":10},{"sectionNumber":"Part 6A","sectionType":"part","heading":"Nazi salute or symbols","content":"Part 6A—Nazi salute or symbols\n32A—Interpretation\nintelligence agency means—\n\t(a)\tthe Australian Security Intelligence Organisation; or\n\t(b)\tthe Australian Secret Intelligence Service; or\n\t(c)\tthe Australian Signals Directorate; or\n\t(d)\tthe Office of National Intelligence;\nlaw enforcement officer means—\n\t(a)\ta police officer or a member of the police force or police service of any other State or of the Northern Territory; or\n\t(b)\ta member of the Australian Federal Police; or\n\t(c)\ta member of staff of the Australian Crime Commission established by the Australian Crime Commission Act 2002 of the Commonwealth;\nNazi salute means—\n\t(a)\ta salute consisting of raising an outstretched right arm with the palm down (whether or not accompanied by any spoken words); or\nThis salute is commonly referred to as the Hitler salute, or Hitler greeting, and was generally used in Nazi Germany as a way to pay homage to Adolf Hitler.\n\t(b)\ta gesture that so nearly resembles the salute referred to in paragraph (a) that it is likely to be mistaken for that salute;\nNazi symbol—each of the following is a Nazi symbol:\n\t(a)\tthe hakenkreuz;\n\t(b)\tan image of a Nazi salute;\n\t(c)\tany symbol prescribed by the regulations to be a Nazi symbol (being a symbol that is associated with the Nazis, or with Nazi ideology);\n\t(d)\tany other symbol associated with the Nazis, or with Nazi ideology;\n\t(e)\ta symbol that so nearly resembles a symbol referred to in a preceding paragraph that it is likely to be mistaken for such a symbol;\nprohibited act means—\n\t(a)\tperforming a Nazi salute; or\n\t(b)\tpublishing a Nazi symbol;\npublishing a Nazi symbol—a person publishes a Nazi symbol if they—\n\t(a)\tinclude the symbol in a publicly viewable post on a website, social media platform or other electronic platform; or\n\t(b)\tpublish the symbol in a book, newspaper, magazine or other written publication; or\n\t(c)\tdistribute the symbol in a book, newspaper, magazine or other written publication; or\n\t(d)\tbroadcast the symbol (whether by television or other means); or\n\t(e)\tdisplay the symbol in a public place, or in a manner observable by a person in a public place; or\nWearing an item of clothing on which a hakenkreuz is displayed.\n\t(f)\tengage in any other act of a kind prescribed by the regulations.\n\t(2)\tFor the purposes of this Part, a reference to a hakenkreuz will be taken to be a reference to a symbol of a cross with the arms bent at right angles in a clockwise direction.\nThe hakenkreuz, or hooked or crooked cross, was used in Nazi Germany as the symbol of the Nazi Party. It is also often referred to as a swastika in that context, but should not be equated with the use of the swastika by practitioners of the Buddhist, Jain or Hindu religions.\n\t(3)\tFor the purposes of this Part, publishing a Nazi symbol does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.\n32B—Prohibition on use of Nazi salute or Nazi symbols\n\t(1)\tA person who engages in a prohibited act is guilty of an offence. \nMaximum penalty: $20 000 or imprisonment for 12 months.\n\t(2)\tA person does not contravene subsection (1) if the prohibited act was engaged in for a legitimate public purpose.\n\t(3)\tFor the purposes of subsection (2), an act will only be taken to be for a legitimate public purpose if the act was in the public interest having regard to the following:\n\t(a)\twhether the act was for a genuine academic, artistic, religious or scientific purpose;\n\t(b)\twhether the act was for a genuine cultural or educational purpose;\n\t(c)\twhether the act was for the purpose of making or publishing a fair and accurate report of any event or matter of public interest;\n\t(d)\twhether the act was in opposition to fascism, Nazism, neo-Nazism or other related ideologies.\n\t(4)\tHowever, an act will be taken not to be for a legitimate public purpose where the act is for a purpose that a reasonable person would understand to be directly or indirectly encouraging, glorifying, promoting or condoning fascism, Nazism, neo-Nazism or other related ideologies.\n\t(5)\tA law enforcement officer or a member of an intelligence agency does not contravene subsection (1) if the prohibited act occurs in the performance of the officer's or member's duties and is done in good faith.\n\t(6)\tA person does not contravene subsection (1) if the prohibited act occurs in the course of official duties connected with the administration of the justice system, including the investigation or prosecution of offences, and is done in good faith.\n\t(7)\tIf a person is found guilty of an offence under subsection (1) the court may, in addition to imposing a penalty for the offence, make an order requiring the defendant to pay the reasonable costs and expenses of any action taken for the purposes of removing any relevant Nazi symbols from display.\n32C—Direction to remove Nazi symbol from public display\n\t(1)\tA police officer may give a direction to a person (including, to avoid doubt, to an owner or occupier of premises) to remove from display a Nazi symbol if the police officer reasonably believes the display constitutes an offence against section 32B.\n\t(2)\tA direction under subsection (1)—\n\t(a)\tmay be given orally or in writing; and\n\t(b)\tmust specify the period within which it is to be complied with.\n\t(3)\tA person must not, without reasonable excuse, contravene a direction under subsection (1).\n","sortOrder":11},{"sectionNumber":"Part 7","sectionType":"part","heading":"Indecent or offensive material","content":"Part 7—Indecent or offensive material\n33—Indecent or offensive material\n\t(1)\tIn this section—\ncomputer data means electronic data from which an image, sound or text may be created by means of a computer;\ncomputer record or system means a computer disk or tape or other object or device on which computer data is stored;\nindecent material means material that is, in whole or in part, of an indecent, immoral or obscene nature;\nindecent or offensive aspects of indecent material or offensive material means those aspects or characteristics of the material by virtue of which it is indecent material or offensive material;\n\t(a)\tany written or printed material; or\n\t(b)\tany picture, painting or drawing; or\n\t(c)\tany carving, sculpture, statue or figure; or\n\t(d)\tany photograph, film, video recording or other object or thing from which an image may be reproduced; or\n\t(da)\tany computer data or the computer record or system containing the data; or\n\t(e)\tany other material or object on which an image or representation is recorded or from which an image or representation may be reproduced;\noffensive material means material—\n\t(a)\tof which the subject matter is or includes—\n\t(i)\tviolence or cruelty; or\n\t(ii)\tthe manufacture, acquisition, supply or use of instruments of violence or cruelty; or\n\t(iii)\tthe manufacture, acquisition, supply, administration or use of drugs; or\n\t(iv)\tinstruction in crime; or\n\t(v)\trevolting or abhorrent phenomena; and\n\t(b)\twhich would cause serious and general offence amongst reasonable adult members of the community;\nsell includes—\n\t(a)\tbarter, exchange or let on hire; or\n\t(b)\toffer or have in possession for sale, barter, exchange or hire; or\n\t(c)\tdeliver for the purpose of, or in pursuance of, sale, barter, exchange or hire,\nand sale has a corresponding meaning.\n\t(a)\tproduces, or takes any step in the production of, indecent or offensive material for the purpose of sale; or\n\t(b)\tsells indecent or offensive material; or\n\t(c)\texhibits indecent or offensive material in a public place or so as to be visible from a public place; or\n\t(d)\tdeposits indecent or offensive material in a public place or, except with the permission of the occupier, in or on private premises; or\n\t(e)\texhibits indecent material to a person so as to offend or insult that person; or\n\t(f)\tdelivers or exhibits indecent or offensive material to a minor (other than a minor of whom the person is a parent or guardian); or\n\t(g)\tbeing a parent or guardian of a minor, causes or permits the minor to deliver or exhibit indecent or offensive material to another person; or\n\t(h)\tcauses or permits a person to do an act referred to in a preceding paragraph of this subsection,\nMaximum penalty: $20 000 or imprisonment for 6 months.\n\t(4)\tIn proceedings for an offence against this section, the circumstances of the production, sale, exhibition, delivery or possession of material to which the charge relates and its use or intended use may be taken into account in determining whether the material was indecent or offensive material, but, if the material was inherently indecent or offensive material, the circumstances of its production, sale, exhibition, delivery or possession or its use or intended use cannot be taken to have deprived it of that character.\n\t(5)\tDespite the preceding provisions of this section—\n\t(a)\tno offence is committed by reason of the production, sale, exhibition, delivery or possession of material in good faith and for the advancement or dissemination of legal, medical or scientific knowledge; and\n\t(b)\tno offence is committed by reason of the production, sale, exhibition, delivery or possession of material that constitutes, or forms part of, a work of artistic merit if, having regard to the artistic nature and purposes of the work as a whole, there is no undue emphasis on its indecent or offensive aspects.\n\t(6)\tA prosecution for an offence against this section cannot be commenced without the written consent of the Minister.\n\t(7)\tIn deciding whether to consent to a prosecution under this section, the Minister must have regard to any relevant decision of the National Board or National Review Board under the Classification (Publications, Films and Computer Games) Act 1995 of the Commonwealth.\n\t(8)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be signed by the Minister and to be a consent to a prosecution under this section will be accepted by the court, in the absence of proof to the contrary, as proof of that consent.\n\t(9)\tUpon finding a person guilty of an offence against this section, a court may, upon the application of the prosecutor or on its own initiative, order that indecent or offensive material to which the proceedings relate be forfeited to the Crown.\n\t(10)\tThis section does not derogate from the Classification (Publications, Films and Computer Games) Act 1995.\n","sortOrder":12},{"sectionNumber":"Part 7A","sectionType":"part","heading":"Extremist material","content":"Part 7A—Extremist material\n36—Interpretation\nbroadcasting includes datacasting;\ncarriage service provider has the same meaning as in section 87 of the Telecommunications Act 1997 of the Commonwealth;\nCommonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code;\ncomputer data means electronic data from which an image, sound or text may be created by means of a computer;\ncomputer record or system means a computer disk or tape or other object or device on which computer data is stored;\ndistribute includes—\n\t(a)\tcommunicate, exhibit, send, supply, upload or transmit; and\n\t(b)\tmake available for access by another,\nbut does not include distribution by a person solely in the person's capacity as an internet service provider, internet content host or a carriage service provider;\nextremist material—see section 36A;\ninternet content host has the same meaning as in Schedule 5 of the Broadcasting Services Act 1992 of the Commonwealth;\ninternet service provider has the same meaning as in Schedule 5 of the Broadcasting Services Act 1992 of the Commonwealth;\nlaw enforcement personnel means police officers or officers of a law enforcement agency;\n\t(a)\tany written or printed material; or\n\t(b)\tany picture, painting or drawing; or\n\t(c)\tany carving, sculpture, statue or figure; or\n\t(d)\tany photograph, film, video recording or other object or thing from which an image may be reproduced; or\n\t(e)\tany computer data or the computer record or system containing the data; or\n\t(f)\tany other material or object on which an image or representation is recorded or from which an image or representation may be reproduced;\nmedia organisation means—\n\t(a)\tan organisation that engages in broadcasting pursuant to a licence under the Broadcasting Services Act 1992 of the Commonwealth or that is otherwise authorised under a law of the Commonwealth to engage in broadcasting; or\n\t(b)\tan organisation that is a constituent body of the Australian Press Council or is authorised under a law of the Commonwealth to engage in publishing;\npublish means publish by newspaper, radio or television, or on the internet, or by other similar means of communication to the public;\nterrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code;\nterrorist organisation means an organisation referred to in paragraph (b) of the definition of terrorist organisation in Division 102 of the Commonwealth Criminal Code.\n36A—Extremist material\n\t(1)\tIn this Part (and subject to subsection (2)) extremist material means—\n\t(a)\tmaterial that a reasonable person would understand to be—\n\t(i)\tdirectly or indirectly encouraging, glorifying, promoting or condoning terrorist acts; or\n\t(ii)\tseeking support for, or justifying, the carrying out of terrorist acts; or\n\t(b)\tmaterial that a reasonable person would suspect has been produced or distributed by a terrorist organisation.\n\t(2)\tA publication, film or computer game that is classified, within the meaning of the Classification (Publications, Films and Computer Games) Act 1995, with a classification other than RC does not constitute extremist material for the purposes of this Part.\n37—Possession, production or distribution of extremist material\n\t(1)\tA person who, without reasonable excuse—\n\t(a)\thas possession of extremist material; or\n\t(b)\ttakes any step in the production or distribution of extremist material,\nMaximum penalty: $10 000 or imprisonment for 2 years.\n\t(2)\tWithout limiting the circumstances in which a defendant may be found to have a reasonable excuse for the purposes of subsection (1), the defendant will have a reasonable excuse if the defendant establishes that—\n\t(a)\tthe conduct constituting the offence was for a legitimate public purpose; or\n\t(b)\tin the case of an offence against subsection (1)(a)—the material to which the charge relates came into the defendant's possession unsolicited and that the defendant took reasonable steps to get rid of it as soon as the defendant became aware of the material and its nature.\n\t(3)\tFor the purposes of this section, conduct will only be taken to be for a legitimate public purpose if the conduct was in the public interest having regard to the following:\n\t(a)\twhether the conduct was for the purpose of educating or informing the public;\n\t(b)\twhether the conduct was for the purpose of a work of artistic merit;\n\t(c)\twhether the conduct was for a purpose connected to law enforcement or public safety;\n\t(d)\twhether the conduct was for a medical, legal or scientific purpose;\n\t(e)\tany other factor the court determining the charge considers relevant.\n\t(4)\tIf, in any proceedings for an offence against this section, the defendant establishes that the conduct allegedly constituting the offence was engaged in by or on behalf of a media organisation, the conduct will, for the purposes of this section, be taken to have been engaged in for a legitimate public purpose unless the court determining the charge finds that, having regard to the matters set out in subsection (3), the conduct was not for a legitimate public purpose.\n\t(5)\tLaw enforcement personnel and legal practitioners, or their agents, acting in the course of law enforcement or legal proceedings do not commit an offence against this section.\n38—Forfeiture\n\t(1)\tIf a court finds a person guilty of an offence against this Part, the court may order the forfeiture of anything that has been seized and consists of, or contains, material to which the offence relates or consists of equipment used for the commission of the offence.\n\t(2)\tA court making an order for forfeiture of any equipment or item under subsection (1) may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited.\n","sortOrder":13},{"sectionNumber":"Part 8","sectionType":"part","heading":"Fraud, unlawful possession etc","content":"Part 8—Fraud, unlawful possession etc\n38A—Sale of books and educational matter\n\t(1)\tA person who, in order to induce another person to purchase or to agree to purchase books or other educational matter, states, holds out or represents, directly or indirectly, that he or she is a representative of, or is in any way connected with, or has the approval of, the Minister responsible for administration of the Education and Early Childhood Services (Registration and Standards) Act 2011 or the Education and Children's Services Act 2019, an administrative unit of the Public Service responsible to that Minister for the administration of those Acts or any educational institution under the control of, or connected with, the Government of the State is guilty of an offence.\n\t(2)\tIf a person is induced to enter into an agreement to purchase books or other educational matter by unreasonable persuasion on the part of a person acting or appearing to act on behalf of the seller or the seller's agent, the agreement will be taken to have been induced by undue influence and is voidable at the option of the first mentioned person if repudiated by notice in writing given to the seller within a period of 28 days after the making of the agreement, and any affirmation of, or agreement purporting to waive any right to avoid, the agreement to purchase will, upon the giving of the notice, be void and of no effect.\n39—Valueless cheques\n\t(1)\tA person who obtains any chattel, money, valuable security, credit, benefit or advantage by passing a cheque which is not paid on presentation is guilty of an offence.\n\t(2)\tIt is a defence to a charge for an offence against subsection (1) to prove that the defendant—\n\t(a)\thad reasonable grounds for believing that the cheque would be paid in full on presentation; and\n\t(b)\thad no intent to defraud.\n\t(3)\tThe fact that at the time when the cheque was passed there were some funds to the credit of the account on which the cheque was drawn is not of itself a defence.\n40—Acting as a spiritualist, medium etc with intent to defraud\nA person who, with intent to defraud, purports to act as a spiritualist or medium, or to exercise powers of telepathy or clairvoyance or other similar powers, is guilty of an offence.\n41—Unlawful possession of personal property\n\t(1)\tA person who has possession of personal property which, either at the time of possession or at any subsequent time before the making of a complaint under this section in respect of the possession, is reasonably suspected of having been stolen or obtained by unlawful means, is guilty of an offence.\n\t(2)\tIt is a defence to a charge for an offence against this section to prove that the defendant obtained possession of the property honestly.\n\t(3)\tIf personal property is proved to have been in the possession of a person, whether in a building or otherwise and whether the possession had been parted with before the hearing or not, it will, for the purposes of this section, be taken to have been in the possession of that person.\n","sortOrder":14},{"sectionNumber":"Part 9","sectionType":"part","heading":"Offences with respect to property","content":"Part 9—Offences with respect to property\n43—Interference with railways and similar tracks\n\t(1)\tA person must not, without lawful authority to do so, and knowing that no such lawful authority exists—\n\t(a)\tinterfere with any part of a railway, tramway or track designed for the passage of a vehicle; or\n\t(b)\tinterfere with any signal, cable, system or machinery used in connection with any such railway, tramway or track; or\n\t(c)\tplace any obstruction on any such railway, tramway or track or in any other manner obstruct or cause the obstruction of a vehicle using any such railway, tramway or track; or\n\t(d)\tdo anything else that is likely to result in damage to a vehicle using any such railway, tramway or track.\nMaximum penalty: $50 000 or imprisonment for 2 years.\n\t(2)\tFor the purposes of subsection (1), a reference to a railway, tramway or track includes a rail, sleeper, support or other related structure.\n44—Unlawful operation of computer system\n\t(1)\tA person who, without proper authorisation, operates a restricted-access computer system is guilty of an offence.\n\t(2)\tThe maximum penalty for an offence against subsection (1) is as follows:\n\t(a)\tif the person who committed the offence did so with the intention of obtaining a benefit from, or causing a detriment to, another—$2 500 or imprisonment for 6 months;\n\t(b)\tin any other case—$2 500.\n\t(3)\tA computer system is a restricted-access computer system if—\n\t(a)\tthe use of a particular code of electronic impulses is necessary in order to obtain access to information stored in the system or operate the system in some other way; and\n\t(b)\tthe person who is entitled to control the use of the computer system has withheld knowledge of the code, or the means of producing it, from all other persons, or has taken steps to restrict knowledge of the code, or the means of producing it, to a particular authorised person or class of authorised persons.\n44A—Unauthorised impairment of data held in credit card or on computer disk or other device\n\t(a)\tcauses (directly or indirectly) an unauthorised impairment of data held in a credit card or on a computer disk or other device used to store data by electronic means; and\n\t(b)\tknows that the impairment is unauthorised; and\n\t(c)\tintends, by that impairment, to cause harm or inconvenience, or is reckless as to whether harm or inconvenience will ensue,\n\t(2)\tAn impairment of data is unauthorised unless it is made by the owner of the data or some other person who has an authorisation or licence (express or implied) from the owner of the data to cause the impairment.\n\t(3)\tA person is to be regarded as the owner of data if—\n\t(a)\tthe person brought the data into existence or stored the data in the credit card or on the computer disk or other device for his or her own purposes; or\n\t(b)\tthe data was brought into existence or stored in the credit card or on the computer disk or other device at the request or on behalf of that person; or\n\t(c)\tthe person has a proprietary interest in, or possessory rights over, the medium in which the data is stored entitling the person to determine what data is stored in the medium and in what form.\n\t(4)\tThe onus of establishing that an impairment of data was unauthorised lies on the prosecution.\n45—Using vehicles or animals without consent of owner\n\t(1)\tA person who uses any vehicle (other than a motor vehicle as defined in Part 1 of the Road Traffic Act 1961), horse or other beast of burden without the consent of the owner is guilty of an offence.\n\t(2)\tUpon convicting a person for an offence against this section, the court may order the convicted person to pay to the owner of the vehicle, horse or other beast such sum as the court thinks just by way of compensation for the loss caused to the owner by the convicted person.\n46—Interference with ships and boats without consent\n\t(1)\tA person who, without lawful authority to do so, and knowing that no such lawful authority exists, casts away or uses any boat or uses any equipment or article in, upon, or forming part of a boat is guilty of an offence.\n\t(2)\tUpon convicting a person for an offence against this section, the court may order the convicted person to pay to the owner of the boat, equipment or article in respect of which the offence was committed such sum as the court thinks just by way of compensation for the loss caused to the owner by the convicted person.\nboat includes canoe, dinghy, yacht, raft, pontoon, ship and other similar vessel.\n47—Interference with homing pigeons\n\t(a)\twithout lawful authority, kills, injures or takes any homing pigeon; or\n\t(b)\tenters upon any land for the purpose of killing, injuring or taking any homing pigeon without lawful authority,\n\t(2)\tUpon the conviction of a person for an offence against subsection (1), the court may order the convicted person to pay to the owner of the pigeon killed, injured or taken in contravention of that subsection a sum equal to the value of that pigeon.\n\t(3)\tIt is a defence to a charge of killing, injuring or taking a homing pigeon contrary to subsection (1) to prove that the defendant was the owner or occupier of improved or cultivated land, or a person acting under the instructions of any such owner or occupier, and killed, injured or took the pigeon while it was actually upon that land or any building on that land.\nhoming pigeon means a pigeon having a ring affixed or attached to either or both legs;\ntake includes to ensnare or catch.\n47A—Dog theft\nA person who steals a dog, or has unlawfully in their possession a stolen dog knowing that the dog has been stolen, is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 2 years.\n48A—Advertising rewards for the return of property stolen or lost\nWhere a person publicly advertises a reward for the return of any property that has been stolen or lost and by that advertisement indicates—\n\t(a)\tthat no questions will be asked of the person returning the property; or\n\t(b)\tthat the person returning the property will be safe from apprehension or investigation; or\n\t(c)\tthat money paid for the purchase of the property or advanced by way of loan on the property will be repaid,\nthe person, and any person who prints or publishes the advertisement, is guilty of an offence.\nMaximum penalty: $500.\n","sortOrder":15},{"sectionNumber":"Part 10","sectionType":"part","heading":"Nuisances and annoyances","content":"Part 10—Nuisances and annoyances\n50—Unlawfully ringing doorbells\nA person who, without reasonable excuse, disturbs another by wilfully pulling or ringing the doorbell of a house or by knocking at the door of a house is guilty of an offence.\n51—Throwing missiles\n\t(1)\tA person who, without lawful excuse, throws a missile intending to—\n\t(a)\tinjure, annoy or frighten any person; or\n\t(b)\tdamage any property,\n\t(2)\tA person who, without lawful excuse, throws a missile and who is reckless as to whether that act—\n\t(a)\tinjures, annoys or frightens, or may injure, annoy or frighten, any person; or\n\t(b)\tdamages, or may damage, any property,\n\t(3)\tIn proceedings for an offence against this section, it is not necessary for the prosecution to establish that a person was, in fact, injured, annoyed or frightened or that property was, in fact, damaged (as the case requires) by the defendant's act.\nreckless—a person is reckless as to whether an act injures, annoys or frightens, or may injure, annoy or frighten any person, or damages or may damage any property, if the person—\n\t(a)\tis aware of a substantial risk that the act could injure, annoy or frighten any person or damage any property; and\n\t(b)\tdoes the act despite the risk and without adequate justification;\nthrow includes to discharge or project by means of any mechanism or device.\n52—Throwing fireworks\nA person who throws, sets fire to or explodes a firework or explosive material so as to injure, annoy or frighten, or be likely to injure, annoy or frighten, persons in any public place is guilty of an offence.\n53—Playing games so as to cause damage\n\t(1)\tA person who, in a public place or in a place adjacent to a public place, plays any game so as to injure, or be likely to injure, persons in a public place, or so as to damage, or be likely to damage, property, is guilty of an offence.\n\t(2)\tThis section does not apply to the playing of a game on an oval, court or other ground constructed for the purpose of such a game.\n54—Emitting excessive noise from vehicle by amplified sound equipment or other devices\n\t(1)\tIf excessive noise is emitted from a vehicle by amplified sound equipment or other devices, a police officer may—\n\t(a)\trequire the vehicle to stop; and\n\t(b)\trequire the driver and any other occupant of the vehicle to state his or her full name and address; and\n\t(c)\tissue, in writing, a direction to the driver and any other occupant of the vehicle to immediately abate the excessive noise.\n\t(2)\tA police officer who issues a direction to a person under subsection (1), must advise the person that, during the period of 6 months after the issue of the direction, it is an offence to cause or allow excessive noise to be emitted from a vehicle driven or otherwise occupied by the person by amplified sound equipment or other devices.\n\t(3)\tNoise emitted from a vehicle is excessive for the purposes of this section if it is such as is likely to unreasonably disturb persons in the vicinity of the vehicle.\n\t(4)\tIf a police officer suspects on reasonable grounds that a name or address as stated in response to a requirement under subsection (1)(b) is false, he or she may require the person making the statement to produce evidence of the correctness of the name or address as stated.\n\t(5)\tA person who—\n\t(a)\trefuses or fails to comply with a requirement under subsection (1)(a) or (1)(b) or subsection (4); or\n\t(b)\tin response to a requirement under subsection (1)(b) or subsection (4)—\n\t(i)\tstates a name or address that is false; or\n\t(ii)\tproduces false evidence of his or her name or address,\nMaximum penalty: $1 250 or imprisonment for 6 months.\n\t(6)\tA person who refuses or fails to comply with a direction under subsection (1)(c) is guilty of an offence.\n\t(7)\tA person who has been issued with a direction under subsection (1)(c) must not, during the period of 6 months after the issue of the direction, cause or allow excessive noise to be emitted from a vehicle driven or otherwise occupied by the person by amplified sound equipment or other devices.\n\t(8)\tIn any proceedings for an offence against this section where it is alleged that excessive noise was emitted from a vehicle, evidence by a police officer that he or she formed the opinion based on his or her own senses that the noise emitted from a vehicle was such as was likely to unreasonably disturb persons in the vicinity of the vehicle constitutes proof, in the absence of proof to the contrary, that the noise was excessive.\n56—Depositing or leaving dead animals in streets etc\nA person who deposits the carcass of an animal, or leaves the carcass of an animal, belonging to the person upon—\n\t(a)\ta street, road or other thoroughfare; or\n\t(b)\ta public park or reserve; or\n\t(c)\tland or premises abutting any such place as is mentioned in paragraph (a) or (b),\nto the annoyance of persons in any such place, land or premises is guilty of an offence.\n57—Depositing rubbish on land\n\t(1)\tA person who deposits rubbish on land without the consent of the owner or occupier or other lawful authority is guilty of an offence.\n\t(2)\tThe court by which a person is found guilty of an offence against subsection (1) may, whether or not a fine is imposed, order the person to remove, within the time specified by the court, the rubbish from the land on which it was deposited.\n\t(3)\tIf a person makes default in complying with an order under subsection (2)—\n\t(a)\tthe person is guilty of an offence and liable to a maximum penalty of $125; and\n\t(b)\tthe court may order the person to pay to the owner or occupier of the land the cost of removing the rubbish.\nland includes roads, streets and other public places, as well as private land;\nrubbish includes soil, stone, rubble, animal or vegetable matter and other debris, waste or refuse.\n58—Obstruction of public places\n\t(1)\tSubject to subsection (2), a person who intentionally obstructs the free passage of a public place is guilty of an offence.\nMaximum penalty: $50 000 or imprisonment for 3 months.\n\t(1a)\tA person may be found guilty of an offence against this section whether the person's conduct directly or indirectly obstructed the free passage of a public place.\nFor example, a person's conduct may be found to have indirectly obstructed the free passage of a public place if it was reasonably necessary for a relevant entity to restrict access to the public place in order to safely deal with the person's conduct.\n\t(1b)\tA court finding a person guilty of an offence against this section may, on application by the prosecutor, order the defendant to pay the reasonable costs and expenses of any action taken by a relevant entity for the purposes of dealing with the obstruction caused by the defendant.\n\t(1c)\tIn any proceedings for an offence against this section, a certificate apparently signed by the chief officer of the relevant entity certifying the costs and expenses of action taken by the relevant entity for the purposes of dealing with the obstruction caused by the defendant is, in the absence of proof to the contrary, to be accepted as proof of the costs and expenses so incurred.\n\t(1d)\tAn amount ordered to be paid by the defendant under subsection (1b) must be paid to the Treasurer in aid of the Consolidated Account.\n\t(2)\tThis section does not prohibit a person from, or restrict a person in, the exercise of rights arising by reason of a legal or equitable interest that the person has in property constituting, or forming part of, a public place.\nchief officer of a relevant entity means—\n\t(a)\tin the case of SA Police—the Commissioner; or\n\t(b)\tin the case of an emergency services organisation—the person defined as the Chief Officer of the emergency services organisation under the Fire and Emergency Services Act 2005; or\n\t(c)\tin any other case—the person prescribed by the regulations;\nemergency services organisation has the same meaning as in the Fire and Emergency Services Act 2005;\nrelevant entity means any of the following:\n\t(a)\tSA Police;\n\t(b)\tan emergency services organisation;\n\t(c)\ta person or body prescribed by the regulations.\n58A—Objectionable persons in public passenger vehicles\n\t(1)\tThe driver or conductor of a public passenger vehicle or a police officer may request a person to leave the vehicle if—\n\t(a)\tbefore, or at the time when, the person entered the vehicle he or she was informed by the driver or conductor that it was fully loaded with passengers; or\n\t(b)\tthe person, being under the influence of intoxicating liquor, is causing, or is likely to cause, annoyance to any passenger in the vehicle; or\n\t(c)\tthe person's attire or person soils or damages, or is likely to soil or damage, any part of the vehicle or the attire or belongings of any such passenger; or\n\t(d)\tthe person acts in a noisy, violent or abusive manner, or uses obscene or indecent language, or consumes intoxicating liquor, in the vehicle, after having been requested to cease doing so.\n\t(2)\tA person who, upon being requested to depart from the vehicle, fails to comply with the request forthwith, is guilty of an offence.\n\t(3)\tA person who, upon being so requested, fails to comply with the request may be removed from the vehicle by the driver, conductor or police officer and any person or persons whom the driver, conductor or officer may call to assist.\n\t(4)\tThe driver, conductor or police officer may require a person who fails to comply with the request to state his or her correct full name and correct address and a person who fails to comply with that requirement forthwith is guilty of an offence.\n\t(5)\tIf the driver, conductor or police officer has reasonable cause to suspect that the name or address stated by the person is incorrect or false in any particular, the person must, if required to do so by the driver, conductor or officer, produce evidence of the correctness of the name or address so stated.\n\t(6)\tAny such person who produces false evidence with respect to his or her name or address is guilty of an offence.\n58B—Sale of certain refrigerators etc\n\t(1)\tA person must not sell or hire, or offer or expose for sale or hire, a refrigerator, ice chest or icebox having in it a compartment of a capacity of 42.5 litres or more unless that compartment is so constructed or equipped that every door or lid can be opened easily from the inside of the compartment when any lock or catch that can be operated from the outside of the compartment is fastened.\n\t(2)\tIn a prosecution for an offence against subsection (1), it is a defence if the defendant proves that the refrigerator, ice chest or icebox with respect to which the offence is alleged to have been committed was manufactured in, or imported into, the State before 1 January, 1962.\n\t(3)\tA person must not place any of the following articles, that is to say, a refrigerator, ice chest, icebox, article of furniture, trunk or other similar article upon any dump, tip, sanitary depot, public reserve, public place or unfenced vacant land if that article has in it a compartment of a capacity of 42.5 litres or more unless, before so placing that article, that person has removed from the compartment every door and lid, or their locks and hinges, or has otherwise rendered every such door and lid incapable of being fastened, but a person is not prevented by this subsection from placing any such articles upon a public reserve, public place or unfenced vacant land for his or her own use while residing on that public reserve, public place or unfenced vacant land.\n\t(4)\tAfter the making of regulations for the purposes of this subsection, a person must not, except as prescribed, sell or hire, or offer or expose for sale or hire, any prescribed domestic or commercial appliance, equipment, container or other article which is of such a kind, or is so constructed, that it might be dangerous to young children.\n","sortOrder":16},{"sectionNumber":"Part 11","sectionType":"part","heading":"Control of traffic on special occasions","content":"Part 11—Control of traffic on special occasions\n59—Regulation of traffic in certain cases\n\t(1)\tIn this section—\nspecial occasion means a period during which, in the opinion of the person giving a direction under this section, a street, road or public place will be unusually crowded.\n\t(2)\tThe Commissioner, or the mayor or chairman of a council, may give reasonable directions, either orally or in writing, or in any other manner, for—\n\t(a)\tregulating traffic of all kinds;\n\t(b)\tpreventing obstructions;\n\t(c)\tmaintaining order,\nin any street, road or public place on any special occasion.\n\t(3)\tAny such direction—\n\t(a)\tif given by the Commissioner, may apply within the whole or any part of the State;\n\t(b)\tif given by the mayor or chairman of a council, may apply only within the area of the council.\n\t(4)\tIf a direction given by the Commissioner under this section is in conflict with a direction given by a mayor or chairman of a council, the direction of the Commissioner prevails.\n\t(5)\tThe Commissioner may delegate the power to give directions under this section to a senior police officer, subject to any limitations or conditions which the Commissioner thinks it proper to impose.\n\t(6)\tA direction under this section must be given—\n\t(a)\tby publication of the direction in a newspaper circulating generally throughout the State; or\n\t(b)\tin such other manner as to ensure as far as reasonably practicable that, prior to the special occasion, the direction will come to the attention of those who, by their actions or presence, are likely to cause, or contribute to, the crowding of the street, road or public place.\n\t(7)\tWhere a direction has been given under this section, a police officer may, upon the occurrence of the special occasion, give to any person, orally or in writing, such orders as are reasonably calculated to ensure compliance with the direction.\n\t(8)\tA person who fails to comply forthwith with an order under this section is guilty of an offence.\n\t(9)\tAn allegation in a complaint for an offence against this section that a direction under subsection (6) was given or published and was given or published in a particular manner is, in the absence of evidence to the contrary, proof that that direction was given or published and that it was given or published in that manner.\n","sortOrder":17},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Disrespectful conduct in court","content":"Part 11A—Disrespectful conduct in court\n60—Disrespectful conduct in court\n\t(1)\tA person who is a party to proceedings before a court must not intentionally engage in disrespectful conduct before the court during those proceedings.\nMaximum penalty: $1 250 or imprisonment for 3 months.\n\t(2)\tA person cannot be prosecuted for an offence against subsection (1) in respect of certain conduct before a court unless, before the conduct was engaged in, the court had warned the person, in respect of other earlier conduct before the court, that disrespectful conduct before the court may result in a charge of an offence.\n\t(3)\tIt is a defence to prosecution for an offence against subsection (1) to prove that the conduct the subject of the charge arose due to a physical disability or cognitive impairment of the defendant.\n\t(4)\tNothing in this section affects the power of a court to take action for contempt of court.\n\t(5)\tA person cannot be prosecuted for an offence against subsection (1) in respect of certain conduct of the person if the conduct is, or has been, the subject of contempt of court proceedings against the person (except where contempt of court proceedings have been discontinued by a court in contemplation of a charge for an offence against subsection (1) proceeding).\n\t(6)\tAn official transcript or official audio or video recording of proceedings in a court is admissible in evidence in proceedings for an offence against this section and is evidence of the matter included in the transcript or audio or video recording.\n\t(7)\tThe presiding officer of proceedings in a court during which alleged disrespectful behaviour occurred cannot be required to give evidence in proceedings before any court for an offence against this section.\n\t(8)\tThis section does not apply in respect of—\n\t(a)\tproceedings in the Youth Court of South Australia (other than proceedings under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017); or\n\t(b)\ta child who is a party to proceedings under the Children's Protection Act 1993 or the Children and Young People (Safety) Act 2017.\ncognitive impairment includes—\n\t(a)\ta developmental disability (including, for example, an intellectual disability, Down syndrome, cerebral palsy or an autistic spectrum disorder);\n\t(b)\tan acquired disability as a result of illness or injury (including, for example, dementia, a traumatic brain injury or a neurological disorder);\n\t(c)\ta mental illness;\ncourt includes a tribunal, authority or person invested by law with judicial or quasi‑judicial powers, or with authority to make any inquiry or to receive evidence;\ndisrespectful conduct includes—\n\t(a)\trefusing to stand up after being requested to do so by the court; and\n\t(b)\tusing offensive or threatening language; and\n\t(c)\tinterfering with or undermining the authority, dignity or performance of the court;\npresiding officer, of proceedings in a court, means the judge, magistrate, judicial officer or other person presiding over the proceedings in the court.\n","sortOrder":18},{"sectionNumber":"Part 12","sectionType":"part","heading":"Bribery of police","content":"Part 12—Bribery of police\n61—Bribery\n\t(1)\tA person who gives, or offers or promises to give, a bribe to, or makes any collusive agreement with, a police officer to induce the officer to neglect his or her duty, or to conceal or connive at an act by which a regulation or order relating to the appointment and duties of police officers may be evaded, is guilty of an offence.\nbribe includes any form of inducement.\n","sortOrder":19},{"sectionNumber":"Part 13","sectionType":"part","heading":"False reports to police","content":"Part 13—False reports to police\n62—False reports to police\n\t(a)\ta person makes a false representation—\n\t(i)\tto a police officer; or\n\t(ii)\tto a person who is not a police officer knowing that it is likely that the representation will be communicated by that person to a police officer,\nknowing the representation to be false; and\n\t(b)\tthe representation is such as would reasonably call for investigation by the police,\nthe person by whom the representation was made is guilty of an offence.\n\t(2)\tUpon convicting a person of an offence against this section, the court may order the convicted person to pay to the complainant a reasonable sum for the expenses of or incidental to any investigation made by a police officer as a result of the false representation.\n\t(3)\tAn amount received by the complainant under this section must be paid to the Treasurer in aid of the Consolidated Account.\n62A—Creating false belief as to events calling for police action\n\t(1)\tA person who intentionally creates a false belief that an offence has been committed, or that life has or may have been lost or is endangered, is guilty of an offence.\n\t(2)\tUpon convicting a person of an offence against this section, a court may order the convicted person to pay to the complainant a reasonable sum for the expenses of or incidental to any investigation made by a police officer as a result of the offence.\n\t(3)\tAn amount received by the complainant under this section must be paid to the Treasurer in aid of the Consolidated Account.\nbelief includes suspicion.\n","sortOrder":20},{"sectionNumber":"Part 14","sectionType":"part","heading":"Proceedings by councils for certain offences","content":"Part 14—Proceedings by councils for certain offences\n65—Payment of certain fines\nIf—\n\t(a)\ta report is made by a police officer to a municipal or district council with respect to the commission of an offence and, arising out of that report, proceedings are taken in a court and a fine is imposed upon the offender; and\n\t(b)\tit is provided by an Act that the fine is to be paid to any municipal or district council,\nthen, despite that Act, one-half of the fine must be paid to the Treasurer and will be credited to the Consolidated Account.\n","sortOrder":21},{"sectionNumber":"Part 14A","sectionType":"part","heading":"Consorting prohibition notices","content":"Part 14A—Consorting prohibition notices\n66—Interpretation\nclose personal relationship has the same meaning as in Part 3 of the Family Relationships Act 1975;\nconsorting prohibition notice means a notice issued by a senior police officer under section 66A(1);\nCourt means the Magistrates Court;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\noffence of violence means an offence where the offender—\n\t(a)\tuses a weapon, or threatens to use a weapon, against another; or\n\t(b)\tinflicts serious harm on another, or threatens to inflict serious harm on another,\nfor the purpose of committing the offence, or escaping from the scene of the offence;\n\t(a)\tan offence against Part 5 Division 2 of the Controlled Substances Act 1984 or a corresponding offence against a previous enactment; or\n\t(b)\tan indictable offence against the Firearms Act 2015; or\n\t(c)\tan indictable offence of violence; or\n\t(d)\ta serious and organised crime offence; or\n\t(e)\tan offence involving extortion or money laundering; or\n\t(f)\tany attempt to commit, or assault with intent to commit, any of the foregoing offences; or\n\t(g)\tan offence against the law of another jurisdiction that would, if committed in this State, constitute any of the foregoing offences;\nrecipient—see section 66A(1);\nsenior police officer means a police officer of or above the rank of superintendent;\nspouse—a person is the spouse of another if they are legally married.\n\t(2)\tFor the purposes of this Part—\n\t(a)\ta person may consort with another person by any means including by letter, telephone or fax or by email or other electronic means; and\n\t(b)\ta person is a close family member of another person if—\n\t(i)\t1 is a spouse or former spouse of the other or is, or has been, in a close personal relationship with the other; or\n\t(ii)\t1 is a parent or grandparent of the other (whether by blood or by marriage); or\n\t(iii)\t1 is a brother or sister of the other (whether by blood or by marriage); or\n\t(iv)\t1 is a guardian or carer of the other.\n66A—Senior police officer may issue consorting prohibition notice\n\t(1)\tA senior police officer may issue a notice prohibiting a person (the recipient) from consorting with a specified person or specified persons if the officer is satisfied that—\n\t(a)\tthe specified person or each specified person—\n\t(i)\thas, within the preceding period of 3 years, been found guilty of 1 or more prescribed offences; or\n\t(ii)\tis reasonably suspected of having committed 1 or more prescribed offences within the preceding period of 3 years; and\n\t(b)\tthe recipient has been habitually consorting with the specified person or specified persons; and\n\t(c)\tthe issuing of the notice is appropriate in the circumstances. \n\t(2)\tHowever, a consorting prohibition notice—\n\t(a)\tdoes not prohibit associations between close family members; and\n\t(b)\tdoes not prohibit associations occurring between persons—\n\t(i)\tfor genuine political purposes; or\n\t(ii)\twhile the persons are in lawful custody; or\n\t(iii)\twhile the persons are acting in compliance with a court order; or\n\t(iv)\twhile the persons are attending a rehabilitation, counselling or therapy session of a prescribed kind; and\n\t(c)\tmay specify other circumstances in which the notice does not apply.\n66B—Form of notice\n\t(1)\tA consorting prohibition notice—\n\t(a)\tsubject to subsection (2), must specify the grounds on which the notice has been issued; and\n\t(b)\tmust contain a statement advising the recipient of the effect of section 66A(2)(a) and (b); and\n\t(c)\tmust contain a statement advising the recipient that he or she is entitled to apply for a review of the notice in accordance with this Part.\n\t(2)\tA statement of the grounds on which a notice has been issued must not contain information that is classified by the Commissioner as criminal intelligence.\n66C—Service of notice\n\t(1)\tSubject to the making of an order under subsection (3), a consorting prohibition notice must be served on the recipient personally and is not binding on the recipient until it has been so served.\n\t(2)\tIf a police officer has reason to believe that a person is subject to a consorting prohibition notice that has not been served on the person, the officer may—\n\t(a)\trequire the person to remain at a particular place for—\n\t(i)\tso long as may be necessary for the notice to be served on the person; or\n\t(ii)\t2 hours,\nwhichever is the lesser; and\n\t(b)\tif the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).\n\t(3)\tIf a police officer satisfies the Court that all reasonable efforts have been made to effect personal service of a notice on a recipient in accordance with this section but that those efforts have failed, the Court may make such orders as it thinks fit in relation to substituted service (and the notice is not binding on the recipient until it has been so served).\n66D—Application for review\n\t(1)\tSubject to subsection (3), a recipient on whom a consorting prohibition notice has been served may, within 4 weeks after service of the notice, lodge an application with the Court for review of the notice.\n\t(2)\tThe Court may, on a review, consider the following matters:\n\t(a)\twhether sufficient grounds exist to satisfy the Court that the notice was properly issued in accordance with section 66A(1);\n\t(b)\twhether any person specified in the notice is a close family member of the recipient or there are otherwise good reasons why a particular person should not be so specified;\n\t(c)\twhether the notice should specify particular circumstances in which it does not apply.\n\t(3)\tThe grounds of the review must be stated fully and in detail in the application.\n\t(4)\tA copy of the application for review must be served by the recipient on the Commissioner personally or by registered post at least 7 days before the day appointed for conducting the review (and the Commissioner is a party to proceedings on the application).\n\t(5)\tThe Court may, on a review, confirm, vary or revoke the notice.\n66E—Variation or revocation of consorting prohibition notice\n\t(1)\tIf, at any time, the Court is satisfied that, since a consorting prohibition notice was made or last varied, there has been a substantial change in the circumstances taken into account in accordance with section 66A(1)(c), the Court may grant the recipient permission to apply to the Court under this section.\n\t(2)\tThe Court may, on an application under this section, vary or revoke a consorting prohibition notice.\n\t(3)\tA copy of the application for variation or revocation must be served by the recipient on the Commissioner personally or by registered post at least 7 days before the day appointed for hearing the application (and the Commissioner is a party to proceedings on the application).\n66F—Appeal\n\t(1)\tThe Commissioner or the recipient may appeal to the Supreme Court against a decision of the Court under this Part.\n\t(2)\tAn appeal lies as of right on a question of law and with permission on a question of fact.\n\t(3)\tAn appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.\n66G—Revocation of notice by Commissioner\nThe Commissioner may, at any time, revoke a consorting prohibition notice by notice in writing to the recipient.\n66H—Applications by or on behalf of child\nAn application to a court that could otherwise be made by a person under this Part may, if the person is a child, be made—\n\t(a)\tby the child with the permission of the court, if the child has attained the age of 14 years; or\n\t(b)\ton behalf of the child—\n\t(i)\tby a parent or guardian of the child; or\n\t(ii)\tby a person with whom the child normally or regularly resides.\n66I—Evidence etc\n\t(1)\tIn any proceedings under this Part, other than for an offence, the Court—\n\t(a)\tis not bound by the rules of evidence but may inform itself as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms.\n\t(2)\tA fact to be proved in proceedings under this Part, other than for an offence, is sufficiently proved if proved on the balance of probabilities.\n66J—Criminal intelligence\n\t(1)\tIn any proceedings under this Part, a court—\n\t(a)\tmust, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of or relating to information so classified by the Commissioner by way of affidavit of a senior police officer.\n\t(2)\tThe Commissioner may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.\n66K—Offence to contravene or fail to comply with notice\n\t(1)\tA person who contravenes or fails to comply with a consorting prohibition notice is guilty of an offence.\n\t(2)\tA person does not commit an offence against this section in respect of an act or omission unless the person knew that the act or omission constituted a contravention of, or failure to comply with, the notice or was reckless as to that fact.\n\t(3)\tIn proceedings for an offence against this section, an apparently genuine document purporting to be signed by the Commissioner and to certify that at a specified time a consorting prohibition notice applied to, or was in force against, a specified person must, in the absence of proof to the contrary, be regarded as proof of the matter so certified.\n","sortOrder":22},{"sectionNumber":"Part 14B","sectionType":"part","heading":"Declared public precincts","content":"Part 14B—Declared public precincts\n","sortOrder":23},{"sectionNumber":"Div 1","sectionType":"division","heading":"Declared public precincts","content":"Division 1—Declared public precincts\n66L—Limitation on action\nThe powers in this Part to make a declaration or take any other action must not be used in a manner that would diminish the freedom of persons in this State to participate in advocacy, protest, dissent or industrial action.\n66M—Public order and safety\nFor the purposes of this Part, public order and safety includes matters of—\n\t(a)\tpersonal safety and apprehension of danger to personal safety; and\n\t(b)\tsafety of property and apprehension of danger to safety of property; and\n\t(c)\tpublic order unrelated to matters of public safety; and\n\t(d)\tpublic safety unrelated to matters of public order.\n66N—Declaration of public precinct\n\t(1)\tThe Attorney-General may, by notice in the Gazette, declare a defined area comprised of 1 or more public places to be a declared public precinct for a period, or periods, specified in the declaration.\n\t(2)\tThe Attorney-General may only make a declaration in relation to an area under subsection (1) if satisfied that—\n\t(a)\tthere is, during the period or periods specified in the declaration, a reasonable likelihood of conduct in the area posing a risk to public order and safety; and\n\t(b)\tthe inclusion of each public place in the area is reasonable having regard to that identified risk.\n\t(3)\tA declaration under subsection (1) may be made on the Attorney‑General's own motion or on the recommendation of the Commissioner.\n\t(4)\tAn area may not be a declared public precinct for more than 12 hours in any 24 hour period unless the Attorney‑General is satisfied that special circumstances exist in the particular case.\n\t(5)\tThe Attorney-General must cause notice of a declaration under this section to be published on a website determined by the Attorney‑General to which the public has access free of charge.\n\t(6)\tThe Attorney-General may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1).\npublic place has the same meaning as in section 7.\n","sortOrder":24},{"sectionNumber":"Div 2","sectionType":"division","heading":"Maintaining public order and safety in declared public precinct","content":"Division 2—Maintaining public order and safety in declared public precinct\n66O—Request to leave declared public precinct\n\t(1)\tIf a person is within a declared public precinct, or a group of persons is assembled within a declared public precinct, and a police officer believes or apprehends on reasonable grounds that—\n\t(a)\tan offence of a kind that may pose a risk to public order and safety has been, or is about to be, committed by that person or by 1 or more of the persons in the group; or\n\t(b)\tthe presence of that person, or of the group of persons, poses a risk to public order and safety,\nthe officer may order that person, or persons in that group, to leave the declared public precinct.\n\t(2)\tA person who, having been ordered to leave a declared public precinct pursuant to this section—\n\t(a)\tremains in the declared public precinct after having been so ordered; or\n\t(b)\tre‑enters, or attempts to re‑enter, the declared public precinct during that declared public precinct period,\n\t(3)\tIf a person fails to leave a declared public precinct when ordered to under subsection (1), or re‑enters a declared public precinct in contravention of subsection (2)(b), a police officer may use necessary and reasonable force to remove the person from the declared public precinct.\n66P—Offensive or disorderly conduct\n\t(1)\tA person must not behave in an offensive or disorderly manner within a declared public precinct.\nExpiation fee: $250.\n\t(2)\tThis section does not apply to any behaviour involving violence or a threat of violence.\n66Q—Offensive weapons and dangerous articles\n\t(1)\tA person who, without lawful excuse, carries an offensive weapon or dangerous article within a declared public precinct is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 2 years.\ndangerous article has the same meaning as in Part 3A;\noffensive weapon has the same meaning as in Part 3A.\n66R—Power to conduct metal detector searches etc\n\t(1)\tA police officer may, for the purpose of detecting the commission of an offence under section 66Q or Part 3A, carry out a search in relation to—\n\t(a)\tany person present within a declared public precinct; and\n\t(2)\tThe following provisions apply to a search carried out in accordance with this section:\n\t(b)\tif the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches);\n\t(c)\tif the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having on or about his or her person an object, possession of which constitutes an offence).\nmetal detector search means a search conducted—\n\t(a)\tusing only a metal detector of a kind approved by the Commissioner; and\n\t(b)\tin accordance with any directions issued by the Commissioner.\n66S—Power to carry out general drug detection\nA police officer may carry out general drug detection under the Controlled Substances Act 1984 in relation to any person present within a declared public precinct (and, for the purposes of the Controlled Substances Act 1984, a declared public precinct will be taken to be an area to which section 52A of that Act applies).\n66T—Declared public precinct barring order\n\t(1)\tIf a person commits an offence of a kind that may pose a risk to public order and safety, or behaves in an offensive or disorderly manner, within a declared public precinct, a police officer may, by order served on the person, do 1 or both of the following:\n\t(a)\tbar the person from entering or remaining within the declared public precinct for a period specified in the order (which must not extend beyond the declared public precinct period);\n\t(b)\tbar the person from entering or remaining within any other declared public precinct specified in the order for a period specified in the order (which must not extend beyond 24 hours after the time of the order).\n\t(2)\tAn order under subsection (1)(b) in relation to a declared public precinct may only operate during the declared public precinct period for that declared public precinct.\n\t(3)\tA person who enters or remains within a declared public precinct from which he or she is barred under this section is guilty of an offence.\nMaximum penalty: $2 500.\n\t(4)\tA police officer may, by subsequent order served on a person, revoke an order under this section.\n66U—Hindering police\nA person must not—\n\t(a)\thinder or obstruct a police officer, or a person accompanying a police officer, in the exercise of the powers conferred by section 66R or section 66S; or\n\t(b)\trefuse or fail to comply with a requirement made of the person, or a direction given to the person, pursuant to section 66R or section 66S.\n","sortOrder":25},{"sectionNumber":"Div 3","sectionType":"division","heading":"Power to remove children from dangerous situations","content":"Division 3—Power to remove children from dangerous situations\n66V—Power to remove children from dangerous situations\nFor the purposes of section 41 of the Children and Young People (Safety) Act 2017, the requirements of subsection (1) of that section will be taken to be satisfied if—\n\t(a)\ta minor is in a declared public precinct; and\n\t(b)\ta police officer is of the opinion that the minor—\n\t(i)\tis in danger of being physically harmed or injured; or\n\t(ii)\tis in danger of abuse (including assault and sexual assault, ill treatment and exposure to behaviour that may cause psychological harm to the minor); or\n\t(iii)\tis behaving in an offensive or disorderly manner or is otherwise committing or about to commit an offence.\n","sortOrder":26},{"sectionNumber":"Part 14C","sectionType":"part","heading":"Searches of persons to prevent and detect certain offences","content":"Part 14C—Searches of persons to prevent and detect certain offences\nDivision 1—Preliminary\n66W—Interpretation\ndeclared public event means an event that is the subject of a declaration under section 66ZE that is in force;\ndeclared public transport service means a public transport service that is the subject of a declaration under section 66ZH that is in force;\ndeclared public transport hub means a public transport hub that is the subject of a declaration under section 66ZG that is in force;\ndeclared shopping precinct means a shopping precinct that is the subject of a declaration under section 66ZF that is in force;\nlicensed premises means—\n\t(a)\tlicensed premises within the meaning of the Liquor Licensing Act 1997 (other than premises, or premises of a class, declared by the regulations to be excluded from the ambit of this paragraph);\n\t(b)\tthe premises defined in the casino licence, within the meaning of the Casino Act 1997, as the premises to which the licence relates;\n\t(c)\tpremises subject to a licence, or licence of a class, prescribed by the regulations;\nmetal detector search means a search conducted—\n\t(a)\tusing only a metal detector of a kind approved by the Commissioner; and\n\t(b)\tin accordance with any directions issued by the Commissioner;\npublic transport hub means a public place consisting of or including the following:\n\t(a)\ta station, platform or other structure for the taking on and letting off of passengers of public transport vehicles;\n\t(b)\tcar parks and set-down facilities for passengers of public transport vehicles that make scheduled stops at such stations, platforms or structures;\n\t(c)\ta structure or facility for the use or convenience of passengers of public transport vehicles that make scheduled stops at such stations, platforms or structures;\n\t(d)\tany other public place in the immediate vicinity of a place or thing referred to in a preceding paragraph;\npublic transport vehicle means—\n\t(a)\ta train; or\n\t(b)\ta tram; or\n\t(c)\ta bus;\nretail shopping centre has the same meaning as in the Retail and Commercial Leases Act 1995;\nshopping precinct means an area (however described) consisting of or including a retail shopping centre, a shopping mall or other area where retail shops are aggregated or concentrated and includes any—\n\t(a)\tcar parks and set-down facilities for persons shopping in the area;\n\t(b)\tstructures or facilities for the use or convenience of persons shopping in the area;\n\t(c)\tany other public place in the immediate vicinity of the area.\n66X—Application of Part\n\t(1)\tNothing in this Part limits any other search powers a police officer may have under this or any other Act or law.\n\t(2)\tTo avoid doubt, the powers conferred under this Part may be exercised in relation to a minor.\nDivision 2—Special search powers to prevent serious violence\n66Y—Special search powers to prevent serious violence\n\t(1)\tA police officer of or above the rank of Superintendent may authorise the exercise of powers under this section in relation to a specified area if there are reasonable grounds to believe—\n\t(a)\tthat an incident of serious violence involving a group or groups of people may take place in the area; and\n\t(b)\tthat the exercise of such powers is reasonably necessary to prevent the incident.\n\t(2)\tAn authorisation under this section, or a variation or revocation of an authorisation—\n\t(a)\tmust be granted in accordance with guidelines (if any) issued by the Commissioner; and\n\t(b)\tmust be by instrument in writing unless the police officer granting, varying or revoking the authorisation is satisfied that circumstances of urgency exist (in which case the authorisation, variation or revocation may be oral, provided that it is reduced to writing as soon as reasonably practicable); and\n\t(c)\tmust specify the area to which the authorisation relates (which must not be larger than is reasonably necessary for the purposes of the authorisation); and\n\t(d)\tmust specify the grounds for granting the authorisation; and\n\t(e)\tmust specify a period of not more than 24 hours during which the authorisation operates; and\n\t(f)\tmay be subject to conditions specified by the police officer granting the authorisation.\n\t(3)\tThe period during which an authorisation under this section operates may, in the case of an area that was previously the subject of such an authorisation, only commence within 48 hours of the previous authorisation ceasing to operate with the consent of the Commissioner (which may only be given if the Commissioner is satisfied that it is in the public interest to do so).\n\t(4)\tA police officer may, for the purpose of locating weapons and other articles in an area that is the subject of an authorisation under this section, carry out a search (which may, but need not, be a metal detector search) of—\n\t(a)\tany person who is in, or is apparently attempting to enter or to leave, the area; and\nDivision 3—Metal detector searches etc for prevention and deterrence of violence or disorder in public places\n66Z—Power to conduct metal detector searches to prevent violence or disorder in certain public places\n\t(1)\tThe Commissioner may authorise the exercise of powers under this section in relation to a specified public place if there are reasonable grounds to believe—\n\t(a)\tthat an incident of violence or disorder may take place in the area; and\n\t(b)\tthat the exercise of such powers is reasonably necessary to prevent the incident.\n\t(2)\tAn authorisation under this section, or a variation or revocation of an authorisation—\n\t(a)\tmust be granted in accordance with guidelines (if any) issued by the Commissioner; and\n\t(b)\tmust be by instrument in writing unless the Commissioner is satisfied that circumstances of urgency exist (in which case the authorisation, variation or revocation may be oral, provided that it is reduced to writing as soon as reasonably practicable); and\n\t(c)\tmust specify the public place to which the authorisation relates (which must not be larger than is reasonably necessary for the purposes of the authorisation); and\n\t(d)\tmust specify the grounds for granting the authorisation; and\n\t(e)\tmust specify a period of not more than 6 hours during which the authorisation operates; and\n\t(f)\tmay be subject to conditions specified by the police officer granting the authorisation.\n\t(3)\tFor the purposes of detecting the commission of an offence against Part 3A, a police officer may, in a public place that is the subject of an authorisation under this section, conduct a search of—\n\t(a)\tany person who is in, or is apparently attempting to enter or to leave the public place; and\n\t(4)\tThe following provisions apply to a search carried out in accordance with this section:\n\t(b)\tif the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches);\n\t(c)\tif the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having, on or about their person an object, possession of which constitutes an offence).\n\t(5)\tTo avoid doubt, a reference in this section to a public place includes a reference to a place of worship.\n","sortOrder":27},{"sectionNumber":"Div 4","sectionType":"division","heading":"Metal detector searches etc of certain persons","content":"Division 4—Metal detector searches etc of certain persons\n66ZA—Power to conduct metal detector search etc of certain persons\n\t(1)\tThis section applies in relation to the following persons:\n\t(a)\ta person who has, within the 5 years immediately preceding the relevant time, been found guilty of a prescribed offence;\n\t(b)\ta person who was, at any time within the 5 years immediately preceding the relevant time, a member of a criminal organisation (within the meaning of Part 3B Division 1 or Division 2 of the Criminal Law Consolidation Act 1935);\n\t(c)\tany other person, or person of a class, prescribed by the regulations.\n\t(2)\tSubject to this Part, a police officer may, for the purpose of detecting the commission of an offence against Part 3A, carry out a search of—\n\t(a)\ta person to whom this section applies who is in, or is apparently attempting to enter or to leave, a public place; and\n\t(3)\tBefore carrying out a search under this section, a police officer must—\n\t(a)\tgive the person to be searched the following information:\n\t(i)\tthe grounds for the search;\n\t(ii)\tany other information required by the regulations; and\n\t(b)\tif the person so requests, give the person to be searched the identification number of the police officer; and\n\t(c)\texplain to the person to be searched the effect of section 66ZJ(6), and the penalty for contravening that subsection,\nhowever a failure to comply with this subsection does not, of itself, affect the validity of a search.\n\t(4)\tThe following provisions apply to a search carried out under this section:\n\t(b)\tif the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches);\n\t(c)\tif the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having, on or about their person an object, possession of which constitutes an offence).\n","sortOrder":28},{"sectionNumber":"Div 5","sectionType":"division","heading":"Metal detector searches etc at certain events and places","content":"Division 5—Metal detector searches etc at certain events and places\n66ZB—Power to conduct metal detector searches at certain events and places\n\t(1)\tThis section applies to the following areas and vehicles:\n\t(a)\tlicensed premises;\n\t(b)\ta declared place of worship;\n\t(c)\ta public place holding a declared public event;\n\t(d)\ta declared shopping precinct;\n\t(e)\ta declared public transport hub;\n\t(f)\ta car parking area specifically or primarily provided for the use of patrons and customers of an area referred to in a preceding paragraph;\n\t(g)\ta public transport vehicle providing a declared public transport service;\n\t(h)\tany other place prescribed by the regulations.\n\t(2)\tSubject to this Part, a police officer may, for the purpose of detecting the commission of an offence against Part 3A, carry out a search in relation to—\n\t(a)\tany person who is in, or is apparently attempting to enter or to leave, an area or vehicle to which this section applies; and\n\t(3)\tThe following provisions apply to a search carried out under this section:\n\t(b)\tif the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches);\n\t(c)\tif the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having, on or about their person an object, possession of which constitutes an offence).\n\t(4)\tNothing in this section authorises a police officer to carry out a search of a person, or property of a person, in their place of residence or in a hotel room, lodging room or any other place in which they are temporarily residing.\n66ZC—Police officer to give notice before exercising powers under Division\n\t(1)\tBefore the powers to search persons pursuant to a particular declaration under this Division are exercised, a police officer must, unless it is not reasonably practicable to do so in the circumstances, notify the prescribed person or persons in respect of the relevant place or public transport vehicle of—\n\t(a)\tthe terms of the declaration (including the period during which the declaration is in force); and\n\t(b)\tthe intention to search persons pursuant to the declaration during specified times, or during a specified period.\n\t(2)\tTo avoid doubt, a police officer need only notify the prescribed person or persons once in relation to each declaration.\n\t(3)\tHowever, a failure to comply with subsection (1) does not, of itself, invalidate the exercise or purported exercise of a power under this Division.\nprescribed person, in respect of a place or public transport vehicle, means—\n\t(a)\tin the case of licensed premises—the licensee or a responsible person for the licensed premises under the Liquor Licensing Act 1997; or\n\t(b)\tin the case of a declared public event—the organiser of the event; or\n\t(c)\tin the case of a declared shopping precinct—the person or persons prescribed by the regulations in respect of a shopping precinct of the relevant kind; or\n\t(d)\tin the case of a declared public transport hub or declared public transport service—the person or persons prescribed by the regulations in respect of a hub or service of the relevant kind; or\n\t(e)\tin any other case—the person or persons prescribed by the regulations.\n66ZD—Declaration of place of worship\n\t(1)\tThe Commissioner may, by notice in the Gazette, declare a place of worship to be a declared place of worship for the purposes of this Division.\n\t(a)\tbe satisfied that the exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the place of worship; and\n\t(i)\tis likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the place of worship; and\n\t(ii)\twill not unduly affect lawful activity in the place of worship; and\n\t(c)\tin the case of a place of worship that has previously been the subject of a declaration under this section—have regard to whether searches carried out under section 66ZB pursuant to the declaration identified persons carrying knives or other weapons.\n\t(a)\tmust specify the area that comprises the declared place of worship (which may, to avoid doubt, include specified premises); and\n\t(4)\tThe Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)).\n\t(5)\tThe Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website.\n66ZE—Declaration of public events\n\t(1)\tThe Commissioner may, by notice in the Gazette, declare a community, cultural, arts, entertainment, recreational, sporting or other similar event to be a declared public event for the purposes of this Division.\n\t(2)\tA declaration under this section—\n\t(a)\tmust specify the public event and any public place to which the declaration relates; and\n\t(b)\tmust specify the period during which the declaration is in force (being a period commencing no earlier than the start of the day on which the event starts and ending no later than the end of the day on which the event ends); and\n\t(c)\tmay be subject to conditions specified in the notice; and\n\t(d)\tmust comply with any other requirements set out in the regulations.\n\t(3)\tThe Commissioner must cause a copy of any declaration under this section to be published on the Commissioner's website before the commencement of the period during which the declaration will operate.\n66ZF—Declaration of shopping precincts\n\t(1)\tThe Commissioner may, by notice in the Gazette, declare a specified area to be a declared shopping precinct for the purposes of this Division.\n\t(a)\tbe satisfied that the exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the shopping precinct; and\n\t(i)\tis likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the shopping precinct; and\n\t(ii)\twill not unduly affect lawful activity in the shopping precinct; and\n\t(c)\tin the case of a shopping precinct that has previously been the subject of a declaration under this section—have regard to whether searches carried out under section 66ZB pursuant to the declaration identified persons carrying knives or other weapons.\n\t(a)\tmust specify the area that comprises the declared shopping precinct (which may, to avoid doubt, include specified premises); and\n\t(4)\tThe Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)).\n\t(5)\tThe Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website.\n66ZG—Declaration of public transport hubs\n\t(1)\tThe Commissioner may, by notice in the Gazette, declare a specified place to be a declared public transport hub for the purposes of this Division.\n\t(a)\tbe satisfied that the exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the public transport hub; and\n\t(i)\tis likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons in the public transport hub; and\n\t(ii)\twill not unduly affect lawful activity in the public transport hub; and\n\t(c)\tin the case of a public transport hub that has previously been the subject of a declaration under this section—have regard to whether searches carried out under section 66ZB pursuant to the declaration identified persons carrying knives or other weapons.\n\t(a)\tmust specify the area that comprises the declared public transport hub (which may, to avoid doubt, include specified premises or structures); and\n\t(4)\tThe Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)).\n\t(5)\tThe Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website.\n66ZH—Declaration of public transport services\n\t(1)\tThe Commissioner may, by notice in the Gazette, declare a specified public transport service to be a declared public transport service for the purposes of this Division.\n\t(2)\tBefore making a declaration under this section, the Commissioner must be satisfied that—\n\t(a)\tthe exercise of powers under section 66ZB is necessary or appropriate for the purposes of deterring or detecting the commission of offences involving the possession or use of a knife or other weapons on public transport vehicles providing the public transport service; and\n\t(b)\tthe exercise of powers under section 66ZB—\n\t(i)\tis likely to be effective in deterring or detecting the commission of offences involving the possession or use of a knife or other weapons on public transport vehicles providing the public transport service; and\n\t(ii)\twill not unduly affect lawful activity on public transport vehicles providing the public transport service.\n\t(a)\tmust set out sufficient details (such as route numbers or route names) to enable persons using public transport services to identify the declared public transport service; and\n\t(4)\tThe Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration made under subsection (1) (and must revoke a declaration if the Commissioner is no longer satisfied of the matters referred to in subsection (2)).\n\t(5)\tThe Commissioner must cause a copy of any declaration, variation or revocation under this section to be published on the Commissioner's website.\n","sortOrder":29},{"sectionNumber":"Div 6","sectionType":"division","heading":"Maintaining public order and safety","content":"Division 6—Maintaining public order and safety\n66ZI—Request to leave certain areas or vehicles\n\t(1)\tIf a person is in an area or on a vehicle to which section 66ZB applies, or a group of persons is assembled in such an area or on such a vehicle, and a police officer believes or apprehends on reasonable grounds that—\n\t(a)\tan offence of a kind that may pose a risk to public order and safety has been, or is about to be, committed by that person or by 1 or more of the persons in the group; or\n\t(b)\tthe presence of that person, or of the group of persons, poses a risk to public order and safety,\nthe officer may order that person, or persons in that group, to leave the area or vehicle.\n\t(2)\tAn order under subsection (1)—\n\t(a)\tmust be by notice in writing served on the person personally; and\n\t(b)\tmust be in a form approved by the Commissioner; and\n\t(c)\tmust specify the area to which the order relates or, if the order relates to a public transport vehicle, the public transport service which the vehicle is providing; and\n\t(d)\tmust comply with any other requirements set out in the regulations.\n\t(3)\tA person who, having been ordered to leave an area or vehicle pursuant to this section—\n\t(a)\tremains in the area or vehicle after having been so ordered; or\n\t(b)\tre‑enters, or attempts to re‑enter, the area or a vehicle providing the public transport service specified in the order within a 24 hour period commencing at the time the order was served on the person,\n\t(4)\tIf a person fails to leave an area or vehicle when ordered to under subsection (1), or re‑enters an area or uses a public transport service in contravention of subsection (3)(b), a police officer may use necessary and reasonable force to remove the person from the area or vehicle.\npublic order and safety has the same meaning as in section 66M.\n","sortOrder":30},{"sectionNumber":"Div 7","sectionType":"division","heading":"General provisions relating to operation of Part","content":"Division 7—General provisions relating to operation of Part\n66ZJ—General provisions relating to operation of Part\n\t(1)\tThe Commissioner must establish procedures to be followed by police officers in the exercise of powers under this Part, being procedures designed to prevent, as far as reasonably practicable, any undue delay, inconvenience or embarrassment to persons being subjected to the powers.\n\t(2)\tA police officer must ensure that any exercise of powers under this Part does not unreasonably interfere with a person's right to participate in lawful advocacy, protest, dissent or industrial action.\n\t(3)\tA police officer may, in exercising powers under this Part, be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of, and in the presence of, a police officer).\n\t(4)\tA police officer conducting a search under this Part may—\n\t(a)\tenter and remain in any premises or place necessary for the purpose of conducting the search; and\n\t(b)\tgive such directions as are reasonably necessary for, or incidental to, the effective conduct of the search; and\n\t(c)\tgive such directions as are reasonably necessary to determine the nature of anything found as a result of the search.\n\t(5)\tA police officer may only detain a person, by directions given under this Part, for so long as is reasonably necessary to carry out a search in relation to the person and any property in the possession of the person.\n\t(6)\tA person must not—\n\t(a)\thinder or obstruct a police officer, or a person accompanying a police officer, in the exercise of the powers conferred by this Part; or\n\t(b)\trefuse or fail to comply with a requirement made of the person, or a direction given to the person, under this Part.\n\t(7)\tTo avoid doubt, a search may be conducted in accordance with this Part whether or not it would be lawful to conduct a search in accordance with any other provision of this Act or any other Act or law.\n","sortOrder":31},{"sectionNumber":"Div 8","sectionType":"division","heading":"Miscellaneous","content":"Division 8—Miscellaneous\n66ZK—Reporting\nThe following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation) in respect of the period to which the report relates (the relevant period):\n\t(a)\tthe number of declarations made under this Part during the relevant period;\n\t(b)\tthe number of declarations revoked under this Part during the relevant period;\n\t(c)\tthe number of declarations in force at the end of the relevant period, and confirmation that the Commissioner remains satisfied that the criteria in respect of those declarations still applies;\n\t(d)\tthe number of metal detector searches carried out under this Part during the relevant period;\n\t(e)\tthe number of occasions on which a metal detector search carried out during the relevant period indicated the presence, or likely presence, of any metal;\n\t(f)\tthe number of occasions on which weapons or articles of a kind referred to in Part 3A were detected in the course of such searches and the types of weapons or articles so detected;\n\t(g)\tthe number of authorisations granted under section 66Y and 66Z during the relevant period and, in relation to each authorisation (identified by location and date)—\n\t(i)\tthe nature of the incident in relation to which the authorisation was granted; and\n\t(ii)\tthe number of people searched in the exercise of powers under the relevant section; and\n\t(iii)\twhether weapons or articles of a kind referred to in Part 3A were detected in the course of the exercise of powers under the relevant section; and\n\t(iv)\tthe types of weapons or articles so detected; and\n\t(v)\tin relation to an authorisation granted under section 66Y—whether the Commissioner gave consent under section 66Y(3);\n\t(h)\tany other information requested by the Minister.\n66ZL—Evidentiary provision\nIn any proceedings, an apparently genuine document purporting to be a certificate signed by the Commissioner and certifying that—\n\t(a)\ta particular event, area or public transport service was subject to an authorisation or declaration properly granted in accordance with this Part during a period specified in the certificate; or\n\t(b)\ta device used during a specified period to carry out metal detector searches within a specified area, or at a specified place, was a metal detector approved by the Commissioner,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n","sortOrder":32},{"sectionNumber":"Part 15","sectionType":"part","heading":"Police powers of entry, search etc","content":"Part 15—Police powers of entry, search etc\n67—General search warrants\n\t(1)\tDespite any law or custom to the contrary, the Commissioner may issue general search warrants to such police officers as the Commissioner thinks fit.\n\t(2)\tEvery such warrant must be in the form in Schedule 1, or in a form to the same effect, and must be signed by the Commissioner.\n\t(3)\tEvery such warrant will, subject to prior revocation by the Commissioner, remain in force for six months from the date of the warrant, or for a shorter period specified in the warrant.\n\t(4)\tThe police officer named in any such warrant may, at any time of the day or night, exercise all or any of the following powers:\n\t(a)\tthe officer may, with such assistants as he or she thinks necessary, enter into, break open and search any house, building, premises or place where he or she has reasonable cause to suspect that—\n\t(i)\tan offence has been recently committed, or is about to be committed; or\n\t(ii)\tthere are stolen goods; or\n\t(iii)\tthere is anything that may afford evidence as to the commission of an offence; or\n\t(iv)\tthere is anything that may be intended to be used for the purpose of committing an offence;\n\t(b)\tthe officer may break open and search any cupboards, drawers, chests, trunks, boxes, packages or other things, whether fixtures or not, in which he or she has reasonable cause to suspect that—\n\t(i)\tthere are stolen goods; or\n\t(ii)\tthere is anything that may afford evidence as to the commission of an offence; or\n\t(iii)\tthere is anything that may be intended to be used for the purpose of committing an offence;\n\t(c)\tthe officer may seize any such goods or things to be dealt with according to law.\n68—Power to search suspected vehicles, vessels, and persons\n\t(1)\tA police officer may do any or all of the following things, namely, stop, search and detain—\n\t(a)\ta vehicle or vessel in or upon which there is reasonable cause to suspect that—\n\t(i)\tthere are stolen goods; or\n\t(ii)\tthere is an object, possession of which constitutes an offence; or\n\t(iii)\tthere is evidence of the commission of an indictable offence;\n\t(b)\ta person who is reasonably suspected of having, on or about his or her person—\n\t(i)\tstolen goods; or\n\t(ii)\tan object, possession of which constitutes an offence; or\n\t(iii)\tevidence of the commission of an indictable offence.\nstolen goods includes goods obtained by the commission of an offence.\n68A—Power to search land for stolen vehicles etc\nA police officer may, if he or she has reasonable cause to suspect that a vehicle has been stolen or used without the consent of the owner and is on any land or premises, enter the land or premises and search for the vehicle, and, if it is found, examine it.\n69—Power to board vessels\nA police officer may, at any time of the day or night—\n\t(a)\tenter into or upon a vessel which is in any harbor, port, dock, river or creek and into or upon every part of the vessel; and\n\t(b)\tsearch and inspect the vessel; and\n\t(c)\tinspect and observe the conduct of all persons who are employed on board the vessel in or about the loading or unloading of the vessel; and\n\t(d)\ttake all such measures as are necessary for providing against fire and other accidents; and\n\t(e)\ttake all such measures as are necessary for preserving peace and good order and preventing or detecting the commission of offences on board the vessel.\n70—Power to stop and search vessels\nIf a police officer in charge of a police station or holding a rank not lower than sergeant has reasonable cause to suspect—\n\t(a)\tthat an offence has been, or is about to be, committed on board a vessel which is in any harbor, port, dock, river or creek; or\n\t(b)\tthat a person who has committed an offence, or against whom a warrant has been issued by a justice, is on board a vessel,\nthe officer may, at any time of the day or night, exercise all or any of the following powers:\n\t(c)\tthe officer may stop and detain that vessel;\n\t(d)\tthe officer may enter, at all times, with such constables as he or she thinks necessary, into and upon that vessel and every part of that vessel;\n\t(e)\tthe officer may search and inspect that vessel and in doing so take all necessary measures for the effectual prevention or detection of any such suspected offence and for the apprehension of any such suspected person;\n\t(f)\tthe officer may take into custody any person reasonably suspected of having committed an offence or liable to apprehension under paragraph (e);\n\t(g)\tthe officer may take charge of all property suspected to be stolen or otherwise unlawfully obtained.\n71—Power to apprehend persons committing offences on board ships\nA police officer holding a rank not lower than sergeant, or a constable, when so ordered by any such police officer or called upon by the master or chief officer of the vessel concerned, may—\n\t(a)\tenter into and upon a vessel which is in any harbor, port, dock, river or creek; and\n\t(b)\twithout any warrant, apprehend a person whom he or she finds drunk or committing an offence or whom he or she has reasonable cause to suspect of having committed an offence.\n72—Interpretation\nIn sections 69, 70 and 71—\nvessel means a ship, boat or other navigable vessel, not being a naval ship, boat or vessel.\n72D—Explosives offences—special powers\n\t(1)\tA police officer may—\n\t(a)\tat any time, enter and search any premises for the purpose of ascertaining whether a suspected offence against Part 3D of the Criminal Law Consolidation Act 1935 (an explosives offence) is being or has been committed; and\n\t(b)\tif reasonably necessary for that purpose, break into or open any part of the premises, or anything in or on the premises; and\n\t(c)\tfor the purposes of paragraph (a) or (b), require the driver of any vehicle, the master of any vessel or the pilot of any aircraft to stop that vehicle, vessel or aircraft; and\n\t(d)\tseize any property that may be intended to be used for the purpose of committing, or that may afford evidence as to the commission of, an offence (whether or not an explosives offence) to be dealt with according to law.\n\t(2)\tThe Commissioner may direct that property seized by a police officer exercising search powers under this section in relation to a suspected explosives offence (seized property) be destroyed, whether or not a person has been or is to be charged with an offence in relation to it.\n\t(3)\tProperty referred to in subsection (2) may be destroyed at the place at which it was seized or at any other suitable place.\n\t(4)\tIf a person is convicted of an offence in relation to property destroyed in accordance with subsection (2), the court may order the convicted person to pay the reasonable costs of destruction to the Commissioner.\n\t(5)\tIf the Magistrates Court, on application by a police officer, or any court hearing proceedings for an offence relating to seized property, finds that seized property was the subject of an explosives offence, the court may, by order, forfeit the property to the Crown.\n\t(6)\tProperty that is the subject of an order for forfeiture under this section may be sold, destroyed or otherwise disposed of as the Commissioner directs.\n\t(7)\tSubject to subsections (8) and (9), if seized property has not been forfeited to the Crown in proceedings commenced within the prescribed period after its seizure, a person from whose lawful possession the property was seized, or a person with legal title to it, is entitled to recover from the Commissioner (if necessary, by action in a court of competent jurisdiction) the property itself, or if it has been damaged or destroyed or has deteriorated, compensation of an amount equal to its market value at the time of its seizure.\n\t(8)\tSubsection (7) does not apply to property that has been destroyed under subsection (2).\n\t(9)\tDespite subsection (7), a court hearing proceedings under that subsection in relation to property that has not been destroyed under subsection (2) may, if it thinks fit, make an order under subsection (5) for forfeiture of the property to the Crown.\n\t(10)\tNothing in this section affects the operation of the Criminal Assets Confiscation Act 2005.\n\t(11)\tIn this section—\npremises means any land, building, structure, vehicle, vessel or aircraft;\nprescribed period means 2 years or such longer period as the Magistrates Court may, on application by a police officer, allow.\n72E—Explosives offences—analysis and evidence\n\t(1)\tThe Commissioner may appoint analysts for the purposes of analysing seized property.\n\t(2)\tThe Commissioner must develop, and publish on a website determined by the Commissioner, guidelines in relation to—\n\t(a)\tthe manner in which seized property may be analysed; and\n\t(b)\tthe keeping of records in relation to the analysis of seized property.\n\t(3)\tGuidelines published under subsection (2) may (without limitation) provide for an analysis of seized property to be undertaken by means of testing, physical examination, visual inspection of the property, or of photographs or films of the property, or in any other manner the Commissioner thinks fit, having regard to the need to protect the safety of any persons or property.\n\t(4)\tIn any proceedings for an explosives offence, an apparently genuine document purporting to be signed by an analyst and to certify that an analysis of seized property referred to in the certificate was carried out by, or under the supervision of, the analyst in accordance with guidelines published under subsection (2) will, in the absence of proof to the contrary, be proof of any facts stated in the certificate—\n\t(a)\ttending to identify the property analysed or the nature of the property analysed; and\n\t(b)\tas to the weight, amount or quantity of the property analysed; and\n\t(c)\trelating to the nature and results of the analysis.\n\t(5)\tIn any proceedings for an explosives offence, an apparently genuine document purporting to be signed by an analyst and to certify that a specified substance is an explosive substance within the meaning of Part 3D of the Criminal Law Consolidation Act 1935 will, in the absence of proof to the contrary, be proof of the matter certified.\n\t(6)\tIf the label on a container or vehicle states or indicates that it contains a dangerous substance then, in proceedings for an explosives offence, it is to be taken, in the absence of proof to the contrary—\n\t(a)\tthat the container or vehicle contains a dangerous substance of the description and in the quantity stated on the label; and\n\t(b)\tthat all other information on the label, or any other label on the container or vehicle, about the dangerous substance is true.\n\t(7)\tIn any proceedings for an explosives offence, an apparently genuine document purporting to be signed by the Commissioner and to certify that a person named in the certificate is an analyst will, in the absence of proof to the contrary, be proof of the matter certified.\n\t(8)\tIn this section—\ndangerous substance has the same meaning as in the Dangerous Substances Act 1979;\nexplosives offence has the same meaning as in section 72D;\nlabel, in relation to a container or vehicle, means any label, marking, placard or other information on the container or vehicle;\nseized property means seized property within the meaning of section 72D.\n72F—Annual report on explosives powers\nThe following information must be included in the annual report of the Commissioner under section 75 of the Police Act 1998 (other than in the year in which this section comes into operation):\n\t(a)\tthe number of occasions on which the search powers under section 72D were exercised during the period to which the report relates; and\n\t(b)\tthe number of occasions on which property was seized as a result of the exercise of those search powers and the nature of the property seized; and\n\t(c)\twhether any persons were charged with explosives offences (within the meaning of section 72D) in connection with the exercise of those search powers; and\n\t(d)\tany other information requested by the Minister.\n73—Power of police to remove disorderly persons from public venues\n\t(1)\tA police officer may enter a public venue and—\n\t(a)\torder any person who is behaving in a disorderly or offensive manner to leave; or\n\t(b)\tuse reasonable force to remove any person who is behaving in such a manner.\n\t(2)\tA person—\n\t(a)\twho remains in a public venue after having been ordered to leave pursuant to this section; or\n\t(b)\twho re-enters, or attempts to re-enter, a public venue within 24 hours of having left or having been removed from such a place pursuant to this section,\n74—Power to enter licensed premises etc\n\t(1)\tA police officer, when called upon by the holder of a licence under the Liquor Licensing Act 1997, may—\n\t(a)\tenter the premises to which the licence relates; and\n\t(b)\twithout any warrant, apprehend any person whom the officer finds drunk and behaving in a riotous or indecent manner or whom the officer finds fighting, or using threatening, abusive or insulting words, or behaving in a threatening, abusive or insulting manner.\n\t(2)\tThe powers conferred by subsection (1) are additional to powers conferred on a police officer by or under any other Act.\n74A—Power to require statement of name and other personal details\n\t(1)\tWhere a police officer has reasonable cause to suspect—\n\t(a)\tthat a person has committed, is committing, or is about to commit, an offence; or\n\t(b)\tthat a person may be able to assist in the investigation of an offence or a suspected offence,\nthe officer may require that person to state all or any of the person's personal details.\n\t(2)\tWhere a police officer has reasonable cause to suspect that a personal detail as stated in response to a requirement under subsection (1) is false, the officer may require the person making the statement to produce evidence of the correctness of the personal detail as stated.\n\t(3)\tA person who—\n\t(a)\trefuses or fails, without reasonable excuse, to comply with a requirement under subsection (1) or (2); or\n\t(b)\tin response to a requirement under subsection (1) or (2)—\n\t(i)\tstates a personal detail that is false; or\n\t(ii)\tproduces false evidence of a personal detail,\n\t(4)\tA police officer who has required a person to state all or any of the person's personal details under this section is required to comply with a request to identify himself or herself, by—\n\t(a)\tproducing his or her police identification; or\n\t(b)\tstating orally or in writing his or her surname, rank and identification number.\npersonal details, in relation to a person, means—\n\t(a)\tthe person's full name; and\n\t(b)\tthe person's date of birth; and\n\t(c)\tthe address of where the person is living; and\n\t(d)\tthe address of where the person usually lives; and\n\t(e)\tthe person's business address; and\n\t(f)\tif the police officer has reasonable cause to suspect that a person has committed, is committing, or is about to commit a sexual offence involving a child or children—the name and address of any place where that person works (whether as an employee, an independent contractor, a volunteer or in any other capacity).\n74AB—Questions as to identity of drivers etc\n\t(1)\tA police officer may ask a person questions for the purpose of obtaining information that may lead to the identification of the person who was driving, or was the owner of, a vehicle on a particular occasion or at a particular time.\n\t(a)\trefuses or fails, without reasonable excuse, to answer a question under subsection (1); or\n\t(b)\tin response to a question under subsection (1) gives an answer that is false or misleading in a material particular,\n\t(3)\tA police officer who has asked a person a question under this section is required to comply with a request to identify himself or herself, by—\n\t(a)\tproducing his or her police identification; or\n\t(b)\tstating orally or in writing his or her surname, rank and identification number.\n74B—Road blocks\n\t(2)\tWhere a senior police officer believes on reasonable grounds that the establishment of a road block at a particular place would significantly improve the prospects of apprehending a person—\n\t(a)\tsuspected of having committed a major offence; or\n\t(b)\twho has escaped from lawful detention,\nthe officer may authorise the establishment of a road block at that place.\n\t(3)\tAn authorisation under this section—\n\t(a)\toperates for an initial period (not exceeding 12 hours) specified by the officer granting the authorisation; and\n\t(b)\tmay be renewed from time to time by a magistrate for a further period (not exceeding 12 hours).\n\t(4)\tAn authorisation may be granted under this section orally or in writing but a written record must be kept of—\n\t(a)\tthe place at which the establishment of a road block was authorised;\n\t(b)\tthe period or periods for which the authorisation was granted or renewed;\n\t(c)\tthe grounds on which the authorisation was granted or renewed.\n\t(5)\tWhere a road block is authorised under this section, a police officer—\n\t(a)\tmay establish a road block (consisting of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles) at the place to which the authorisation relates;\n\t(b)\tmay stop vehicles at or in the vicinity of the road block;\n\t(c)\tmay require any person in any such vehicle to state his or her full name and address;\n\t(d)\tmay search the vehicle for the purpose of ascertaining whether the person for whose apprehension the road block was established is in or on the vehicle and give reasonable directions to any person in the vehicle for the purpose of facilitating the search;\n\t(e)\tmay take possession of any object found in the course of such a search that the officer suspects on reasonable grounds to constitute evidence of an offence.\n\t(6)\tWhere a police officer suspects on reasonable grounds that a name or address as stated in response to a requirement under subsection (5) is false, he or she may require the person making the statement to produce evidence of the correctness of the name or address as stated.\n\t(7)\tA person who—\n\t(a)\tfails, without reasonable excuse, to stop a vehicle at a road block when requested or signalled to do so; or\n\t(b)\tfails, without reasonable excuse, to comply with a requirement or direction under subsection (5) or (6); or\n\t(c)\tin response to a requirement under subsection (5) or (6)—\n\t(i)\tstates a name or address that is false; or\n\t(ii)\tproduces false evidence of his or her name or address,\n\t(8)\tIn proceedings for an offence against this section, a certificate apparently signed by a senior police officer stating—\n\t(a)\tthat an authorisation under this section was given or renewed for a specified period; and\n\t(b)\tthat the authorisation authorised the establishment of a road block at a specified place; and\n\t(c)\tthe grounds on which the authorisation was given or renewed,\nwill be accepted, in the absence of proof to the contrary, as proof of the matters stated in the certificate.\n\t(9)\tThe Commissioner must, as soon as practicable after each successive period of three months following the commencement of this section, submit a report to the Minister in relation to that period stating—\n\t(a)\tthe number of authorisations granted under this section during that period;\n\t(b)\tin relation to each authorisation granted during that period—\n\t(i)\tthe place at which the establishment of a road block was authorised;\n\t(ii)\tthe period or periods for which the authorisation was granted or renewed;\n\t(iii)\tthe grounds on which the authorisation was granted or renewed;\n\t(c)\tany other matters the Commissioner considers relevant.\n\t(10)\tThe Minister must cause copies of a report under subsection (9) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament.\n74BAA—Vehicle immobilisation devices\n\t(1)\tIf an authorised police officer believes on reasonable grounds that—\n\t(a)\t—\n\t(i)\tthe driver of a motor vehicle has disobeyed, or is likely to disobey, a request or signal to stop given under this or any other Act; or\n\t(ii)\tthe use of a vehicle immobilisation device would significantly improve the prospects of apprehending a person—\n\t(A)\tsuspected of having committed a major offence; or\n\t(B)\twho has escaped from lawful detention; and\n\t(b)\ta vehicle immobilisation device can be used without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle,\nthe officer may use a vehicle immobilisation device.\n\t(2)\tThe Governor may, by regulation made on the recommendation of the Minister, declare a device of a specified kind to be a vehicle immobilisation device.\n\t(3)\tThe Minister must not recommend that a device be declared a vehicle immobilisation device unless satisfied that—\n\t(a)\tthe device has been adequately tested in the State or in conditions similar to those found in the State; and\n\t(b)\tthe device can, at an appropriate range of speeds, immobilise a target motor vehicle without undue risk to occupants of the vehicle or persons in the vicinity of the vehicle.\nauthorised police officer means a police officer authorised by the Commissioner for the purposes of this section;\nvehicle immobilisation device means a device declared by regulation to be a vehicle immobilisation device for the purposes of this section.\n74BAAB—Use of detection aids in searches\n\t(1)\tA police officer may, in exercising powers under this Part, use a drug detection dog, an electronic drug detection system, a metal detector or any other system or device designed to assist in the detection of objects or substances.\ndrug detection dog has the same meaning as in the Controlled Substances Act 1984;\nelectronic drug detection system has the same meaning as in the Controlled Substances Act 1984.\nPart 16—Fortifications\n74BA—Interpretation\nIn this Part, unless the contrary intention appears—\nCourt means the Magistrates Court of South Australia;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ndeclared organisation has the same meaning as in the Serious and Organised Crime (Control) Act 2008;\nfortification means any security measure that involves a structure or device forming part of, or attached to, premises that—\n\t(a)\tis intended or designed to prevent or impede police access to the premises; or\n\t(b)\thas, or could have, the effect of preventing or impeding police access to the premises and is excessive for the particular type of premises,\nand fortified has a corresponding meaning;\nfortification removal order means an order under section 74BB;\nmember, in relation to a declared organisation, has the same meaning as in the Serious and Organised Crime (Control) Act 2008;\noccupier, in relation to premises, means a person who has, or is entitled to, possession or control of the premises;\npremises includes—\n\t(a)\tland; and\n\t(b)\ta building or structure on land; and\n\t(c)\ta part of premises;\nserious criminal offence means—\n\t(a)\tan indictable offence; or\n\t(b)\tan offence prescribed by regulation for the purposes of this definition.\n74BB—Fortification removal order\n\t(1)\tIf, on the application of the Commissioner, the Court is satisfied that—\n\t(a)\tpremises named in the application are fortified; and\n\t(b)\t—\n\t(i)\tthe fortifications have been created in contravention of the Development Act 1993; or\n\t(ii)\tthere are reasonable grounds to believe the premises are being, have been, or are likely to be, used—\n\t(A)\tfor or in connection with the commission of a serious criminal offence; or\n\t(B)\tto conceal evidence of a serious criminal offence; or\n\t(C)\tto keep the proceeds of a serious criminal offence; or\n\t(iii)\tthe premises—\n\t(A)\tare owned by a declared organisation or a member of a declared organisation; or\n\t(B)\tare occupied or habitually used as a place of resort by members of a declared organisation,\nthe Court may issue a fortification removal order in respect of the premises.\n\t(2)\tA fortification removal order is directed to the occupier of the premises or, if there is more than one occupier, any one or more of the occupiers of the premises, and requires the named occupier or occupiers to remove or modify the fortifications, as specified in the order.\n\t(3)\tA fortification removal order may be issued on an application made without notice to any person.\n\t(4)\tThe grounds of an application for a fortification removal order must be verified by affidavit.\n74BC—Content of fortification removal order\n\t(1)\tA fortification removal order must include—\n\t(a)\ta statement to the effect that specified fortifications at the premises must be removed or modified, as directed by the Court, within a period of time fixed by the order (which may not be less than 14 days after service of the order); and\n\t(b)\tsubject to subsection (2)—a statement of the grounds on which the order has been issued; and\n\t(c)\tan explanation of the right of objection under section 74BE; and\n\t(d)\tan explanation of the Commissioner's power to enforce the order under section 74BI.\n\t(2)\tA statement of the grounds on which a fortification removal order has been issued must not contain information the disclosure of which would be inconsistent with a decision of the Court under section 74BGA.\n\t(3)\tA copy of the affidavit verifying the grounds on which the application was made must be attached to the fortification removal order unless disclosure of information included in the affidavit would be inconsistent with a decision of the Court under section 74BGA.\n\t(4)\tIf disclosure of information included in the affidavit would be inconsistent with a decision of the Court under section 74BGA, an edited copy of the affidavit, from which the information that cannot be disclosed has been removed or erased, may be attached to the fortification removal order.\n74BD—Service of fortification removal order\n\t(1)\tA fortification removal order must be served on the occupier or occupiers named in the order.\n\t(2)\tIf the owner of the premises in relation to which a fortification removal order has been made is not named in the order, a copy of the order must be served on the owner.\n\t(3)\tSubject to subsection (4), service of a fortification removal order must be effected personally or by registered post.\n\t(4)\tIf service cannot be promptly effected, it will be sufficient service for the Commissioner to affix a copy of the fortification removal order to the premises at a prominent place at or near to the entrance to the premises.\n74BE—Right of objection\n\t(1)\tSubject to subsection (2), a person on whom a fortification removal order has been served may, within 14 days of service of the order, lodge a notice of objection with the Court.\n\t(2)\tA notice of objection cannot be lodged if a notice has previously been lodged in relation to the fortification removal order (unless proceedings in relation to the earlier notice have been discontinued).\n\t(3)\tThe grounds of the objection must be stated fully and in detail in the notice of objection.\n\t(4)\tA copy of the notice of objection must be served by the objector on the Commissioner personally or by registered post at least 7 days before the day appointed for hearing of the notice.\n74BF—Procedure on hearing of notice of objection\n\t(1)\tIn any proceedings in relation to a notice of objection, the Court must, if convenient to the Court, be constituted of the Magistrate who issued the fortification removal order to which the notice of objection relates.\n\t(2)\tThe Court must, when determining a notice of objection, consider whether, in the light of the evidence presented by both the Commissioner and the objector, sufficient grounds exist to satisfy the Court as to the requirements of section 74BB(1).\n\t(3)\tThe Court may, on hearing a notice of objection, confirm, vary or withdraw the fortification removal order.\n\t(4)\tIf, on the hearing of a notice of objection, the fortification removal order is confirmed or varied, the period of time allowed for compliance with the order, as fixed by the order, is (unless the Court specifies otherwise) taken to commence on the day of the Court's determination.\n74BG—Appeal\n\t(1)\tThe Commissioner or an objector may appeal to the Supreme Court against a decision of the Court on a notice of objection.\n\t(2)\tAn appeal lies as of right on a question of law and with permission on a question of fact.\n\t(3)\tAn appeal must be commenced within the time, and in accordance with the procedure, prescribed by rules of the Supreme Court.\n\t(4)\tIf an appeal is commenced under this section, enforcement of the fortification removal order is stayed until proceedings in relation to the appeal are finalised.\n\t(5)\tIf an appeal under this section results in confirmation or variation of the fortification removal order, the period of time allowed for compliance with the order, as fixed by the order, is (unless the Supreme Court specifies otherwise) taken to commence on the day of the Supreme Court's decision.\n74BGA—Criminal intelligence\nIn any proceedings under this Part, the court determining the proceedings—\n\t(a)\tmust, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent.\n74BH—Withdrawal notice\n\t(1)\tIf the Commissioner determines that a fortification removal order will not be enforced, the Commissioner must lodge a withdrawal notice with the Court.\n\t(2)\tThe withdrawal notice must identify the premises, refer to the fortification removal order and state that the Commissioner has decided not to enforce the order.\n\t(3)\tThe withdrawal notice must be served on the occupier or occupiers named in the order and all persons on whom a copy of the fortification removal order was served.\n\t(4)\tThe withdrawal notice may be served in any way that section 74BD would enable a fortification removal order to be served.\n74BI—Enforcement\n\t(1)\tIf, in relation to a fortification removal order—\n\t(a)\ta withdrawal notice is not lodged; and\n\t(b)\t—\n\t(i)\ta notice of objection is not lodged; or\n\t(ii)\tthe fortification removal order is confirmed or varied by the Court under section 74BF and an appeal in relation to the decision of the Court is not commenced; or\n\t(iii)\tan appeal under section 74BG results in confirmation or variation of the fortification removal order; and\n\t(c)\tthe fortifications at the premises are not, within the period of time specified in the fortification removal order or any further time allowed by the Commissioner under subsection (2), removed or modified to the extent necessary to satisfy the Commissioner that there has been compliance with the order,\nthe Commissioner may cause the fortifications to be removed or modified to the extent required by the order.\n\t(2)\tThe Commissioner may extend the time allowed by the order if, before the time allowed elapses, application is made to the Commissioner for it to be extended.\n\t(3)\tFor the purposes of causing fortifications to be removed or modified, the Commissioner, or any police officer authorised by the Commissioner for the purposes of this section, may do one or more of the following:\n\t(a)\tenter the premises without warrant;\n\t(b)\tobtain expert or technical advice;\n\t(c)\tmake use of any person or equipment he or she considers necessary.\n\t(4)\tThe Commissioner may seize anything that can be salvaged in the course of removing or modifying fortifications under this section, and may sell or dispose of it as the Commissioner considers appropriate.\n\t(5)\tThe proceeds of any sale under subsection (4) are forfeited to the State and, to the extent that they are insufficient to meet the costs incurred by the Commissioner under this section, the Commissioner may recover those costs as a debt from any person who caused the fortifications to be created.\n74BJ—Hindering removal or modification of fortifications\n\t(1)\tA person must not do anything with the intention of preventing, obstructing, interfering with or delaying the removal or modification of fortifications in accordance with a fortification removal order.\n\t(2)\tSubsection (1) applies to the removal or modification of fortifications by a person who—\n\t(a)\tis, or is acting for or on the instructions of, an occupier or owner of the premises; or\n\t(b)\tis acting under section 74BI.\n74BK—Liability for damage\n\t(1)\tSubject to subsection (2), no action lies against the Crown or any person for damage to property resulting from enforcement of a fortification removal order.\n\t(2)\tHowever, an owner of premises may recover the reasonable costs associated with repair or replacement of property damaged as a result of creation of fortifications or enforcement of a fortification removal order as a debt from any person who caused the fortifications to be created.\n74BL—Delegation\nThe Commissioner may delegate any of the Commissioner's functions or powers under this Part to any police officer holding a rank not lower than that of inspector, subject to any limitations or conditions that the Commissioner thinks it proper to impose.\n74BM—Application of Part\n\t(1)\tIf the provisions of this Part are inconsistent with any other Act or law, the provisions of this Part prevail.\n\t(2)\tNo application for approval is required under the Development Act 1993 for work required by a fortification removal order.\nPart 16A—Access to data held electronically\n74BN—Interpretation\nchild exploitation offence means—\n\t(a)\tan offence against Part 3 Division 11A of the Criminal Law Consolidation Act 1935; or\n\t(b)\tany other offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest;\ncomputer includes a tablet, mobile phone and any other electronic device that is capable of connecting to the internet;\ncriminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;\ndata includes—\n\t(a)\tinformation in any form; and\n\t(b)\tany program or part of a program;\ndata storage device means any article, material or thing (for example, a disk or file server) from which information is capable of being reproduced, with or without the aid of any other article or device;\n\t(a)\ta child exploitation offence; or\n\t(b)\tan offence against section 37A of the Firearms Act 2015.\n\t(2)\tFor the purposes of this Part, data held on a computer or data storage device, includes data held on a remote computer or remote data storage device (for example, a cloud storage system) that is accessible from the computer or data storage device.\n\t(3)\tWithout limiting the type of information or assistance that may be required to be provided for the purposes of an order under this Part, information or assistance may include the provision of fingerprints and retinal or facial scans.\n74BO—Interaction with other Acts or laws\nThe provisions of this Part are in addition to, and do not limit or derogate from, this or any other Act or law.\n74BP—Extraterritorial operation\nIt is the intention of the Parliament that this Part apply within the State and outside the State to the full extent of the extraterritorial legislative capacity of the Parliament.\n74BQ—Order not required if information or assistance provided voluntarily\nAn order is not required under this Part if information or assistance of a kind referred to in section 74BR(1) is, at the request of a police officer or otherwise, provided by a person voluntarily, and any evidence or information obtained by such voluntary provision of information or assistance is to be treated as if it were obtained by the lawful exercise of powers pursuant to an order under this Part.\n74BR—Order to provide information or assistance to access data held on computer etc\n\t(1)\tA magistrate may, on application by a police officer, make an order requiring a person (the specified person) to provide any information or assistance that is reasonable or necessary to allow a police officer to do 1 or more of the following:\n\t(a)\taccess, examine, or perform any function in relation to, any data held on any computer or data storage device;\n\t(b)\tcopy data held on any computer or data storage device to another computer or data storage device;\n\t(c)\treproduce or convert data held on any computer or data storage device into documentary form or another form that enables it to be understood by the police officer.\n\t(2)\tThe specified person is not a party to proceedings under this section.\n\t(3)\tThe magistrate may make the order if satisfied that—\n\t(a)\tthere are reasonable grounds to suspect that data held on a computer or data storage device may afford evidence of a prescribed offence; and\n\t(b)\tthe specified person is—\n\t(i)\treasonably suspected of having committed a prescribed offence in relation to which the order is sought; or\n\t(ii)\tthe owner or lessee of the computer or data storage device; or\n\t(iii)\tan employee of the owner or lessee of the computer or data storage device; or\n\t(iv)\ta person engaged under a contract for services by the owner or lessee of the computer or data storage device; or\n\t(v)\ta person who uses or has used the computer or data storage device; or\n\t(vi)\ta person who is, or was, a system administrator for the system including the computer or data storage device; and\n\t(c)\tthe specified person has relevant knowledge of—\n\t(i)\tthe computer, data storage device or a computer network of which the computer or device forms or formed a part; or\n\t(ii)\tmeasures applied to protect data held on the computer or data storage device.\n\t(4)\tThe order—\n\t(a)\tneed not identify any particular computer or data storage device in respect of which it applies; and\n\t(b)\tneed not specify the particular information or assistance to be provided; and\n\t(c)\tmay specify the period within which the specified person must provide the information or assistance; and\n\t(d)\tmay provide that the specified person provide information or assistance at a place at which a computer or data storage device has been, or is to be, lawfully removed; and\n\t(e)\tmay specify any conditions to which the requirement to provide information or assistance is subject.\n\t(5)\tA statement of the grounds on which an order has been made must not contain information, the disclosure of which would be inconsistent with a decision of a magistrate under section 74BU.\n\t(6)\tAn order may be made in respect of a child exploitation offence suspected of having been committed, or alleged to have been committed, before or after the commencement of this Part.\n74BS—Application for order\n\t(1)\tAn application for an order must—\n\t(a)\tstate the applicant's full name and official details; and\n\t(b)\tstate the name of the person to whom the order will apply; and\n\t(c)\tstate the nature of the prescribed offence that is suspected to have been committed, and in relation to which the order is required; and\n\t(d)\tstate the grounds on which the applicant suspects that the offence has been committed; and\n\t(e)\tstate the grounds on which the applicant suspects that any data held on a computer or data storage device is or may be relevant to the offence; and\n\t(f)\tstate the grounds on which the applicant suspects that the specified person has knowledge relevant to gaining access to any data held on a computer or data storage device; and\n\t(g)\tinclude any other prescribed information.\n\t(2)\tSubject to section 74BT, an application for an order must be accompanied by an affidavit made by the applicant, verifying the grounds of the application.\n74BT—Order required in urgent circumstances\n\t(1)\tIf a police officer considers that an order under section 74BR is required urgently, either because of serious or urgent circumstances, or to prevent concealment, alteration, loss or destruction of data held on a computer or data storage device that may afford evidence of a prescribed offence, the police officer may make an application in accordance with subsection (2) and may—\n\t(a)\trequire a person who is reasonably suspected of having committed that offence to remain at a particular place, or accompany the officer to the nearest police station, for—\n\t(i)\tso long as may be necessary for an application for an order to be made to, and considered by, a magistrate in accordance with subsection (2), and if the order is made, for the order to be served on the person; or\n\t(ii)\t4 hours,\nwhichever is the lesser; and\n\t(b)\trequire that the person, for the period referred to in paragraph (a), not use or access a computer, data storage device, telephone or other means of electronic communication, other than to contact a legal practitioner for the purpose of obtaining legal advice, or in accordance with any directions of a police officer; and\n\t(c)\tif the person refuses or fails to comply with either or both such requirements, or the police officer forms a reasonable suspicion that either or both such requirements will not be complied with, arrest and detain the person in custody (without warrant) for the period referred to in paragraph (a).\n\t(2)\tThe following provisions apply to an order under this Part that is required in urgent circumstances:\n\t(a)\tapplication may be made to a magistrate by telephone and must include—\n\t(i)\tthe information required under section 74BS(1); and\n\t(ii)\tdetails of the circumstances giving rise to the urgency of the application; and\n\t(iii)\tany other information required by the magistrate to determine the application;\n\t(b)\tthe magistrate is entitled to assume the accuracy of the information as to the applicant's identity and official details supplied by the applicant without further inquiry;\n\t(c)\tif the magistrate is satisfied as to the grounds for making the order, the magistrate must inform the applicant of the facts that justify, in the magistrate's opinion, the making of the order, and must not proceed to make the order unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the magistrate may proceed to make the order and, subject to subsection (3), note on the order, the facts that justify, in the opinion of the magistrate, the making of the order and informing the applicant of the terms of the order;\n\t(e)\tthe order is to be taken to have been made, and comes into force, when signed by the magistrate;\n\t(f)\tthe applicant must, as soon as reasonably practicable after the making of the order, forward to the magistrate an affidavit verifying the facts referred to in paragraph (c);\n\t(g)\tthe magistrate must, as soon as reasonably practicable after the making of the order, forward a copy of the order to the applicant.\n\t(3)\tA statement of the grounds on which an order has been made must not contain information, the disclosure of which would be inconsistent with a decision of a magistrate under section 74BU.\n74BU—Criminal Intelligence\n\t(1)\tIn any proceedings under this Part the magistrate determining the proceedings—\n\t(a)\tmust, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and\n\t(b)\tmay take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of superintendent.\n\t(2)\tThe duties imposed on a magistrate by subsection (1) in relation to proceedings under this Part apply to any court dealing with information properly classified under this Part as criminal intelligence or with the question of whether information has been properly classified under this Part by the Commissioner of Police as criminal intelligence.\n\t(3)\tThe Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Part except to a Deputy Commissioner or Assistant Commissioner of Police.\n74BV—Service of order\nA copy of an order under this Part must be served personally on the person to whom it applies as soon as reasonably practicable after it is made, and in any event, before the period specified (if any) in the order within which the assistance or information is to be provided.\n74BW—Effect and operation of order\n\t(1)\tA person who is served with an order under this Part commits an offence if the person, without reasonable excuse, contravenes or fails to comply with the order.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA person is not excused from complying with an order on the ground that to do so may result in information being provided that might incriminate the person.\n\t(3)\tDespite any other Act or law, evidence or information relating to a child exploitation offence obtained by the lawful exercise of powers pursuant to an order under this Part made in relation to such an offence, and evidence or information relating to a child exploitation offence obtained incidentally to such an exercise of powers—\n\t(a)\tmay be used by law enforcement and prosecution authorities for the purposes of investigating and prosecuting any child exploitation offence; and\n\t(b)\tis not inadmissible in proceedings before a court in relation to a child exploitation offence merely because the order under this Part was obtained in relation to a different child exploitation offence.\n\t(3a)\tDespite any other Act or law, evidence or information relating to an offence against section 37A of the Firearms Act 2015 obtained by the lawful exercise of powers pursuant to an order under this Part made in relation to such an offence, and evidence or information relating to an offence against section 37A of the Firearms Act 2015 obtained incidentally to such an exercise of powers—\n\t(a)\tmay be used by law enforcement and prosecution authorities for the purposes of investigating and prosecuting any offence against section 37A of the Firearms Act 2015; and\n\t(b)\tis not inadmissible in proceedings before a court in relation to an offence against section 37A of the Firearms Act 2015 merely because the order under this Part was obtained in respect of a different offence against that section.\n\t(4)\tA police officer may be assisted by such other persons in the exercise of powers pursuant to an order under this Part as the officer considers necessary in the circumstances.\n74BX—Impeding investigation by interfering with data\n\t(1)\tA person commits an offence if the person, without lawful authority or reasonable excuse, alters, conceals or destroys data—\n\t(a)\theld on a computer or data storage device in respect of which an order has been, or is to be, made under this Part; and\n\t(b)\tthat may be, or could reasonably be expected to be, evidence of an offence,\nand in so doing, the person intends that, or is recklessly indifferent as to whether—\n\t(c)\tthe investigation of the commission of an offence by another person is impeded or prejudiced; or\n\t(d)\tanother person is assisted to avoid apprehension or prosecution for an offence; or\n\t(e)\tthe likelihood that another person is apprehended or prosecuted for an offence is reduced.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA person who is served with an order under this Part commits an offence if the person, without lawful authority or reasonable excuse—\n\t(a)\talters, conceals or destroys data; or\n\t(b)\tcauses another person to alter, conceal or destroy data,\nheld on a computer or data storage device in respect of which the order was made and in so doing, or in causing the other person to so do, the person intends that, or is recklessly indifferent as to whether, the investigation of the commission of an offence is impeded or prejudiced. \nMaximum penalty: Imprisonment for 10 years.\n\t(3)\tA person who voluntarily provides, or purports to provide, information or assistance of a kind referred to in section 74BR(1) commits an offence if the information or assistance causes data held on a computer or data storage device to be, without lawful authority or reasonable excuse, altered, concealed or destroyed, and in so doing the person intends that, or is recklessly indifferent as to whether, the investigation of the commission of an offence is impeded or prejudiced.\nMaximum penalty: Imprisonment for 10 years.\n74BY—Reporting\n\t(1)\tThe Commissioner of Police must, on or before 30 September in each year (other than the calendar year in which this section comes into operation), provide a report to the Minister specifying the following information in relation to the financial year ending on the preceding 30 June:\n\t(a)\thow many applications were made by police officers under section 74BR, and of those applications, how many were granted, withdrawn or refused;\n\t(b)\thow many applications were made by police officers by telephone under section 74BT, and of those applications, how many were granted, withdrawn or refused;\n\t(c)\tin relation to orders made during that year following application by police officers—\n\t(i)\ta general description of the prescribed offences in relation to which the orders were made; and\n\t(ii)\ta general description of the types of computers and data storage devices, and the number of such computers and devices, in relation to which information or assistance was provided under each order; and\n\t(iii)\tthe number of orders (if any) not complied with;\n\t(d)\twhether any persons were charged with a prescribed offence during that year on the basis (or partly on the basis) of information or evidence obtained as a result of information or assistance provided under an order;\n\t(e)\tany other information prescribed by regulation or specified by the Minister.\n\t(2)\tThe Commissioner of Police must keep such records as are necessary to enable compliance with this section.\n\t(3)\tThe Minister must, within 12 sitting days after receipt of a report under this section, cause a copy of the report to be laid before both Houses of Parliament.\n74BZ—Review of Part\n\t(1)\tThe Minister must, as soon as is practicable after the third anniversary of the commencement of this Part, appoint a retired judicial officer to conduct a review of the operation and effectiveness of this Part since its commencement.\n\t(2)\tThe Minister and the Commissioner of Police must ensure that the person appointed to conduct the review is provided with such information as the person may require for the purposes of conducting the review.\n\t(3)\tThe person conducting the review must maintain the confidentiality of information provided to the person that is classified by the Commissioner of Police as criminal intelligence under this or any other Act.\n\t(4)\tA report on the review must be submitted to the Minister within 4 months of the commencement of the review.\n\t(5)\tThe Minister must, within 12 sitting days after receiving the report, cause a copy of the report to be laid before both Houses of Parliament.\njudicial officer means a person appointed as a judge of the Supreme Court or the District Court or a person appointed as a judge of another State or Territory or of the Commonwealth.\n","sortOrder":33},{"sectionNumber":"Part 17","sectionType":"part","heading":"Recording of interviews","content":"Part 17—Recording of interviews\nDivision 1—Interpretation\n74C—Interpretation\ninterview includes—\n\t(a)\ta conversation; or\n\t(b)\tpart of a conversation; or\n\t(c)\ta series of conversations,\nbut does not include an examination under the Independent Commission Against Corruption Act 2012;\ninvestigating officer means—\n\t(a)\ta police officer; or\n\t(ab)\tan investigator under the Independent Commission Against Corruption Act 2012; or\n\t(b)\ta person authorised under an Act to investigate offences and arrest suspected offenders.\nDivision 2—Recording interviews with suspects\n74D—Obligation to record interviews with suspects\n\t(1)\tAn investigating officer who suspects, or has reasonable grounds to suspect, a person (the suspect) of having committed an indictable offence and who proposes to interview the suspect must ensure the following requirements are complied with:\n\t(a)\tif it is reasonably practicable to make an audio visual record of the interview, an audio visual record of the interview must be made;\n\t(b)\tif it is not reasonably practicable to make an audio visual record of the interview but it is reasonably practicable to make an audio record of the interview, an audio record of the interview must be made;\n\t(c)\tif it is not reasonably practicable to make either an audio visual record or audio record of the interview—\n\t(i)\ta written record of the interview must be made at the time of the interview or as soon as practicable after the interview; and\n\t(ii)\tas soon as practicable after the interview, the record must be read aloud to the suspect and an audio visual record made of the reading; and\n\t(iii)\twhen the audio visual recording begins (but before the reading begins) the suspect must be invited to interrupt the reading at any time to point out errors or omissions in the record; and\n\t(iv)\tif the suspect in fact interrupts the reading to point out an error or omission, the suspect must then be allowed a reasonable opportunity to do so; and\n\t(v)\tat the end of the reading, but while the audio visual recording continues, the suspect must again be invited to point out errors or omissions in the record and allowed a reasonable opportunity to do so; and\n\t(vi)\tif the investigating officer agrees that there is an error or omission in the record, the officer must amend the record to correct the error or omission and if the officer does not agree that there is an error or omission in the record, the officer must nevertheless make a note of the error or omission asserted by the suspect in an addendum to the record of interview.\n\t(2)\tIf the suspicion, or a reasonable ground for suspicion, arises during the course of an interview, the investigating officer's obligations under subsection (1) arise at that point and apply to the interview from that point.\n\t(3)\tIn deciding whether it is reasonably practicable to make an audio visual record or audio record of an interview, the following matters must be considered:\n\t(a)\tthe availability of recording equipment within the period for which it would be lawful to detain the person being interviewed;\n\t(b)\tmechanical failure of recording equipment;\n\t(c)\ta refusal of the interviewee to allow an audio visual record or audio record of the interview to be made;\n\t(d)\tany other relevant matter.\n\t(4)\tAs soon as practicable after an audio visual record or audio record of an interview is made under this Part, the investigating officer must give the suspect a written statement—\n\t(a)\tif an audio visual record was made—of the right of the suspect or the suspect's legal adviser (or both) to view the recording and to obtain from the audio visual record an audio record; or\n\t(b)\tif an audio record but no audio visual record was made—of the right of the suspect to obtain a copy of the audio record.\n\t(5)\tArrangements must be made, at the request of a suspect, for the playing of an audio visual record at a reasonable time and place to be nominated by an appropriate investigating officer.\n\t(6)\tA suspect must be provided, on request and on payment of the fee fixed by regulation, with—\n\t(a)\tan audio record of the audio visual record of an interview with the suspect under this Division; or\n\t(b)\ta copy of an audio record of an interview with the suspect under this Division.\n74E—Admissibility of evidence of interview\n\t(1)\tIn proceedings for an indictable offence, evidence of an interview between an investigating officer and the defendant is inadmissible against the defendant unless—\n\t(a)\tthe investigating officer complied with this Division; or\n\t(b)\tthe court is satisfied that the interests of justice require the admission of the evidence despite the investigating officer's non-compliance.\n\t(2)\tIf, in the course of a trial by jury, the court admits evidence of an interview under subsection (1)(b), the court must—\n\t(a)\tdraw the jury's attention to the non-compliance by the investigating officer; and\n\t(b)\tgive an appropriate warning in view of the non-compliance,\nunless the court is of the opinion that the non-compliance was trivial.\nDivision 3—Recording interviews with certain vulnerable witnesses\n74EA—Application and interpretation\n\t(1)\tThis Division applies to a person being interviewed as a potential witness who is—\n\t(a)\ta child of or under the age of 14 years; or\n\t(b)\ta person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions.\n\t(1a)\tThis Division also applies to a person (not being a person described in subsection (1)) who is being interviewed as the victim of an alleged child sexual offence.\n\t(2)\tIn this Division—\nchild sexual offence means a sexual offence committed in relation to a person under the age of 18 years;\nserious offence against the person means—\n\t(a)\tmurder or attempted murder; or\n\t(b)\tmanslaughter or attempted manslaughter; or\n\t(c)\ta sexual offence; or\n\t(d)\t—\n\t(ai)\tan offence of criminal neglect under section 14 of the Criminal Law Consolidation Act 1935; or\n\t(i)\tan offence of stalking and harassment under section 19AA of the Criminal Law Consolidation Act 1935; or\n\t(ii)\tan offence of causing serious harm under section 23 of the Criminal Law Consolidation Act 1935; or\n\t(iia)\tan offence of causing harm under section 24 of the Criminal Law Consolidation Act 1935; or\n\t(iii)\tan offence involving an unlawful threat to kill or endanger life; or\n\t(iv)\tan offence involving abduction; or\n\t(v)\tan offence involving blackmail; or\n\t(vi)\tan attempt to commit, or assault with intent to commit, any of the offences in the preceding subparagraphs; or\n\t(e)\tan offence of contravening or failing to comply with an intervention order under the Intervention Orders (Prevention of Abuse) Act 2009; or\n\t(f)\tan offence of contravening or failing to comply with a restraining order under the Summary Procedure Act 1921;\nsexual offence means—\n\t(a)\trape; or\n\t(b)\tcompelled sexual manipulation; or\n\t(c)\tindecent assault; or\n\t(d)\tany offence involving unlawful sexual intercourse or an act of gross indecency; or\n\t(e)\tincest; or\n\t(f)\tany offence involving sexual exploitation or abuse of a child, or exploitation of a child as an object of prurient interest; or\n\t(g)\tan offence of sexual exploitation of a person with a cognitive impairment under section 51 of the Criminal Law Consolidation Act 1935; or\n\t(h)\tany attempt to commit, or assault with intent to commit, any of the foregoing offences.\n74EB—Obligation to record interviews with certain vulnerable witnesses\nIf a person to whom this Division applies is to be interviewed as a potential witness in relation to the investigation of a serious offence against the person, the interview must be conducted as follows:\n\t(a)\tan audio visual recording of the interview must be made in accordance with the regulations;\n\t(b)\tthe interview must be conducted by a prescribed interviewer;\n\t(c)\tthe manner in which the interview is conducted must meet the prescribed requirements to the prescribed extent.\n74EC—Admissibility of evidence of interview\n\t(1)\tIn proceedings for a charge of a serious offence against the person, evidence of an interview between a prescribed interviewer and a person to whom this Division applies is inadmissible unless—\n\t(a)\tthe prescribed interviewer complied with this Division in relation to the conduct and recording of the interview; or\n\t(b)\tthe court is satisfied that the interests of justice require the admission of the evidence despite the prescribed interviewer's non‑compliance.\n\t(1a)\tIf a person to whom this Division applies is to be interviewed as a potential witness in relation to the investigation of any other offence, evidence of the interview may be admissible under section 13BA of the Evidence Act 1929 if—\n\t(a)\tan audio visual recording of the interview is made in accordance with the regulations; and\n\t(b)\tthe interview is conducted by a prescribed interviewer; and\n\t(c)\tthe manner in which the interview is conducted meets the prescribed requirements to the prescribed extent.\n\t(1b)\tIf a prescribed interviewer's conduct and recording of an interview does not meet the requirements of subsection (1a)(c), the court may nevertheless admit evidence of the interview if satisfied that the interests of justice require the admission of the evidence despite the prescribed interviewer's non‑compliance.\n\t(2)\tIf, in the course of a trial by jury, the court admits evidence of an interview under subsection (1)(b) or (1b), the court must—\n\t(a)\tdraw the jury's attention to the non‑compliance by the prescribed interviewer; and\n\t(b)\tgive an appropriate warning in view of the non‑compliance,\nunless the court is of the opinion that the non‑compliance was trivial.\nDivision 4—Miscellaneous\n74F—Prohibition on playing recordings of interviews\nA person must not play to another person an audio visual record or audio record of an interview or part of an interview made under this Part except where the recording is played—\n\t(a)\tfor purposes related to the investigation of an offence; or\n\t(b)\tfor the purposes of, or purposes related to, legal proceedings, or proposed legal proceedings, to which the interview is relevant; or\n\t(c)\twith the permission of a court before which the recording has been tendered in evidence1.\n1\tFor example, the court might permit the use of a recording for the purpose of instructing investigating officers in relation to duties under this Division.\n74G—Non-derogation\nThis Part does not—\n\t(a)\tmake evidence admissible that would otherwise be inadmissible; or\n\t(b)\taffect the court's discretion to exclude evidence.\n74H—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Part.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprescribe a person or class of persons to be a prescribed interviewer for the purposes of section 74EB by reference to the office or position held by the person, or the person's training or experience, or any combination of those criteria; and\n\t(b)\tmake provision for a person to whom Division 2 or 3 applies to be accompanied during an interview by a person of a prescribed class for the purposes of providing emotional support, or communication assistance or any other assistance, during the interview; and\nCommunication assistance may, for example, be provided by means such as a communication partner or by using a device (such as a speak‑and‑spell communication device).\n\t(c)\tprescribe requirements to be met for the purposes of section 74EB, and the extent to which they are to be met, if section 74EC is to apply to an audio visual record of an interview with a person to whom Division 3 applies; and\n\t(d)\tregulate the playing, broadcasting, publishing, custody, possession, storage, copying, transcription, erasure or destruction of an audio visual record of an interview; and\n\t(e)\tprescribe the records that are to be kept in relation to an audio visual record of an interview; and\n\t(f)\tmake provision for access to and the use of an audio visual record for any of the following purposes:\n\t(i)\tfor purposes related to the investigation of an offence;\n\t(ii)\tfor the purposes of, or purposes related to, legal proceedings or proposed legal proceedings;\n\t(iii)\tfor training persons for the purposes of Division 3;\n\t(iv)\tfor the purposes of reviewing, assessing and evaluating the conduct of interviews under this Part;\n\t(v)\tfor any other purpose; and\n\t(g)\tfix fines, not exceeding $5 000, for offences against the regulations.\n","sortOrder":34},{"sectionNumber":"Part 18","sectionType":"part","heading":"Arrest","content":"Part 18—Arrest\n75—Power of arrest\nA police officer, without any warrant other than this Act, at any hour of the day or night, may apprehend any person whom the officer finds committing, or has reasonable cause to suspect of having committed, or being about to commit, an offence.\n76—Arrest by owner of property etc\n\t(1)\tIf the owner of any property, or the servant or agent of the owner of any property, finds a person committing an offence on, or with respect to, that property, the owner, or the servant or agent, may apprehend the offender and deliver the offender as soon as reasonably practicable into the custody of a police officer to be dealt with according to law.\nowner, in relation to property consisting of land, a building or other premises, includes an occupier of, and a person resident on or in, the land, building or premises.\n77—Arrest of persons pawning or selling stolen goods\n\t(1)\tIf a person to whom any property is offered (for sale, as a pawn or in some other kind of commercial transaction) has reasonable cause to suspect that the person offering the property has stolen it, or obtained it by unlawful means, the person may—\n\t(a)\tapprehend and detain that other person until he or she can be delivered into the custody of a police officer; and\n\t(b)\tseize and detain the property until it can be delivered into the custody of a police officer.\n\t(2)\tA person who exercises a power of apprehension or seizure under this section must take the necessary action to have the person or property delivered into the custody of a police officer as soon as reasonably practicable.\n78—Person apprehended without warrant—how dealt with\n\t(1)\tSubject to this section, a person who is apprehended without warrant must, as soon as reasonably practicable, be delivered into the custody of—\n\t(a)\tthe police officer in charge of the nearest custodial police station; or\n\t(b)\ta police officer at a designated police facility.\n\t(2)\tIf a person is apprehended without warrant on suspicion of having committed a serious offence, a police officer may, for the purposes of investigating the suspected offence, before dealing with the person in accordance with subsection (1)—\n\t(a)\tdetain the person for whichever is the lesser of—\n\t(i)\tthe period necessary to complete the immediate investigation of the suspected offence; or\n\t(ii)\t4 hours or such longer period (not exceeding 8 hours) as may be authorised by a magistrate; and\n\t(b)\ttake the person, or cause him or her to be taken, during the course of detention under paragraph (a), to places connected with the suspected offence.\n\t(2a)\tIn determining the period that has elapsed since the apprehension of a person for the purposes of subsection (2)(a), the following will not be taken into account:\n\t(a)\tany delay occasioned by arranging for a solicitor or other person to be present during the investigation;\n\t(b)\tany delay occasioned by allowing the person to receive medical attention;\n\t(c)\tthe time that would have been reasonably required to convey the person from the place of apprehension to—\n\t(i)\tthe nearest custodial police station; or\n\t(ii)\tthe designated police facility,\n(assuming that the person had been taken as soon as reasonably practicable to the custodial police station or designated police facility).\n\t(3)\tIf a person has been detained in custody under subsection (1), the person may, on the authorisation of a magistrate, be temporarily removed from that custody to the custody of a police officer for a purpose related to the investigation of an offence.\n\t(3a)\tA person who has been apprehended without warrant and detained in custody at a designated police facility must, as soon as reasonably practicable, be delivered into the custody of the police officer in charge of the nearest custodial police station if any of the following occurs:\n\t(a)\tthe person declines to make an application for release on bail;\n\t(b)\ta decision is made to refuse an application for bail made by the person;\n\t(c)\t2 hours, or such longer period (not exceeding 4 hours) as may be authorised by a magistrate, has elapsed since the person has been detained in custody at the police facility and the person has not been released (whether on bail or otherwise).\n\t(3b)\tIn determining the period that has elapsed since detention in custody at a designated police facility for the purposes of subsection (3a)(c), the following will not be taken into account:\n\t(a)\tany delay occasioned by arranging for a solicitor or other person to be present;\n\t(b)\tany delay occasioned by allowing the person to receive medical attention;\n\t(c)\tany period during which the person is temporarily in the custody of a police officer under subsection (3).\n\t(3c)\tA person who is detained in the custody of a police officer at a designated police facility may be transferred into the custody of another police officer at the police facility.\n\t(4)\tAn application to a magistrate for an authorisation under this section may be made by telephone and, if an application is so made, a written record must be made in the prescribed form stating—\n\t(a)\tthe grounds on which the application was made; and\n\t(b)\twhether the application was granted and, if so, the terms and conditions on which it was granted,\nand the record must be confirmed by the signature of the magistrate to whom the application was made.\n\t(5)\tIf it is decided not to charge a person who is apprehended on suspicion of having committed an offence, the police officer who is in charge of the investigation of the suspected offence must ensure that the person is, if the person so requires—\n\t(a)\treturned to the place of apprehension; or\n\t(b)\tdelivered to another place that may be reasonably nominated by the person.\n\t(6)\tThe Commissioner may, by instrument in writing, approve the use of any of the following as a designated police facility:\n\t(a)\ta specified room, building or structure (whether permanent or temporary);\n\t(b)\ta specified vehicle;\n\t(c)\ta vehicle of a specified class.\n\t(7)\tAn approval under subsection (6) of a designated police facility must—\n\t(a)\tspecify the use of the designated police facility—\n\t(i)\tfor a specified event or purpose; or\n\t(ii)\tfor a specified police operation; or\n\t(iii)\tfor an event or a purpose of a specified class; or\n\t(iv)\tfor a police operation of a specified class; or\n\t(v)\tfor a specified area of the State outside Metropolitan Adelaide (within the meaning of the Development Act 1993); and\n\t(b)\tspecify conditions for the use of the designated police facility.\n\t(8)\tThe Commissioner may, by subsequent instrument in writing, vary or revoke an approval under subsection (6).\n\t(9)\tIn proceedings, a certificate apparently signed by the Commissioner certifying as to a matter relating to an instrument under subsection (6) or (8) constitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(10)\tIn this section—\ncustodial police station means a police station at which cell facilities are available for the continuous care and custody of an apprehended person;\ndesignated police facility, in relation to a person apprehended without warrant, means—\n\t(a)\tin the case of a person apprehended within an area of the State in respect of which there is an approval in force under subsection (6)—\n\t(i)\tthe place or vehicle used as a designated police facility in accordance with the approval that is nearest the place of apprehension; or\n\t(ii)\tif the person is apprehended at, or in connection with, an event or police operation in respect of which there is an approval in force under subsection (6)—a place or vehicle used as a designated police facility in accordance with the approval; or\n\t(b)\tin any other case—\n\t(i)\tthe police station nearest the place of apprehension; or\n\t(ii)\tif the person is apprehended at, or in connection with, an event or police operation in respect of which there is an approval in force under subsection (6)—a place or vehicle used as a designated police facility in accordance with the approval;\nnearest custodial police station, in relation to a person apprehended without warrant, means—\n\t(a)\tin the case of a person apprehended within a radius of 30 kilometres from the General Post Office at Adelaide—\n\t(i)\tthe police station at Adelaide known as the City Watch House; or\n\t(ii)\tany other custodial police station within that radius;\n\t(b)\tin any other case—the custodial police station nearest the place where the person is apprehended;\nserious offence means an indictable offence or an offence punishable by imprisonment for 2 years or more.\n78A—Power of arrest in cases of certain offences committed outside the State\n\t(1)\tThis section applies to an offence—\n\t(a)\tthat is an offence against the law of a State (other than this State) or a Territory of the Commonwealth; and\n\t(b)\tthat consists of an act or omission which, if it occurred in this State, would constitute—\n\t(i)\tan indictable offence; or\n\t(ii)\tan offence punishable by imprisonment for two years or more.\n\t(2)\tAny police officer may, without any warrant other than this Act, at any hour of the day or night, apprehend a person whom the officer has reasonable cause to suspect of having committed an offence to which this section applies.\n\t(3)\tSubject to section 78, a person apprehended pursuant to this section must be brought as soon as practicable before the Magistrates Court and the Court—\n\t(a)\tmay discharge the person; or\n\t(b)\tmay—\n\t(i)\tadmit the person to bail on such conditions and guarantees as the Court thinks fit; or\n\t(ii)\tcommit the person to custody,\npending the issue of a warrant for the person's apprehension under the law of the State or Territory in which he or she is alleged to have committed the offence, and the execution of that warrant.\n\t(4)\tWhere a person has been detained or admitted to bail pursuant to subsection (3) and a warrant for the person's apprehension is not issued and executed within a reasonable time (not exceeding seven days), that person must be discharged from custody or released from bail (as the case may require) by the Court.\n\t(5)\tThe provisions of the Summary Procedure Act 1921 apply, with any necessary modifications, in relation to proceedings under this section.\n79—Arrest without warrant if warrant has been issued\n\t(1)\tA police officer may, without a warrant, take into custody a person whom the officer has reasonable cause for believing or suspecting to be a person for whose apprehension or commitment a warrant has been issued by a justice.\n\t(2)\tIf a police officer, without a warrant, takes into custody a person whom the officer has reasonable cause for believing or suspecting to be a person for whose committal a warrant has been issued by a justice, the officer must, as soon as reasonably practicable, deliver that person into the custody of the police officer in charge of the nearest police station and must, as soon as conveniently may be, produce or cause to be produced to the person taken into custody the warrant of commitment (if any), and the person must then be dealt with as required by the warrant.\n\t(3)\tIf a person taken into custody is in need of medical treatment before being delivered as required under this section, the requirement to deliver the person as soon as reasonably practicable does not prevent the immediate provision of necessary medical treatment.\n79A—Rights on arrest\n\t(1)\tSubject to this section, where a person is apprehended by a police officer (whether with or without a warrant)—\n\t(a)\tthe person is entitled to make, in the presence of a police officer, one telephone call to a nominated relative or friend to inform the relative or friend of his or her whereabouts; and\n\t(b)\twhere the person is apprehended on suspicion of having committed an offence—\n\t(i)\tthe person is entitled to have a solicitor, relative or friend (in the case of a minor the relative or friend must be an adult) present during any interrogation or investigation to which the person is subjected while in custody; and\n\t(ii)\tif English is not the person's native language—the person is entitled, if he or she so requires, to be assisted at an interrogation by an interpreter; and\n\t(iii)\tthe person is, while in custody, entitled to refrain from answering any question (unless required to answer the question under this or any other Act or law).\n\t(1a)\tWhere a minor has been apprehended on suspicion of having committed an offence and—\n\t(a)\tthe minor does not nominate a solicitor, relative or friend to be present during an interrogation or investigation relating to the suspected offence; or\n\t(b)\tthe solicitor, relative or friend nominated by the minor is unavailable or unwilling to attend the interrogation or investigation,\nthen, subject to subsection (1b), the minor must not be subjected to an interrogation or investigation until the police officer in charge of the investigation of the suspected offence has secured the presence of—\n\t(c)\ta person, or a person of a class, nominated by the Chief Executive within the meaning of the Youth Justice Administration Act 2016 to represent the interests of children subject to criminal investigation; or\n\t(d)\twhere no such person is available, some other person (not being a minor, a police officer or an employee of the Police Department) who, in the opinion of the police officer, is a suitable person to represent the interests of the minor.\n\t(1b)\tAn interrogation or investigation may proceed despite subsection (1a) if—\n\t(a)\tthe suspected offence is not an offence punishable by imprisonment for two years or more; and\n\t(b)\tit is not reasonably practicable to secure the presence of a suitable representative of the child's interests as contemplated by that subsection.\n\t(2)\tThe police officer who is in charge of the investigation of a suspected offence in relation to which a person has been apprehended may decline to permit—\n\t(a)\tthe person in custody to make a telephone call to a particular person (being a relative or friend); or\n\t(b)\ta particular person (being a relative or friend of the person who has been taken into custody) to be present at an interrogation or investigation,\nif the officer has reasonable cause to suspect that communication between the person in custody and that particular person would result in an accomplice taking steps to avoid apprehension or would prompt the destruction or fabrication of evidence.\n\t(3)\tA police officer must, as soon as is reasonably practicable after the apprehension of a person—\n\t(a)\tinform that person of his or her rights under subsection (1); and\n\t(b)\twarn the person that anything that he or she may say may be taken down and used in evidence.\n79B—Removal and storage of vehicle in case of arrest of driver\n\t(1)\tSubject to subsection (2), where a police officer arrests the driver of a motor vehicle, the officer may remove, or arrange for the removal of, the motor vehicle to a place at which it may be safely and conveniently stored.\n\t(2)\tA police officer may not remove, or arrange for the removal of, a motor vehicle under subsection (1) if—\n\t(a)\tthe driver referred to in subsection (1) is being accompanied by another person who is lawfully entitled to drive the vehicle; and\n\t(b)\tthe driver authorises that other person to remove the vehicle; and\n\t(c)\tthe vehicle is removed within a reasonable period.\n\t(3)\tNo liability attaches to a police officer in relation to any damage to a motor vehicle caused while the motor vehicle is being removed or stored under this section.\n\t(4)\tA liability that would, but for subsection (3), lie against a police officer lies against the Crown.\n\t(5)\tA police officer who removes, or arranges for the removal of, a motor vehicle under this section must notify the driver in writing of the place to which the vehicle has been removed.\n\t(6)\tA vehicle removed and stored under this section must be returned to a person entitled to possession of the vehicle upon payment of the reasonable costs of removal and storage calculated in accordance with a scale in force under subsection (7).\n\t(7)\tThe Commissioner may prepare and from time to time revise a scale of costs for the purposes of subsection (6).\n\t(8)\tIf no application for the return of the vehicle is made within 2 months after it was taken into storage, it may be dealt with as unclaimed property under the Police Act 1998.\n80—Power of entry and search in relation to fires and other emergencies\nA police officer may, at any time of the day or night, with or without assistance—\n\t(a)\tenter and inspect land, premises or an object for the purpose of determining the cause of a fire or other emergency; or\n\t(b)\tremove an object or material that may tend to prove the cause of a fire or other emergency; or\n\t(c)\tretain possession of an object or material for the purpose of an investigation or inquiry into the cause of the fire or other emergency.\n81—Power to search, examine and take particulars of persons\n\t(1)\tA person who is taken into lawful custody may be searched in accordance with this section and anything found as a result of the search may be removed.\n\t(2)\tThe following provisions apply to a search under this section:\n\t(a)\tthe search may only be carried out by a police officer or a medical practitioner or registered nurse acting at the request of a police officer, but an intrusive search may only be carried out by such a medical practitioner or registered nurse;\n\t(b)\tthe person carrying out the search may use such force as is reasonably necessary for the purpose and may be assisted by a police officer or other person;\n\t(c)\twhere a medical practitioner or registered nurse is to carry out an intrusive search, the detainee must be allowed a reasonable opportunity to arrange for the attendance, at the detainee's expense, of a medical practitioner or registered nurse of his or her choice to witness the search.\n\t(3)\tThe following further provisions apply to an intimate search:\n\t(a)\tif an intimate search is to be carried out on a detainee who is a minor, the search must not be carried out unless a solicitor or adult relative or friend, nominated by the minor, is present (but this paragraph need not be complied with if, in the opinion of a police officer, it is not reasonably practicable to do so in view of the urgency of the search);\n\t(b)\tif an intimate search is to be carried out on a detainee whose native language is not English and who is not reasonably fluent in English, the detainee must be informed that he or she may request the assistance of an interpreter;\n\t(c)\tif a detainee requests the assistance of an interpreter under paragraph (b), the search must not be carried out unless an interpreter is present (but paragraph (b) and this paragraph need not be complied with if, in the opinion of a police officer, it is not reasonably practicable to do so in view of the urgency of the search);\n\t(d)\texcept where it is not reasonably practicable to do so, an intimate search must be carried out by a person of the same sex or gender identity as the detainee (unless the detainee requests otherwise);\n\t(e)\texcept where it is not reasonably practicable to do so, an audio visual record of an intimate search must be made (but that part of an intimate search that consists of an intimate intrusive search will not be recorded if the detainee objects);\n\t(f)\tif, apart from the question of whether or not the detainee objects to the recording, it is otherwise reasonably practicable to make an audio visual record of an intimate search, the police officer supervising the search must, before the search is carried out—\n\t(i)\tgive the detainee a written statement in a form approved by the Minister outlining—\n\t(A)\tthe value of making an audio visual record of the search; and\n\t(B)\tthat the detainee may object to the search being so recorded; and\n\t(C)\twhere relevant, that if the detainee objects to an intimate intrusive search being recorded, the intimate intrusive search will not be recorded; and\n\t(ii)\tread the statement to the detainee (with the assistance of an interpreter if one is to be present during the search);\n\t(g)\tif an audio visual record of an intimate search, or that part of an intimate search that consists of an intimate intrusive search, is not to be made, the police officer must ensure—\n\t(i)\tthat a written record of the search is made at the time of or as soon as practicable after the search, documenting all items found on the detainee and everything said and done by all persons present; and\n\t(ii)\tthat, as soon as practicable after the search, the record is read aloud to the detainee and an audio visual record of the reading is made; and\n\t(iii)\tthat, when the audio visual recording begins (but before the reading begins) the detainee is invited to interrupt the reading at any time to point out errors or omissions in the record; and\n\t(iv)\tthat, if the detainee in fact interrupts the reading to point out an error or omission, the detainee is then allowed a reasonable opportunity to do so; and\n\t(v)\tthat, at the end of the reading, but while the audio visual recording continues, the detainee is again invited to point out errors or omissions in the record and allowed a reasonable opportunity to do so; and\n\t(vi)\tthat, if the police officer agrees that there is an error or omission in the record, the officer amends the record to correct the error or omission and if the officer does not agree that there is an error or omission in the record, the officer nevertheless makes a note of the error or omission asserted by the detainee in an addendum to the record.\n\t(3a)\tIn deciding whether it is reasonably practicable to make an audio visual record under this section, the following matters must be considered:\n\t(a)\tthe availability of recording equipment within the period for which it would be lawful to detain the detainee;\n\t(b)\tmechanical failure of recording equipment;\n\t(c)\tany objections made to the recording by the detainee;\n\t(d)\tany other relevant matter.\n\t(3b)\tIf an audio visual record is made under this section, the police officer must, as soon as is reasonably practicable, give the detainee a written statement of his or her right—\n\t(a)\tto have the audio visual record played over to the detainee or his or her legal adviser (or both); and\n\t(b)\tto obtain a copy of the audio visual record.\n\t(3c)\tArrangements must be made, at the request of a detainee, for the playing of an audio visual record at a reasonable time and place to be nominated by the police officer.\n\t(3d)\tA detainee must be provided, on request and on payment of the fee fixed by regulation, with a copy of an audio visual record made under this section.\n\t(3e)\tA person (other than the detainee) must not play, or cause to be played, an audio visual record made under this section except—\n\t(a)\tfor purposes related to the investigation of an offence or alleged misconduct to which the person reasonably believes the recording may be relevant; or\n\t(b)\tfor the purposes of, or purposes related to, legal proceedings, or proposed legal proceedings, to which the recording is relevant.\n\t(3f)\tAn audio visual record made under this section or a written record of an intimate search must be destroyed—\n\t(a)\tif the Commissioner of Police is satisfied that it is not likely to be required for any of the purposes referred to in subsection (3e); or\n\t(b)\tif a court or tribunal so orders.\n\t(3g)\tThe Governor may, by regulation, provide for the storage, control, movement or destruction of audio visual records and written records made of intimate searches under this section.\n\t(4)\tWhere a person is in lawful custody on a charge of committing an offence, a police officer may, if the officer believes on reasonable grounds that it is necessary to do so for the purpose of identifying that person or identifying that person as the person who committed an offence—\n\t(a)\ttake, or cause to be taken, photographs of that person and prints of the hands, fingers, feet or toes of that person, and may use, or cause to be used, such reasonable force as is necessary for that purpose;\n\t(c)\tmake a recording of the voice of that person;\n\t(d)\trequest that person to supply a sample of his or her handwriting.\n\t(4a)\tA police officer may not exercise a power under subsection (4) for the purpose of identifying a person in lawful custody as the person who committed an offence unless—\n\t(a)\tthe person has been charged with the offence; or\n\t(b)\tthe police officer is acting upon the authorisation of a magistrate given under this section.\n\t(4b)\tFor the purposes of subsection (4a), a police officer may obtain the authorisation of a magistrate upon application made in person or, if it is impracticable to do so in person, upon application made by telephone.\n\t(4c)\tA magistrate to whom application is made under subsection (4b) may give the authorisation if the magistrate thinks it proper to do so in all the circumstances of the case.\n\t(4d)\tWhere application is made under subsection (4b) in person, the magistrate must give an authorisation in writing and where application is made under that subsection by telephone, the magistrate must, as soon as is practicable after giving the authorisation, cause a written memorandum of the authorisation to be forwarded to the police officer who made the application.\n\t(4e)\tA person who refuses or fails to comply with the reasonable directions of a person who seeks to obtain a sample of his or her voice or handwriting under subsection (4) is guilty of an offence.\nMaximum penalty: $1 250 or imprisonment for 3 months\n\t(4g)\tA procedure under this section—\n\t(a)\tmust be carried out humanely and with care—\n\t(i)\tto avoid, as far as reasonably practicable, offending genuinely held cultural values or religious beliefs; and\n\t(ii)\tto avoid inflicting unnecessary physical harm, humiliation or embarrassment; and\n\t(b)\tmust not be carried out in the presence or view of more persons than are necessary for properly carrying out the procedure and satisfying any relevant statutory requirements.\n\t(5)\tThe powers given by this section are in addition to, and do not derogate from, any other powers of police officers.\n\t(5a)\tNo civil or criminal liability is incurred by a person who carries out, or assists in carrying out, a procedure under this section for an act or omission if—\n\t(a)\tthe person genuinely believes that the procedure is authorised under this section; and\n\t(b)\tthe act or omission is reasonable in the circumstances.\nintimate intrusive search means an intrusive search of the rectum or vagina;\nintimate search means a search of the body that involves exposure of, or contact with the skin of, the genital or anal area, the buttocks or, in the case of a female, the breasts, and includes an intimate intrusive search;\nintrusive search means an internal search involving the introduction of anything into a bodily orifice;\nmedical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student);\nregistered nurse means a person registered under the Health Practitioner Regulation National Law—\n\t(b)\tin the registered nurses division of that profession.\n82—General powers, privileges, duties etc of police\nA police officer has, in addition to the powers, privileges, duties and responsibilities conferred or imposed by this or any other Act, all such powers, privileges, duties and responsibilities as a constable has by the common law.\n82A—Prohibition on use of spit hoods\n\t(1)\tA police officer must not place a spit hood on the head of a person.\n\t(2)\tSubsection (1) applies despite any other provision of this Act or any other Act or law.\nspit hood means a covering (however described) that is intended to be placed over a person's head to prevent the person from spitting on, or biting, another person.\n","sortOrder":35},{"sectionNumber":"Part 19","sectionType":"part","heading":"Right to an interpreter","content":"Part 19—Right to an interpreter\n83A—Right to an interpreter\n\t(a)\ta person whose native language is not English is suspected of having committed an offence; and\n\t(b)\tthe person is not reasonably fluent in English,\nthe person is entitled to be assisted by an interpreter during any questioning conducted by an investigating officer in the course of an investigation of the suspected offence.\n\t(2)\tWhere it appears that a person may be entitled to be assisted by an interpreter under subsection (1), an investigating officer must not proceed with any questioning, or further questioning, until the person has been informed of the right to an interpreter that exists under subsection (1).\n\t(3)\tIf a person who is entitled to be assisted by an interpreter under subsection (1) requests the assistance of an interpreter, an investigating officer must not proceed with any questioning, or further questioning, until an interpreter is present.\ninvestigating officer means—\n\t(a)\ta police officer;\n\t(b)\ta person authorised by or under an Act to investigate the suspected offence.\n","sortOrder":36},{"sectionNumber":"Part 20","sectionType":"part","heading":"Miscellaneous","content":"Part 20—Miscellaneous\n83B—Dangerous areas\n\t(1)\tWhere a senior police officer believes on reasonable grounds that it would be unsafe for members of the public to enter a particular area, locality or place because of conditions temporarily prevailing there, the officer may declare the area, locality or place to be dangerous.\n\t(2)\tA declaration under this section—\n\t(a)\tcomes into force when it is made but should be broadcast as soon as practicable after that time by public radio or published in any other manner the senior police officer thinks appropriate in the circumstances of the case; and\n\t(b)\tremains in force for a period (not exceeding 2 days) stated in the declaration.\n\t(3)\tWhere a declaration is in force under this section, a police officer may—\n\t(a)\twarn any person apparently proceeding towards, or in the vicinity of, the dangerous area, locality or place against entering it; and\n\t(b)\trequire or signal the driver of a motor vehicle to stop so that such a warning may be given to the occupants of the vehicle.\n\t(4)\tA warning under this section lapses—\n\t(a)\twhen the relevant declaration expires; or\n\t(b)\tat some earlier time specified by a senior police officer.\n\t(5)\tA person who—\n\t(a)\tenters a dangerous area, locality or place contrary to a warning under this section; or\n\t(b)\tfails, without reasonable excuse, to stop a vehicle when required or signalled to do so under this section,\n\t(6)\tSubsection (5)(a) does not apply to—\n\t(a)\ta person if it is reasonably necessary for the person to enter the area, locality or place in order to protect life or property; or\n\t(b)\ta representative of the news media, unless the police officer who gave the warning believes on reasonable grounds that the entry of the representative into the area, locality or place would give rise to a risk of death or injury to any person other than the representative and advises the representative accordingly.\n\t(7)\tIf—\n\t(a)\ta person enters a dangerous area, locality or place contrary to a warning under this section; and\n\t(b)\tthe person is found guilty of an offence against subsection (5)(a),\nthe person is liable to compensate the Crown for the costs of operations reasonably carried out for the purpose of finding or rescuing that person.\n\t(8)\tIn civil or criminal proceedings under this section, a certificate apparently signed by a senior police officer stating—\n\t(a)\tthat a declaration was made under this section in relation to a particular area, locality or place; and\n\t(b)\tthat the declaration was in force for a specified period; and\n\t(c)\tthe grounds on which the declaration was made,\nwill be accepted, in the absence of proof to the contrary, as proof of the matters stated in the certificate.\n\t(9)\tThe Commissioner must, as soon as practicable after each successive period of three months following the commencement of this section, submit a report to the Minister in relation to that period stating—\n\t(a)\tthe number of declarations made under this section during that period;\n\t(b)\tin relation to each declaration made during that period—\n\t(i)\tthe area, locality or place in relation to which the declaration was made;\n\t(ii)\tthe period for which the declaration was in force;\n\t(iii)\tthe grounds on which the declaration was made;\n\t(c)\tany other matters the Commissioner considers relevant.\n\t(10)\tThe Minister must cause copies of a report under subsection (9) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament.\n\t(11)\tA declaration may not be made under this section in relation to circumstances arising in an emergency for which a declaration under the Emergency Management Act 2004 or Part 11 of the South Australian Public Health Act 2011 is in force.\n83BA—Overcrowding at public venues\n\t(1)\tA police officer may enter and inspect a public venue to determine whether there is overcrowding such that there is serious risk of injury or damage.\n\t(2)\tWhere a senior police officer forms the opinion that there is serious risk of injury or damage due to overcrowding at a public venue, the officer may do one or more of the following:\n\t(a)\torder persons to leave the place immediately;\n\t(b)\torder the occupier of the place immediately to remove persons from the place;\n\t(c)\torder the occupier of the place to take other specified action to rectify the situation immediately or within a specified period;\n\t(d)\tif an order under paragraph (a), (b) or (c) is not obeyed, take action to carry out the order;\n\t(e)\tif satisfied that the safety of persons cannot reasonably be ensured by other means, order the occupier of the place to close the place immediately and for such period as the officer considers necessary (but not exceeding 12 hours) for the alleviation of the danger;\n\t(f)\tif a closure order under paragraph (e) cannot for any reason be given to the occupier, or if a closure order, having been given to the occupier, is not immediately obeyed, take action to close the place for such period as the officer considers necessary (but not exceeding 12 hours) for the alleviation of the danger.\n\t(3)\tAn order under this section may be given orally or by notice in writing served on the occupier of the place.\n\t(4)\tIf a closure order under this section is given orally, the officer must as soon as practicable cause a written notice containing the order to be served on the occupier of the place.\n\t(5)\tIf a person given an order under this section refuses or fails to obey the order, the person is guilty of an offence.\n\t(6)\tWhen a senior police officer is satisfied that the danger has been alleviated, he or she may rescind an order under this section.\n\t(7)\tA senior police officer may authorise another police officer to exercise all or any of the powers conferred by subsection (2) if satisfied (whether on the basis or his or her own observations or the report of another police officer) that urgent action is required.\n\t(8)\tA police officer may use such force to enter a place, or to take other action under this section, as is reasonably necessary for the purpose.\n\t(9)\tThe Commissioner must include in the Commissioner's annual report to the Minister to whom the administration of the Police Act 1998 is for the time being committed a record of the authorisations issued under subsection (7) during the period to which the report relates.\n83C—Special powers of entry\n\t(1)\tWhere a senior police officer suspects on reasonable grounds—\n\t(a)\tthat an occupant of premises has died and his or her body is in the premises; or\n\t(b)\tthat an occupant of premises is in need of medical or other assistance,\nthe officer may authorise a police officer to enter the premises for the purpose of investigating the matter and taking such action as the circumstances of the case may require.\n\t(1a)\tWhere a senior police officer suspects on reasonable grounds that—\n\t(a)\ta high risk missing person; or\n\t(b)\tinformation that may assist in locating a high risk missing person,\nmay be in or on specified premises, a specified vehicle or vessel, or other specified place, the officer may authorise a police officer to enter the premises, vehicle, vessel or place for the purpose of investigating the matter and taking such action as the circumstances of the case may require.\n\t(2)\tAn authorisation under subsection (1) or (1a) must be in writing unless the authorising officer has reason to believe that in the circumstances urgent action is required, in which case, the authorisation may be given orally.\n\t(2a)\tAn authorisation under subsection (1a) remains in force—\n\t(a)\tfor a period of 48 hours; or\n\t(b)\tuntil the high risk missing person is located; or\n\t(c)\tthe authorisation is revoked by a senior police officer,\nwhichever is the sooner.\n\t(3)\tWhere a person has died and the Commissioner considers it necessary or desirable to do so, the Commissioner may issue to a police officer a warrant in the prescribed form authorising the officer to enter the premises in which the person last resided before death and—\n\t(a)\tsearch the premises for material that might identify or assist in identifying the deceased or relatives of the deceased;\n\t(b)\ttake property of the deceased into safe custody.\n\t(4)\tA police officer may, if necessary, exercise reasonable force for the purpose of obtaining entry to premises, a vehicle or vessel, or other place, or carrying out a search or investigation, under this section.\n\t(4a)\tA police officer may, in exercising powers under subsection (1a), be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of a police officer).\n\t(4b)\tA police officer may, in exercising powers under subsection (1a), take and use electricity for that purpose.\n\t(5)\tThe Commissioner is responsible for ensuring that a proper record is kept of property taken under this section and must, if satisfied that a person has a proper interest in the matter, allow that person to inspect the record.\n\t(6)\tThe Commissioner must, as soon as practicable (but not later than three months) after each 30 June, submit a report to the Minister in relation to the year ended on that 30 June stating—\n\t(a)\tthe number of authorisations and warrants granted under this section during that year;\n\t(b)\tthe nature of the grounds on which the authorisations and warrants were granted;\n\t(c)\tthe type of property taken from premises pursuant to warrant under this section;\n\t(d)\tany other matters the Commissioner considers relevant.\n\t(7)\tThe Minister must cause copies of a report under subsection (6) to be laid before both Houses of Parliament within seven sitting days after receipt of the report if Parliament is in session, or if Parliament is not then in session, within seven sitting days after the commencement of the next session of Parliament.\n\t(8)\tIn determining whether a missing person may suffer serious harm, a police officer may have regard to any of the following matters:\n\t(a)\tthe person's age;\n\t(b)\tany disability of the person attributable to a cognitive, intellectual, neurological, physical or psychiatric impairment;\n\t(c)\tevidence the person may commit suicide;\n\t(d)\tthe person's ability to interact safely with other persons or in an unfamiliar environment;\n\t(e)\tthe person's need for medication;\n\t(f)\tan addiction the person may have;\n\t(g)\tthe person's recent behaviour that is out of character for the person;\n\t(h)\twhether the person is suspected of being the victim of a crime;\n\t(i)\tany history of domestic violence or other relationship problems affecting the person;\n\t(j)\tany ongoing bullying or harassment of the person;\n\t(k)\ta previous disappearance or exposure to serious harm that affected the person;\n\t(l)\twhether the person is experiencing any financial problems;\n\t(m)\ta reason why the person may wish to go missing;\n\t(n)\tif the person is suspected of being lost within a particular area, the climate or other environmental factors relevant to the area;\n\t(o)\tany suspicious circumstances relating to the person's disappearance.\nhigh risk missing person means a missing person in relation to whom 1 or both of the following applies:\n\t(a)\tthe missing person is under 14 years of age; or\n\t(b)\ta police officer reasonably suspects that the missing person may suffer serious harm if not located quickly;\nmissing person means a person who is reported missing to police and where—\n\t(a)\ttheir whereabouts are unknown; and\n\t(b)\tthere are concerns for their safety and welfare,\n(whether the person was reported missing, or the concerns for the safety and welfare arose, before or after the commencement of this subsection);\nserious harm means harm, including the cumulative effect of any harm, that—\n\t(a)\tendangers, or is likely to endanger, a person's life; or\n\t(b)\tis, or is likely to be, significant and longstanding.\n83D—High Risk Missing Person Warrant\n\t(1)\tA senior police officer may, if the officer reasonably suspects that an authorisation under section 83C(1a) could be granted in relation to a high risk missing person, apply to a judge for a high risk missing person warrant.\n\t(2)\tTo avoid doubt, an application may be made under this section—\n\t(a)\twhether or not an authorisation under section 83C(1a) is in force; or\n\t(b)\twhether or not a high risk missing person warrant has previously been issued in relation to the missing person, or any premises, vehicle, vessel or place to which the application relates.\n\t(3)\tAn application for a warrant may be made personally or, if, in the opinion of the applicant, the warrant is urgently required and there is not enough time to lodge a written application and appear before the Supreme Court, or it is otherwise not reasonably practicable to appear personally before the Supreme Court, electronically or by telephone.\n\t(4)\tThe grounds of an application for a warrant must be verified by affidavit.\n\t(5)\tIf an application for a warrant is made electronically, the following provisions apply:\n\t(a)\tthe application must be in a form approved by the Chief Justice;\n\t(b)\tthe application must be accompanied by an affidavit made by the applicant verifying the facts referred to in the application;\n\t(c)\tthe applicant must be available to address the Supreme Court by telephone or electronic means determined by the judge;\n\t(d)\tthe judge is entitled to assume, without further inquiry, that a person who identifies themself as the applicant is the applicant;\n\t(e)\tthe judge may, on being satisfied as to the grounds for the issue of a warrant, make out and sign a warrant;\n\t(f)\tthe warrant is to be taken to have been issued, and comes into force, when signed on behalf of the judge;\n\t(g)\tthe judge must forward the warrant to the applicant by electronic means.\n\t(6)\tIf an application for a warrant is made by telephone, the following provisions apply:\n\t(a)\tthe applicant must inform the judge of the applicant's name and identify themself as a senior police officer and the judge, on receiving that information, is entitled to assume its accuracy without further inquiry;\n\t(b)\tthe applicant must inform the judge of the purpose for which the warrant is required and the grounds on which it is sought;\n\t(c)\tthe judge may, on being satisfied as to the grounds for the issue of the warrant, inform the applicant of the facts on which the judge relies as grounds for the issue of the warrant, and must not proceed to issue the warrant unless the applicant undertakes to make an affidavit verifying those facts;\n\t(d)\tif the applicant gives such an undertaking, the judge may then issue a warrant;\n\t(e)\tthe warrant is to be taken to have been issued, and comes into force, when signed by the judge;\n\t(f)\tthe judge must inform the applicant of the terms of the warrant;\n\t(g)\tthe applicant must fill out and sign a warrant form (the duplicate warrant) that—\n\t(i)\tsets out who issued the warrant and the terms of the warrant; and\n\t(ii)\tcomplies with any other prescribed requirements;\n\t(h)\tthe applicant must, as soon as practicable after the issue of the warrant, forward to the Supreme Court an affidavit verifying the facts referred to in paragraph (c) and a copy of the duplicate warrant.\n\t(7)\tAn application for a high risk missing person warrant may be made and determined without notice to an owner or occupier of premises, a vehicle, a vessel or place (as the case requires).\n\t(8)\tA high risk missing person warrant—\n\t(a)\tmust specify—\n\t(i)\tthe name of the applicant; and\n\t(ii)\tthe name of the missing person to whom the warrant relates; and\n\t(iii)\tany premises, vehicle, vessel or place to which the warrant relates; and\n\t(iv)\tthe period for which the warrant will be in force (being a period not longer than 90 days); and\n\t(v)\tany other information required by the regulations; and\n\t(b)\tmay contain conditions and limitations; and\n\t(c)\tmay address any other matter as the judge thinks fit.\n\t(9)\tSubject to any conditions or limitations specified in the high risk missing person warrant, the warrant authorises a police officer to exercise any powers or take any action, or continue to do so, that the police officer could take pursuant to an authority granted under section 83C(1a).\n\t(10)\tA judge may, on an application by a senior police officer made while a high risk missing person warrant is in force, extend the period for which the warrant remains in force for a specified further period (being a period not longer than 90 days).\n\t(11)\tA police officer may, in exercising powers under a high risk missing person warrant, be assisted by such persons as the officer considers necessary or desirable in the circumstances (provided that a person who is not a police officer may only provide assistance at the direction of a police officer).\n\t(12)\tA high risk missing person warrant may, at any time, be revoked by instrument in writing by the Commissioner (and must, if the missing person to whom the warrant relates is located, be revoked as soon as it is reasonably practicable to do so).\n\t(13)\tIn this section—\njudge means a judge of the Supreme Court of South Australia.\n85—Regulations\n\t(1)\tThe Governor may make regulations for the purposes of this Act.\n\t(2)\tWithout limiting subsection (1), the regulations may—\n\t(a)\tvary the provisions of Schedule 2 (other than clauses 3 to 11 inclusive) by including provisions in, or deleting provisions from, the Schedule;\n\t(c)\timpose fees in relation to the administration of this Act;\n\t(d)\timpose a penalty (not exceeding a fine of $2 500) for contravention of, or non-compliance with, a regulation.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors; and\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Commissioner.\n","sortOrder":37},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"General search warrant","content":"Schedule 1—General search warrant\n\n","sortOrder":38},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"Exempt persons—prohibited weapons","content":"Schedule 2—Exempt persons—prohibited weapons\n1—Interpretation\nIn this Schedule, unless the contrary intention appears—\nnumber, in relation to the identification of a weapon, means an identifying mark comprised of either numbers or letters or a combination of both numbers and letters;\nofficial ceremony means a ceremony conducted—\n\t(a)\tby the Crown in right of the State or the Commonwealth; or \n\t(b)\tby or under the auspices of—\n\t(i)\tthe Government of the State or the Commonwealth; or\n\t(ii)\tSouth Australia Police; or\n\t(iii)\tthe armed forces;\nprescribed masonic organisation means—\n\t(a)\tthe Antient, Free And Accepted Masons Of South Australia and the Northern Territory Incorporated; or\n\t(b)\ta Lodge or Order of Freemasons warranted and recognised by the association referred to in paragraph (a); or\n\t(c)\tthe Lodge of Freemasons named \"The Duke of Leinster Lodge\";\nprescribed services organisation means—\n\t(a)\tThe Returned and Services League of Australia (S.A. Branch) Incorporated or any of its sub‑branches; or\n\t(b)\tan association or other body (whether or not incorporated) that is a member of the Consultative Council of Ex‑Service Organisations (S.A.).\n2—Application of Schedule\n\t(1)\tIf—\n\t(a)\tin Part 2, a person is expressed to be an exempt person for the purposes of 1 or more offences against section 21F(1) of this Act in relation to a particular class of prohibited weapon; and\n\t(b)\tthe weapon is, in accordance with the regulations, included in 1 or more of the other classes of prohibited weapon,\nthe person is an exempt person in relation to that weapon for the purposes of the offences even though he or she is not an exempt person in relation to a prohibited weapon of the other class or classes referred to in paragraph (b).\n\t(2)\tThe exemptions in Part 2 (other than under clauses 3, 4, 5 and 12) do not apply to a person who has, whether before or after the commencement of this Schedule, been found guilty by a court of—\n\t(a)\tan offence involving violence for which the maximum term of imprisonment is 5 years or more; or\n\t(b)\tan equivalent offence involving violence under the law of another State or Territory of the Commonwealth or of another country.\n\t(3)\tIf a person is an exempt person in relation to a weapon under a clause in Part 2 (other than under clauses 3, 4, 5 or 12) and a court finds the person guilty of using the weapon to threaten or injure another person, he or she ceases to be an exempt person in relation to that or any other weapon under that clause and can never again become an exempt person under that clause.\n\t(4)\tA person who, prior to the commencement of this Schedule, ceased, in accordance with regulation 7(4) of the Summary Offences (Dangerous Articles and Prohibited Weapons) Regulations 2000, to be an exempt person under a particular regulation is taken not to be exempt under any corresponding provision of Part 2.\nPart 2—Exemptions\n3—Police officers\nA police officer is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the officer uses or has possession of a prohibited weapon for the purpose or in the course of his or her duties as a police officer.\n4—Delivery to police\nA person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon for the purpose of delivering it as soon as reasonably practicable to a police officer.\n5—Emergencies\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon for the purpose, and in the course, of dealing with an emergency (whether as a volunteer or in the course of paid employment), provided that the person does not use the weapon to threaten or injure another person.\n6—Business purposes\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of conducting his or her business or in the course of his or her employment, provided that—\n\t(a)\tthe use or possession of the weapon is reasonably required for that purpose; and\n\t(b)\tthe use or possession of the weapon is not in the course or for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapon.\n7—Religious purposes\nA person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a knife (other than a butterfly knife, flick knife, push knife or trench knife) or dagger if—\n\t(a)\tthe person is a member of a religious group; and\n\t(b)\tthe person possesses, wears or carries the knife or dagger for the purpose of complying with the requirements of that religion.\n8—Entertainment\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of providing a lawful and recognised form of entertainment of other persons that reasonably requires the use or possession of the weapon.\n9—Sport and recreation\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of participating in a lawful and recognised form of recreation or sport that reasonably requires the use or possession of the weapon.\n10—Ceremonies\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act if the person uses or has possession of a prohibited weapon in the course of an official ceremony that reasonably requires the use or possession of the weapon.\n11—Museums and art galleries\nA person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon for the purposes of a museum or art gallery.\n12—Executors etc\n\t(1)\tA person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon in the course of his or her duties—\n\t(a)\tas the executor, administrator or other representative of—\n\t(i)\tthe estate of a deceased person or a bankrupt; or\n\t(ii)\ta person who is legally incompetent; or\n\t(b)\tas receiver or liquidator of a body corporate.\n\t(2)\tA person is an exempt person for the purposes of an offence of sale or supply of a prohibited weapon under section 21F(1)(a) of this Act, if the person sells or supplies a prohibited weapon in the course of his or her duties—\n\t(a)\tas the executor, administrator or other representative of—\n\t(i)\tthe estate of a deceased person or a bankrupt; or\n\t(ii)\ta person who is legally incompetent; or\n\t(b)\tas receiver or liquidator of a body corporate,\nprovided that the sale or supply is to a person who is entitled to possession of the weapon under section 21F of this Act.\n13—Heirlooms\nA person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon that is of sentimental value to him or her as an heirloom and that was previously in the possession of 1 or more of his or her relatives provided that the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of—\n\t(a)\tdisplay by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or\n\t(b)\trepair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or\n\t(c)\tvaluation by a person who carries on a business that includes the valuing of articles of that kind; or\n\t(d)\tsecure storage by a person who carries on the business of storing valuable property on behalf of other persons; or\n\t(e)\tpermanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it).\n14—Collectors\n\t(1)\tA person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if the person has possession of a prohibited weapon as part of a collection of weapons or other artefacts or memorabilia (comprised of at least 3 weapons, whether or not prohibited weapons) that has a particular theme, or that the person maintains for its historical interest or as an investment, provided that—\n\t(a)\tthe person keeps the following records in a legible manner in a bound book at his or her place of residence for a period that expires at the end of 5 years after he or she ceases to be in possession of the collection:\n\t(i)\ta record describing and identifying the weapon;\n\t(ii)\ta record of the date of each occasion on which he or she obtains or re‑obtains possession of the weapon and the identity and address of the person from whom he or she obtains or re‑obtains possession;\n\t(iii)\tthe date of each occasion on which he or she parts with possession of the weapon to another person and the identity and address of that person; and\n\t(b)\tthe person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except for the purpose of—\n\t(i)\tdisplay by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or\n\t(ii)\trepair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or\n\t(iii)\tvaluation by a person who carries on a business that includes the valuing of articles of that kind; or\n\t(iv)\trepair, restoration or valuation—\n\t(A)\tby another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or\n\t(B)\tby a person who is, under clause 17, an exempt person in relation to a prohibited weapon; or\n\t(v)\tsecure storage by a person who carries on the business of storing valuable property on behalf of other persons; or\n\t(vi)\tstorage by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or\n\t(vii)\treturning it to—\n\t(A)\tanother collector who is, under this clause, an exempt person in relation to a prohibited weapon; or\n\t(B)\ta prescribed services organisation that is, under clause 15, an exempt person in relation to a prohibited weapon,\non whose behalf he or she has repaired, restored, valued or stored the weapon; or\n\t(viii)\ttaking it to a meeting but only if the majority of persons at the meeting are collectors who are, under this clause, exempt persons in relation to prohibited weapons; or\n\t(ix)\tits sale or supply to another person in accordance with subclause (2); and\n\t(c)\tthe person permits a police officer at any reasonable time to enter his or her residential premises to inspect the collection and the records kept under paragraph (a).\n\t(2)\tA person who is an exempt person under subclause (1) will also be an exempt person for the purposes of an offence of sale or supply of such a weapon under section 21F(1)(a) of this Act if the person sells or supplies the weapon in the normal course of maintaining the collection, to a person who is entitled to possession of a prohibited weapon under section 21F of this Act.\n\t(3)\tA reference in subclause (1) to the place of residence of a person will be taken, in the case of a body corporate, to be a reference to the registered office of the body corporate.\n15—Prescribed services organisations (RSL etc)\n\t(1)\tA prescribed services organisation is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act if it has possession of a prohibited weapon of a kind acquired or used by one of its members (or by a person that it represents) while on active war service as a member of Australia's armed forces, provided that—\n\t(a)\tthe organisation keeps the following records in a legible manner in a bound book at its premises for a period that expires at the end of 5 years after it last ceased to be in possession of the weapon:\n\t(i)\ta record describing and identifying the weapon;\n\t(ii)\ta record of the date of each occasion on which the organisation obtains or re‑obtains possession of the weapon and the identity and address of the person from whom the organisation obtains or re‑obtains possession;\n\t(iii)\tthe date of each occasion on which the organisation parts with possession of the weapon to another person and the identity and address of that person; and\n\t(b)\tthe organisation keeps the weapon in a safe and secure manner at its premises and does not remove the weapon except for the purpose of—\n\t(i)\tdisplay by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or\n\t(ii)\trepair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or\n\t(iii)\tvaluation by a person who carries on a business that includes the valuing of articles of that kind; or\n\t(iv)\trepair, restoration or valuation—\n\t(A)\tby a collector who is, under clause 14, an exempt person in relation to a prohibited weapon; or\n\t(B)\tby a person who is, under clause 17, an exempt person in relation to a prohibited weapon; or\n\t(v)\tsecure storage by a person who carries on the business of storing valuable property on behalf of other persons; or\n\t(vi)\tits sale or supply to another person in accordance with subclause (2); and\n\t(c)\tthe organisation permits a police officer at any reasonable time to enter the premises of the organisation to inspect the weapon and the records kept under paragraph (a).\n\t(2)\tA person who is an exempt person in relation to a prohibited weapon under subclause (1) will also be an exempt person for the purposes of an offence of sale or supply of such a weapon under section 21F(1)(a) of this Act if the person sells or supplies the weapon in the normal course of maintaining the collection, to a person who is entitled to possession of a prohibited weapon under section 21F of this Act.\n16—Possession by collector on behalf of prescribed services organisation or another collector\nA person who is, under clause 14, an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act (the first collector) will also be an exempt person for the purposes of such an offence in relation to a prohibited weapon that is owned by another collector or a prescribed services organisation if—\n\t(a)\tpossession of the weapon by the first collector is solely for the purpose of repairing, restoring, valuing or storing it on behalf of the prescribed services organisation or the other collector; and\n\t(b)\tthe other collector is, under clause 14, or the prescribed services organisation is, under clause 15, an exempt person in relation to the weapon; and\n\t(c)\twhile the weapon is in the possession of the first collector, the first collector complies with the conditions in clause 14(1)(a) to (c) in relation to the weapon as though it were part of the first collector's collection.\n17—Manufacturers etc\nA person is an exempt person for the purposes of an offence of manufacture, sale, distribution, supply of, or other dealing in, possession or use of a prohibited weapon under section 21F(1) of this Act if—\n\t(a)\tthe person—\n\t(i)\thas not been found guilty by a court of an offence involving the use, or the threat of using, a weapon; and\n\t(ii)\thas notified the Commissioner in writing that he or she is, or intends, manufacturing, selling, distributing, supplying or otherwise dealing in prohibited weapons and of—\n\t(A)\tthe person's full name; and\n\t(B)\tthe address of the place or places at which the person is, or intends, conducting those activities; and\n\t(C)\tthe person's residential address; and\n\t(D)\tin the case of a body corporate—the full name and residential address of each of its directors; and\n\t(iii)\tthe possession and use is, or is to be, only to the extent reasonably necessary for the purpose of manufacturing, selling, distributing, supplying or otherwise dealing in the weapons (as the case requires); and\n\t(b)\tthe weapons are kept in a safe and secure manner; and\n\t(c)\tin the case of the sale, distribution or supply of, or other dealing in, a prohibited weapon—the weapon is not sold, distributed or supplied to, or dealt in with, a person who is under the age of 18 years; and\n\t(d)\ta prohibited weapon is not marketed (within the meaning of section 21D of this Act) by the person in a way that—\n\t(i)\tindicates, or suggests, that the weapon is suitable for combat; or\n\t(ii)\tis otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon; and\n\t(e)\tin the case of the manufacture of prohibited weapons, each weapon manufactured is marked with an identifying brand and number in a manner that ensures that the brand and number cannot be removed easily and will not wear off in the normal course of use of the weapon; and\n\t(f)\tthe person keeps the following records in a legible manner (and in a form that is reasonably accessible to a police officer inspecting the records under paragraph (i)) at his or her business premises for a period of at least 5 years:\n\t(i)\ta description of each prohibited weapon that is, or has been, in his or her possession;\n\t(ii)\tthe identifying brand and number (if any) that is marked on each of those weapons;\n\t(iii)\tthe name and address of the person to whom he or she sells, distributes, supplies, or with whom he or she otherwise deals in, each of those weapons;\n\t(iv)\tthe date of each transaction; and\n\t(g)\tthe person permits a police officer at any reasonable time to enter his or her premises or a vehicle in which prohibited weapons are carried to inspect the premises or vehicle, the weapons on the premises or in the vehicle or records kept by the exempt person under paragraph (f); and\n\t(h)\tthe person notifies the Commissioner in writing of a change in any of the information referred to in paragraph (a)(i) and (ii) within 7 days after the change occurs.\n18—Possession by manufacturer etc on behalf of prescribed services organisation or another collector\nA person who is, under clause 17, an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act (the manufacturer) will also be an exempt person for the purposes of such an offence in relation to a prohibited weapon that is owned by a collector or a prescribed services organisation if—\n\t(a)\tpossession of the weapon by the manufacturer is solely for the purpose of repairing or restoring the weapon or valuing or storing it on behalf of the collector or prescribed services organisation; and\n\t(b)\tthe collector is, under clause 14, or the prescribed services organisation is, under clause 15, an exempt person in relation to the weapon.\n19—Prescribed weapons—security agents\n\t(1)\tA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if—\n\t(a)\tthe person is—\n\t(i)\tauthorised by a licence granted under the Security and Investigation Industry Act 1995 to carry on the business of protecting or guarding property as a security agent; and\n\t(ii)\tthe holder of a firearms licence under the Firearms Act 2015 authorising the possession and use of a handgun in the course of carrying on the business of guarding property; and\n\t(b)\tthe weapon is kept in a safe and secure manner at the person's business premises when not being used; and\n\t(c)\tthe weapon is marked with a number for identification and with the name of the person in a manner that ensures that the number and name cannot be removed easily and will not wear off in the normal course of use of the weapon; and\n\t(d)\tthe weapon is not issued to another person unless the other person is—\n\t(i)\tan employee in the business; and\n\t(ii)\tan exempt person under subclause (2); and\n\t(e)\tthe person keeps the following records in a legible manner (and in a form that is reasonably accessible to a police officer inspecting the records under paragraph (f)) at his or her business premises for a period of at least 5 years:\n\t(i)\tthe make and model of the weapon and the identifying number marked on the weapon under paragraph (c);\n\t(ii)\tthe date and time of every issue of the weapon to an employee, the identification number of the weapon, the identity of the employee to whom the weapon is issued and the date and time when the weapon is returned by the employee;\n\t(iii)\tthe date or dates (if any) on which a person to whom the weapon has been issued uses the weapon (as opposed to carrying the weapon) in the course of his or her duties and the reason for that use of the weapon; and\n\t(f)\tthe person permits a police officer at any reasonable time to enter his or her business premises to inspect the weapon, the manner in which the weapon is kept and the records kept under paragraph (e); and\n\t(g)\tin the case of a natural person—\n\t(i)\tthe person has completed a course of instruction approved by the Commissioner in the proper use of such weapons and has been awarded a certificate of competency by the person conducting the course; and\n\t(ii)\tthe person does not carry the weapon while engaged in crowd control.\n\t(2)\tA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if the person—\n\t(a)\tis employed to protect or guard property by a person who carries on the business of protecting or guarding property; and\n\t(b)\tis authorised by a licence granted under the Security and Investigation Industry Act 1995 to protect or guard property as a security agent; and\n\t(c)\tis the holder of a firearms licence under the Firearms Act 2015 authorising the possession and use of a handgun in the course of employment by a person who carries on the business of guarding property; and\n\t(d)\treasonably requires the possession of the weapon for the purposes of carrying out the duties of his or her employment; and\n\t(e)\thas completed a course of instruction approved by the Commissioner of Police in the proper use of such weapons and has been awarded a certificate of competency by the person conducting the course; and\n\t(f)\thas not been found guilty by a court of an offence involving the illegal possession or use of such a weapon, a firearm or any other weapon; and\n\t(g)\tdoes not carry the weapon while engaged in crowd control; and\n\t(h)\tas soon as reasonably practicable after using the weapon in the course of his or her duties, provides his or her employer with a written report setting out the date on which, and the circumstances in which, he or she used the weapon.\n20—Prescribed weapons—members of Scottish associations\nA person is an exempt person for the purposes of an offence of possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the possession of a weapon of a kind prescribed for the purposes of this clause if—\n\t(a)\t—\n\t(i)\tthe person is a member of an incorporated association that has as its sole or a principal purpose the fostering and preservation of Scottish culture or the playing or singing of Scottish music; or\n\t(ii)\tthe person is a member of a society, body or other group (whether or not incorporated) that is affiliated with an incorporated association and both the society, body or group and the incorporated association with which it is affiliated have as their sole or a principal purpose the fostering and preservation of Scottish culture or the playing or singing of Scottish music; and\n\t(b)\tthe person has possession of all of the clothes and other accoutrements traditionally worn with the weapon (or, if the weapon is traditionally worn with different clothes on different occasions, he or she has possession of the clothes and accoutrements for at least 1 of those occasions); and\n\t(c)\tthe person has possession of the weapon solely for the purpose of—\n\t(i)\twearing it with that clothing; and\n\t(ii)\tif the weapon is of a kind prescribed for the purposes of this subparagraph—using it in traditional Scottish ceremonies; and\n\t(d)\tif the weapon is of a kind prescribed for the purposes of paragraph (c)(ii)—the person only uses the weapon for the purposes of traditional Scottish ceremonies; and\n\t(e)\tthe person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except—\n\t(i)\tfor the purpose of wearing it with that clothing; or\n\t(ii)\tfor the purpose of lending it to a person who is entitled under section 21F of this Act to have possession of it; or\n\t(iii)\tfor the purpose of permanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it).\n21—Prescribed weapons—lodges of Freemasons etc\nA prescribed masonic organisation is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if the weapon—\n\t(a)\tis only used at the premises of the organisation for traditional ceremonial purposes; and\n\t(b)\twhen not in use, is kept at the premises of the organisation, in a safe and secure manner; and\n\t(c)\tis not removed from the premises except for the purpose of—\n\t(i)\trepair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or\n\t(ii)\tvaluation by a person who carries on a business that includes valuing articles of that kind; or\n\t(iii)\tpermanently transferring possession of the weapon to another person (being a person who is entitled under section 21F of this Act to have possession of it).\n22—Prescribed weapons—astronomical purposes\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if—\n\t(a)\tthe person is using or has possession of the weapon for the purpose or in the course of participating in astronomy; and\n\t(b)\tthe person—\n\t(i)\tis a member of—\n\t(A)\tthe Astronomical Society of South Australia Incorporated; or\n\t(B)\tthe Mars Society Australia Incorporated; or\n\t(ii)\tparticipates in astronomy under the supervision of a member of a body referred to in subparagraph (i); or\n\t(iii)\tparticipates in astronomy at an observatory; or\n\t(iv)\tparticipates in astronomy as part of a course of study conducted by an educational institution.\n23—Prescribed weapons—food preparation\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to the use or possession of a weapon of a kind prescribed for the purposes of this clause if the use or possession is solely for the preparation of food or drink for human consumption.\n24—Prescribed weapons—NSW fisheries officers\nA person is an exempt person for the purposes of an offence of use or possession of a prohibited weapon under section 21F(1)(b) of this Act in relation to a baton designed for use as a weapon that can be extended in length by gravity or centrifugal force or by a release button or other device if the person is a fisheries officer (within the meaning of the Fisheries Management Act 1994 of New South Wales) who uses or possesses the weapon in the course of official duties or functions under that Act.\nLegislative history\nFormerly\nPolice Offences Act 1953\nNotes\n\t•\tThis version is comprised of the following:\n1.7.2020\nSchedules\n\t•\tIn this version provisions that are uncommenced appear in italics.\n\t•\tAmendments of this version that are uncommenced are not incorporated into the text.\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Summary Offences Act 1953 amended the following:\nPolice Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Police Offences Act 1953\n17.12.1953\n1.3.1954 (Gazette 28.1.1954 p155)\n Police Offences Act Amendment Act 1956\n29.11.1956\n29.11.1956\n Police Offences Act Amendment Act 1957\n14.11.1957\n14.11.1957\n Police Offences Act Amendment Act 1958\n30.10.1958\n30.10.1958\n Police Offences Act Amendment Act 1960\n12.5.1960\n12.5.1960\n Police Offences Act Amendment Act (No. 2) 1960\n Police Offences Act Amendment Act (No. 3) 1960\n Police Offences Act Amendment Act 1961\n Police Offences Act Amendment Act (No. 2) 1961\n Statute Law Revision Act 1965\n9.12.1965\n9.12.1965\n Police Offences Act Amendment Act 1967\n9.11.1967\n9.11.1967\n Police Offences Act Amendment Act 1972\n6.4.1972\n13.4.1972 (Gazette 13.4.1972 p1431)\n Police Offences Act Amendment Act (No. 2) 1972\n7.9.1972\n19.10.1972 (Gazette 19.10.1972 p1928)\n Police Offences Act Amendment Act (No. 3) 1972\n7.12.1972\n15.2.1973 (Gazette 15.2.1973 p495)\n Police Offences Act Amendment Act 1973\n8.11.1973\n8.11.1973\n Police Offences Act Amendment Act (No. 2) 1973\n Statute Law Revision Act 1973\n Classification of Publications Act 1974\n18.7.1974 (Gazette 11.7.1974 p99)\n Statute Law Revision Act 1974\n Police Offences Act Amendment Act 1974\n8.8.1974\n8.8.1974\n Criminal Law (Sexual Offences) Amendment Act 1975\n2.10.1975\n2.10.1975\n Police Offences Act Amendment Act 1975\n23.10.1975\n23.10.1975\n Police Offences Act Amendment Act 1976\n Police Offences Act Amendment Act (No. 2) 1976\n Police Offences Act Amendment Act (No. 3) 1976\n16.12.1976\n3.9.1984 (Gazette 30.8.1984 p694)\n Police Offences Act Amendment Act 1978\n Police Offences Act Amendment Act (No. 2) 1978\n Police Offences Act Amendment Act (No. 3) 1978\n Police Offences Act Amendment Act 1979\n15.3.1979\n1.7.1979 (Gazette 24.5.1979 p1498)\n Police Offences Act Amendment Act 1980\n Police Offences Act Amendment Act 1981\n19.3.1981\n1.1.1982 (Gazette 26.11.1981 p2134)\n Police Offences Act Amendment Act 1983\n13.10.1983\n14.11.1983 (Gazette 10.11.1983 p1354)\n Statutes Amendment (Criminal Law Consolidation and Police Offences) Act 1983\n22.12.1983 (Gazette 22.12.1983 p1718)\n Statute Law Revision Act 1984\nSch 4—6.7.1985 (Gazette 9.5.1985 p1398)\n Police Offences Act Amendment Act 1984\n Statutes Amendment (Bail) Act 1985\n7.3.1985\n7.7.1985 (Gazette 9.5.1985 p1398)\n Police Offences Act Amendment Act 1985\n2.5.1985\n10.5.1985 except ss 4, 9, 21, 26, 28—36, Sch—8.7.1985 (Gazette 9.5.1985 p1398)\n Summary Offences Act Amendment Act 1986\n10.4.1986\n1.7.1986 (Gazette 1.5.1986 p1104)\n Criminal Law Consolidation Act Amendment Act 1986\n4.12.1986\n1.2.1987 (Gazette 15.1.1987 p52)\n Summary Offences Act Amendment Act (No. 2) 1986\n Summary Offences Act Amendment Act (No. 3) 1986\n5.4.1987 (Gazette 26.2.1987 p434)\n Summary Offences Act Amendment Act (No. 4) 1986\n30.3.1987 (Gazette 26.2.1987 p440)\n Summary Offences Act Amendment Act 1987\n Summary Offences Act Amendment Act (No. 2) 1987\n17.12.1987\n1.5.1988 (Gazette 21.4.1988 p1016)\n Summary Offences Act Amendment Act 1988\n1.12.1988\n6.3.1989 (Gazette 2.3.1989 p594)\n Summary Offences Act Amendment Act (No. 2) 1988\n1.12.1988\n1.7.1989 (Gazette 29.6.1989 p1753)\n Statutes Amendment (Criminal Law Consolidation and Summary Offences) Act 1988\n15.12.1988\n6.3.1989 (Gazette 23.2.1989 p539)\n Summary Offences Act Amendment Act 1989\n31.8.1989\n5.10.1989 (Gazette 5.10.1989 p1022)\n Statute Law Revision Act 1990\n26.4.1990\nSch 7—24.9.1990 (Gazette 6.9.1990 p778)\n Summary Offences Act Amendment Act 1990\n3.5.1990\n26.7.1990 (Gazette 19.7.1990 p344)\n Summary Offences Act Amendment Act (No. 2) 1990\n22.11.1990\n7.2.1991 (Gazette 7.2.1991 p366)\n Summary Offences (Child Pornography) Amendment Act 1992\n Statutes Amendment and Repeal (Public Offences) Act 1992\n6.7.1992 (Gazette 2.7.1992 p209)\n Statutes Amendment (Illegal Use of Motor Vehicles) Act 1992\n6.7.1992 (Gazette 2.7.1992 p209)\n Summary Offences (Prevention of Graffiti Vandalism) Amendment Act 1992\n4.6.1992 (Gazette 28.5.1992 p1512)\n Summary Offences (Road Blocks) Amendment Act 1992\n Statutes Repeal and Amendment (Places of Public Entertainment) Act 1993\n27.10.1993\n3.4.1995 (Gazette 23.2.1995 p422)\n Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994\n27.10.1994\n1.1.1995 (Gazette 8.12.1994 p1942)\n State Disaster (Major Emergencies and Recovery) Amendment Act 1994\n1.12.1994\n2.2.1995 (Gazette 2.2.1995 p200)\n Statutes Amendment (Attorney-General's Portfolio) Act 1995\n27.4.1995\ns 21—10.7.1995 (Gazette 29.6.1995 p2973); s 20—27.4.1997 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (Recording of Interviews) Act 1995\n10.8.1995\nPts 1 & 2 and Sch (cl 1)—3.3.1996 (Gazette 21.12.1995 p1760)\n Summary Offences (Indecent or Offensive Material) Amendment Act 1995\n Summary Offences (Overcrowding at Public Venues) Amendment Act 1995\n14.12.1995\n21.12.1995 (Gazette 21.12.1995 p1760)\n Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n2.5.1996\nSch (cl 34)—3.2.1997 (Gazette 19.12.1996 p1923)\n Second-hand Dealers and Pawnbrokers Act 1996\n19.12.1996\n1.3.1998 (Gazette 19.2.1998 p932)\n Statutes Amendment (Attorney-General's Portfolio) Act 1997\n31.7.1997\nPt 9 (s 17)—14.9.1997 (Gazette 11.9.1997 p704)\n Criminal Law (Forensic Procedures) Act 1998\n2.4.1998\n25.7.1999 (Gazette 15.7.1999 p234)\n Summary Offences (Offensive and other Weapons) Amendment Act 1998\n17.12.1998\n17.12.2000 (Gazette 23.11.2000 p3235)\n Statutes Amendment and Repeal (Justice Portfolio) Act 1999\n5.8.1999\nPt 11 (s 54)—1.1.2000 (Gazette 23.9.1999 p1208)\n Criminal Law Consolidation (Sexual Servitude) Amendment Act 2000\n Boxing and Martial Arts Act 2000\n13.7.2000\nSch (cl 1)—11.7.2002 (Gazette 4.7.2002 p2794)\n Summary Offences (Searches) Amendment Act 2000\n20.7.2000\nss 1—3—22.2.2002 (Gazette 10.1.2002 p4)\n Graffiti Control Act 2001\n11.10.2001\ns 14 & Sch—1.2.2002 (Gazette 15.1.2002 p184)\n Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002\n31.10.2002\nSch 3 (cl 8)—5.7.2003 (Gazette 15.5.2003 p1979)\n Statutes Amendment (Attorney-General's Portfolio) Act 2002\n28.11.2002\nPt 10 (s 18)—3.3.2003 (Gazette 27.2.2003 p807)\n Coroners Act 2003\n31.7.2003\nSch (Pt 13)—1.7.2005 (Gazette 23.6.2005 p1899) \n Statutes Amendment (Anti-Fortification) Act 2003\n30.10.2003\nPt 3 (s 8) & Sch—1.2.2004 (Gazette 15.1.2004 p197)\n Summary Offences (Vehicle Immobilisation Devices) Amendment Act 2003\n4.12.2003\n10.1.2005 (Gazette 2.12.2004 p4443) \n Statutes Amendment (Computer Offences) Act 2004\n4.3.2004\nPt 3 (s 5)—30.5.2004 (Gazette 22.4.2004 p1086)\n Summary Offences (Consumption of Dogs and Cats) Amendment Act 2004\n4.3.2004\n3.5.2004 (Gazette 22.4.2004 p1087)\n Summary Offences (Offensive Weapons) Amendment Act 2004\n1.4.2004\n1.7.2004 (Gazette 3.6.2004 p1717)\n Emergency Management Act 2004\n29.7.2004\nSch 1 (cl 5)—25.11.2004 (Gazette 25.11.2004 p4406)\n Criminal Law Consolidation (Child Pornography) Amendment Act 2004\n16.12.2004\nPt 4 (s 9)—30.1.2005 (Gazette 13.1.2005 p67)\n Statutes Amendment (Misuse of Motor Vehicles) Act 2004\n16.12.2004\nPt 3 (s 6)—7.2.2005; Pt 3 (s 7)—2.5.2005 (Gazette 20.1.2005 p260) \n Road Traffic (Excessive Speed) Amendment Act 2005\n9.6.2005\nSch 1—1.12.2005 (Gazette 10.11.2005 p3926)\n Fire and Emergency Services Act 2005\n14.7.2005\nSch 6 (cl 12)—1.10.2005 (Gazette 29.9.2005 p3547)\n Statutes Amendment and Repeal (Aggravated Offences) Act 2005\nPt 6 (s 28)—15.5.2006 (Gazette 20.4.2006 p1127)\n Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006\n29.6.2006\nPt 5 (ss 67—69)—30.4.2007 (Gazette 26.4.2007 p1353)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 72 (ss 225 & 226)—4.9.2006 (Gazette 17.8.2006 p2831)\n Summary Offences (Gatecrashers at Parties) Amendment Act 2007\n15.2.2007\nPt 2 (ss 4 & 5)—1.4.2007 (Gazette 29.3.2007 p930)\n Criminal Law (Forensic Procedures) Act 2007\n29.3.2007\nSch 1 (cl 4)—14.5.2007 (Gazette 10.5.2007 p1977)\n Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007\n2.8.2007\nSch 1 (cll 2 & 3)—16.12.2007 (Gazette 6.12.2007 p4734)\n Statutes Amendment (Public Order Offences) Act 2008\n17.4.2008\nPt 3 (s 6)—8.6.2008 (Gazette 5.6.2008 p1871)\n Summary Offences (Drug Paraphernalia) Amendment Act 2008\n8.5.2008\nPt 2 (s 4)—8.6.2008 (Gazette 5.6.2008 p1872)\n Serious and Organised Crime (Control) Act 2008\n15.5.2008\nSch 1 (cll 6 & 7)—4.9.2008 (Gazette 4.9.2008 p4227)\n Firearms (Firearms Prohibition Orders) Amendment Act 2008\n12.6.2008\nSch 1 (cl 2)—27.11.2008 (Gazette 27.11.2008 p5277)\n Controlled Substances (Drug Detection Powers) Amendment Act 2008\n31.7.2008\nSch 1 (cl 1)—23.10.2008 (Gazette 23.10.2008 p4931)\n Summary Offences (Indecent Filming) Amendment Act 2008\n6.11.2008\n8.2.2009 (Gazette 5.2.2009 p534)\n Statutes Amendment (Public Health Incidents and Emergencies) Act 2009\n25.6.2009\nPt 9 (s 28)—25.6.2009\n Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) (Miscellaneous) Amendment Act 2009\n10.12.2009\nSch 1 (cll 1 & 2)—31.10.2010 (Gazette 30.9.2010 p4990)\n Health Practitioner Regulation National Law (South Australia) Act 2010\nSch 1 (cl 27)—1.7.2010 (Gazette 1.7.2010 p3338)\n South Australian Public Health Act 2011\n16.6.2011\nSch 1 (cl 10)—16.9.2012 (Gazette 30.8.2012 p3945)\n Summary Offences (Tattooing, Body Piercing and Body Modification) Amendment Act 2011\n6.10.2011\nPt 2 (s 4)—15.12.2012 immediately after Pt 1 of 20/2012 (Gazette 15.11.2012 p5008)\n Education and Early Childhood Services (Registration and Standards) Act 2011\n8.12.2011\nSch 3 (cl 24)—1.1.2012 (Gazette 15.12.2011 p4986)\n Statutes Amendment (Serious and Organised Crime) Act 2012\n10.5.2012\nPt 11 (ss 45—48)—17.6.2012 (Gazette 14.6.2012 p2756)\n Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012\n10.5.2012\nSch 1 (cll 1—3)—17.6.2012 (Gazette 14.6.2012 p2756)\n Statutes Amendment (Criminal Intelligence) Act 2012\n24.5.2012\nPt 8 (ss 12—15)—12.7.2012 (Gazette 12.7.2012 p3110)\n Summary Offences (Weapons) Amendment Act 2012\n24.5.2012\nPt 2 (ss 4—10) & Sch 1 (cl 4)—15.12.2012 except new s 21D (as inserted by s 5)—3.2.2013 (Gazette 15.11.2012 p5009)\n Correctional Services (Miscellaneous) Amendment Act 2012\n7.6.2012\nSch 1 (cl 1)—31.8.2012 (Gazette 23.8.2012 p3827)\n Statutes Amendment (Serious Firearm Offences) Act 2012\n27.9.2012\nPt 6 (s 31)—15.10.2012 (Gazette 15.10.2012 p4652)\n Summary Offences (Drug Paraphernalia) Amendment Act 2012\n Statutes Amendment (Courts Efficiency Reforms) Act 2012\n22.11.2012\nPt 12 (s 35)—1.7.2013 (Gazette 16.5.2013 p1541)\n Independent Commissioner Against Corruption Act 2012\n6.12.2012\nSch 3 (cl 73)—1.9.2013 (Gazette 23.5.2013 p2006)\n Summary Offences (Filming Offences) Amendment Act 2013\n14.3.2013\n9.5.2013 (Gazette 9.5.2013 p1424)\n Statutes Amendment (Attorney-General's Portfolio) Act 2013\n18.4.2013\nPt 12 (ss 26 & 27)—9.6.2013 (Gazette 6.6.2013 p2498)\n Child Sex Offenders Registration (Miscellaneous) Amendment Act 2013\n3.10.2013\nSch 1 (cl 3)—22.12.2013 (Gazette 19.12.2013 p4923)\n Statutes Amendment (Arrest Procedures and Bail) Act 2013\n7.11.2013\nPt 3 (ss 14—17)—1.10.2014 (Gazette 4.9.2014 p4244)\n Statutes Amendment (Attorney-General's Portfolio) Act 2014\n11.12.2014\nPt 7 (s 13)—1.4.2015 (Gazette 19.2.2015 p793)\n Statutes Amendment (Vulnerable Witnesses) Act 2015\nPt 5 (s 22—29)—1.7.2016 (Gazette 23.6.2016 p2618)\n Statutes Amendment (Serious and Organised Crime) Act 2015\nPt 4 (ss 10 & 11)—6.8.2015 (Gazette 6.8.2015 p3752)\n Firearms Act 2015\n17.12.2015\nSch 1 (cll 20—22)—1.7.2017 (Gazette 27.6.2017 p2619)\n Local Nuisance and Litter Control Act 2016\n26.5.2016\nSch 2 (cl 7)—1.7.2017 (Gazette 21.7.2016 p2988)\n Statutes Amendment (Attorney-General's Portfolio) Act 2016\nPt 13 (ss 29 & 32)—16.6.2016: s 2(1); s 30—1.7.2016 immediately after s 26 of 16/2015: s 2(6); s 31—1.12.2016 immediately after Sch 1 Pt 1 of Youth Justice Administration Act 2016: s 2(7)\n Statutes Amendment (Gender Identity and Equity) Act 2016\n4.8.2016\nPt 13 (s 38)—8.9.2016 (Gazette 8.9.2016 p3676)\n Summary Offences (Filming and Sexting Offences) Amendment Act 2016\n29.9.2016\n28.10.2016 (Gazette 27.10.2016 p4237)\n Summary Offences (Declared Public Precincts) Amendment Act 2017\n28.2.2017\n1.5.2017 (Gazette 5.4.2017 p1023)\n Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017\nPt 3 (s 7)—18.7.2017: s 2\n Summary Offences (Interviewing Vulnerable Witnesses) Amendment Act 2017\n Liquor Licensing (Liquor Review) Amendment Act 2017\n28.11.2017\nSch 1 (cll 9 & 10)—18.11.2019 (Gazette 7.11.2019 p3759)\n Statutes Amendment (Sentencing) Act 2017\n28.11.2017\nPt 20 (s 31)—30.4.2018 (Gazette 6.2.2018 p612)\n Statutes Amendment (Extremist Material) Act 2017\nPt 3 (s 5)—23.1.2018 (Gazette 23.1.2018 p282)\n Statutes Amendment (Explosives) Act 2017\nPt 3 (ss 7 & 8)—1.5.2018 (Gazette 6.2.2018 p611)\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\nPt 19 (s 129)—22.10.2018 (Gazette 19.12.2017 p5119)\n Summary Offences (Disrespectful Conduct in Court) Amendment Act 2018\n15.11.2018\n20.12.2018 (Gazette 20.12.2018 p4355)\n(229)\n Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077)\n—\nSch 1 (cll 6 & 7)—1.12.2018: r 2\n Summary Offences (Liquor Offences) Amendment Act 2018\n13.12.2018\nPt 2 (s 4)—13.12.2020 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019\n11.7.2019\nPt 5 (s 11)—24.10.2019 (Gazette 24.10.2019 p3572)\n Criminal Law Consolidation (Assaults on Prescribed Emergency Workers) Amendment Act 2019\n1.8.2019\nSch 1 (cl 4)—3.10.2019 (Gazette 3.10.2019 p3398)\n Education and Children's Services Act 2019\n8.8.2019\nSch 1 (cl 14)—1.7.2020 (Gazette 11.6.2020 p3305)\n Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019\n19.9.2019\nPt 15 (s 23)—13.12.2020 immediately after s 4 of 40/2018: s 2(7)\n Statutes Amendment and Repeal (Simplify) Act 2019\nPt 48 (s 92)—3.10.2019: s 2(1)\n Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Act 2019\nSch 1 (cl 1)—3.1.2020: s 2(2)\n Statutes Amendment and Repeal (Classification of Publications, Films and Computer Games) Act 2019\n5.12.2019\nPt 3 (s 21)—3.2.2020 (Gazette 30.1.2020 p185)\n Summary Offences (Trespass on Primary Production Premises) Amendment Act 2020\n7.5.2020\n9.7.2020 (Gazette 25.6.2020 p3505)\n(66)\n Summary Offences (Variation of Schedule 2) Regulations 2020 (Gazette 21.5.2020 p2492 (replaced Gazette 21.5.20 p 2460))\n—\n21.5.2020: r 2\n Statutes Amendment (Attorney-General's Portfolio) Act 2020\n1.10.2020\nPt 7 (s 14)—13.12.2020 immediately after s 4 of 40/2018 insofar as it inserts s 21OC: s 2(4)\n Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021\nSch 1 (cll 55 & 76)—7.10.2021: s 2\n Statutes Amendment (Spit Hood Prohibition) Act 2021\nPt 5 (s 6)—25.11.2021\n Statutes Amendment (Child Sexual Abuse) Act 2021\n9.12.2021\nPt 6 (s 22)—1.6.2022 (Gazette 17.2.2022 p490)\n Summary Offences (Dog Theft) Amendment Act 2022\n8.12.2022\n13.2.2023 (Gazette 2.2.2023 p194)\n Summary Offences (Obstruction of Public Places) Amendment Act 2023\n Summary Offences (Nazi Salute and Symbols Prohibition) Amendment Act 2024\n4.7.2024\n5.8.2024 (Gazette 1.8.2024 p2279)\n Criminal Law Consolidation (Stalking and Harassment) Amendment Act 2025\n13.2.2025\nSch 1 (cl 5)—8.6.2025 (Gazette 15.5.2025 p1171)\n Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025\nPt 11 (s 20)—12.3.2025: s 2(1)\n Summary Offences (Knives and Other Weapons) Amendment Act 2025\n12.3.2025: s 2(1) except ss 3 to 5, insertion of s 21DA by s 6 & s 7—1.7.2025 (Gazette 26.6.2025 p2059) and except insertion of ss 21DB & 21DC by s 6—1.7.2026 (Gazette 4.9.2025 p3773) and except s 11—uncommenced\n Summary Offences (Humiliating, Degrading or Invasive Depictions) Amendment Act 2025\n22.5.2025\n3.11.2025 (Gazette 30.10.2025 p4242)\n Children and Young People (Safety and Support) Act 2025\n12.6.2025\nSch 2 (cll 40 & 41)—uncommenced\n Summary Offences (Prohibition of Publication of Certain Material) Amendment Act 2025\n25.9.2025\n16.2.2026 (Gazette 22.1.2026 p83)\n Statutes Amendment (Claim Farming) Act 2025\n30.10.2025\nPt 3 (s 5)—uncommenced\n Statutes Amendment (Attorney-General's Portfolio) Act 2025\nPt 6 (s 8)—20.11.2025: s 2\n Firearms (Digital Blueprints for 3D Printing) Amendment Act 2025\n27.11.2025\nSch 1 (cll 1 to 6)—19.2.2026 (Gazette 19.2.2026 p361)\n Summary Offences (High Risk Missing Persons) Amendment Act 2025\n4.12.2025: s 2\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 8 of The Public General Acts of South Australia 1837-1975 at page 429.\n\t•\tCertain textual alterations were made to this Act by the Commissioner of Statute Revision when preparing the reprint of the Act that incorporated all amendments in force as at 8 July 1985. A Schedule of these alterations was laid before Parliament on 1 August 1985.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\n\nsubstituted by 46/2003 Sch 1\nPt 1\n\nPt 1 heading\ninserted by 46/2003 Sch 1\ns 1\nsubstituted by 46/1985 s 3\ns 2\ndeleted by 23/1990 s 3(1) (Sch 7)\ns 4\n\ns 4(1)\ndeclared public precinct\ninserted by 3/2017 s 4\ndeclared public precinct period\ninserted by 3/2017 s 4\nmajor offence\ninserted by 56/2003 s 4\nminor\ninserted by 52/1980 s 2(a)\nmotor vehicle\ninserted by 74/2009 Sch 1 cl 1\nplace of public entertainment\ninserted by 46/1985 s 4(a)\n\nsubstituted by 87/1993 s 13\n3.4.1995\n\ndeleted by 106/1995 s 3(a)\nprimary production activities\ninserted by 10/2020 s 4\npublic venue\ninserted by 106/1995 s 3(b)\nsenior police officer\ninserted by 38/1990 s 3\n\nserious and organised crime offence\ninserted by 12/2012 s 45\ntelephone\ninserted by 46/1985 s 4(b)\nto tattoo\ninserted by 52/1980 s 2(b)\ns 4(2)\ns 5\n\nPt 2\n\nPt 2 heading\nheading preceding s 6 deleted and Pt 2 heading inserted by 46/2003 Sch 1\n\nsubstituted by 13/2012 Sch 1 cl 1\ns 6\n\ns 6(1)\n\ndeleted by 17/2019 Sch 1 cl 4\ns 6(2)\n\ns 6(3) and (4)\n\ns 6(5)\n\npolice officer\nmember of the police force renamed police officer by 46/2003 Sch 1\ns 6(6)\ndeleted by 46/1985 s 5\ns 6AA\ninserted by 13/2012 Sch 1 cl 2\nPt 3\n\nPt 3 heading\nheading preceding s 7 deleted and Pt 3 heading inserted by 46/2003 Sch 1\ns 6A\ninserted by 8/2008 s 6\ns 7\n\ns 7(1) and (2)\n\ns 7(3)\n\npublic place\n\ns 7A before substitution by 62/2005\ninserted by 35/1992 s 19\ns 7A(1)\ns 7A\nsubstituted by 62/2005 s 28\n15.5.2006\ns 8\n\ns 8(1)\n\ns 8(2)\n\nsubstituted by 36/2000 Sch cl 1\n11.7.2002\ns 8(3)\ndeleted by 46/1985 s 6\ns 9\namended by 69/1983 s 3\n14.11.1983\n\ndeleted by 106/1976 s 3\n3.9.1984\ns 9A\n\ns 9A(1)—(3)\ndeleted by 106/1976 s 4\n3.9.1984\ns 9A(4)\n\ns 9A(5)\n\ndeleted by 46/1985 s 7\ns 9B\ninserted by 11/2008 s 4\ns 9B(7)\n\nprohibited item\namended by 36/2012 s 3\ns 10\ndeleted by 46/1985 s 8\n\ninserted by 4/2004 s 4\n3.5.2004\ns 11\n\ns 11A\ninserted by 46/1985 s 9\n\ns 12\n\ns 12(1)\n\ns 12(2)\ns 13\n\ndeleted by 13/2008 Sch 1 cl 6\ns 13\ninserted by 12/2012 s 46\n\nsubstituted by 19/2015 s 10\ns 15 before deletion by 20/2012\n\ns 15(1)\namended by 46/1985 s 10(a)\n\namended by 78/1998 s 3(a)\ns 15(1a)\ndeleted by 46/1985 s 10(b)\n\ninserted by 103/1988 s 4(a)\n\namended by 78/1998 s 3(b), (c)\n\ndeleted by 15/2008 Sch 1 cl 2(1)\ns 15(1b)\ninserted by 102/1978 s 2(a)\n\namended by 78/1998 s 3(d)\ns 15(1ba)—(1bc)\ninserted by 5/2004 s 4(1)\ns 15(1c)—(1e)\ninserted by 78/1998 s 3(e)\ns 15(1f)\ninserted by 78/1998 s 3(e)\n\n(a) deleted by 15/2008 Sch 1 cl 2(2)\ns 15(2)\nsubstituted by 102/1978 s 2(b)\n\namended by 46/1985 s 10(c)\n\namended by 103/1988 s 4(b)\n\namended by 78/1998 s 3(f)\n\namended by 15/2008 Sch 1 cl 2(3)\ns 15(2a)\ninserted by 78/1998 s 3(g)\n\namended by 24/2012 Sch 1 cl 1\n31.8.2012\ns 15(2b)—(2g)\ninserted by 78/1998 s 3(g)\ns 15(3)\n\ncarry\ndeleted by 78/1998 s 3(h)\ndangerous article\ninserted by 102/1978 s 2(c)\nexempt person\ninserted by 78/1998 s 3(i)\nfirearm\ninserted by 103/1988 s 4(c)\n\ndeleted by 15/2008 Sch 1 cl 2(4)\nlicensed premises\ninserted by 5/2004 s 4(2)\nnight\ninserted by 5/2004 s 4(2)\noffensive weapon\namended by 78/1998 s 3(j), (k)\nofficial ceremony\ninserted by 78/1998 s 3(l)\nprescribed drug\nsubstituted by 102/1978 s 2(d)\n\ndeleted by 46/1985 s 10(d)\nprohibited weapon\ninserted by 78/1998 s 3(l)\ns 15(3a)\ninserted by 78/1998 s 3(m)\n\namended by 15/2008 Sch 1 cl 2(5), (6)\ns 15(4)\ninserted by 103/1988 s 4(d)\n\ndeleted by 15/2008 Sch 1 cl 2(7)\ns 15(5)\ns 15(4) inserted by 102/1978 s 2(e)\n\ns 15(4) substituted by 46/1985 s 10(e)\n\ns 15(4) redesignated as s 15(5) by 23/1990 s 3(1) (Sch 7)\n\ndeleted by 78/1998 s 3(n)\ns 15\ndeleted by 20/2012 s 4\ns 15A before deletion by 20/2012\ninserted by 27/1995 s 20\n27.4.1997\ns 15A(1)\ns 15A(1a) and (1b)\ninserted by 59/1997 s 17\n14.9.1997\ns 15A\ndeleted by 20/2012 s 4\ns 16\n\ns 16(1)\n\ns 16(2) and (3)\ns 17\n\namended by 53/1984 s 2\n\nsubstituted by 46/1985 s 11\ns 17(a1) and (a2)\ninserted by 10/2020 s 5(1)\ns 17(1)\n\namended by 37/1992 s 7\n\namended by 10/2020 s 5(2)\ns 17(1a)\ninserted by 50/1984 s 3(1) (Sch 4)\n\ns 17(2)\n\ns 17(3)\n\ns 17(3a) and (3b)\ninserted by 10/2020 s 5(3)\ns 17(4)\nsubstituted by 104/1986 s 2\nprimary production premises\ninserted by 10/2020 s 5(4)\ns 17AA\ninserted by 74/2009 Sch 1 cl 2\ns 17AA(5)\namended by 53/2017 s 31\n30.4.2018\ns 17A\ninserted by 53/1984 s 3\ns 17A(1)\n\namended by 10/2020 s 6(1)\ns 17A(2)\namended by 46/1985 s 12(a)\n\nsubstituted by 104/1986 s 3(a)\n\ns 17A(2a)\ninserted by 46/1985 s 12(b)\n\nsubstituted by 104/1986 s 3(a)\n\ns 17A(2b)\ninserted by 104/1986 s 3(a)\n\ndeleted by 2/2007 s 4\ns 17A(2c)\ninserted by 104/1986 s 3(a)\n\ndeleted by 2/2007 s 4\ns 17A(3)\n\noffensive\ninserted by 46/1985 s 12(c)\nprimary production premises\ninserted by 10/2020 s 6(2)\npremises\nsubstituted by 104/1986 s 3(b)\ns 17A(4)\ninserted by 104/1986 s 3(c)\n\ns 17AB\ninserted by 2/2007 s 5\ns 17AB(12)\n\nprivate party\namended by 49/2017 Sch 1 cl 9\ns 17AC\ninserted by 2/2007 s 5\ns 17B\ninserted by 53/1984 s 3\n\ndeleted by 46/1985 s 13\n\ninserted by 104/1986 s 4\ns 17B(1)\n\namended by 10/2020 s 7(1), (2)\ns 17B(3)\ninserted by 10/2020 s 7(3)\ns 17C\ninserted by 104/1986 s 4\ns 17C(1)\n\namended by 10/2020 s 8\ns 17D\ninserted by 35/1992 s 20\ns 17D(1) and (2)\ns 18\n\namended by 46/1985 s 14\n\nsubstituted by 35/1992 s 20\ns 18(1)\ns 18(2)\ns 18(3)—(5)\ns 18(6)\n\namended by 46/2015 Sch 1 cl 20\ns 18(7)\ns 18(8)\ns 18A\n\ndeleted by 79/1988 s 3\n1.7.1989\n\ninserted by 35/1992 s 20\ns 18A(1)\ns 18A(2) and (3)\ns 19\n\ndeleted by 46/1985 s 15\ns 20\n\ns 20(1)\n\ns 21\n\ns 21(1)\n\ns 21AA\ninserted by 40/2025 s 3\n16.2.2026\nPt 3A\ninserted by 20/2012 s 5\n15.12.2012 except s 21D—3.2.2013\ns 21A\n\ns 21A(1)\n\ndirect sales transaction\ninserted by 10/2025 s 3(1)\neducation facility\ninserted by 10/2025 s 3(2)\noffensive weapon\namended by 10/2025 s 3(3)\nschool\ndeleted by 10/2025 s 3(4)\ns 21C\n\ns 21C(7)\namended by 10/2025 s 4\ns 21D\n\ns 21D(1)\namended by 10/2025 s 5(1)\ns 21D(2)\namended by 10/2025 s 5(2)\ns 21DA\ninserted by 10/2025 s 6\nss 21DB and 21DC\ninserted by 10/2025 s 6\nuncommenced\ns 21E\nheading amended by 10/2025 s 7(1)\n\namended by 10/2025 s 7(2)\ns 21F\n\ns 21F(3)\namended by 25/2014 s 13(1), (2)\ns 21F(4a) and (4b)\ninserted by 25/2014 s 13(3)\ns 21G\n\ns 21G(4)\n\nenrolled nurse\namended by 229/2018 Sch 1 cl 6(1)\nregistered nurse\namended by 229/2018 Sch 1 cl 6(2)\ns 21I\n\ns 21I(10)\nsubstituted by 27/2017 s 7\ns 21L\n\ns 21L(2)\namended by 10/2025 s 8\nPt 3B\ninserted by 40/2018 s 4\ns 21OC\n\ns 21OC(1a)\ninserted by 34/2020 s 14\ns 21OD\n\ns 21OD(3)\namended by 21/2019 s 23\nPt 4 before substitution by 37/2011\n\nPt 4 heading\nheading preceding s 21A inserted by 52/1980 s 3\n\nheading preceding s 21A deleted and Pt  4 heading inserted by 46/2003 Sch 1\ns 21A—see s 21P\n\ns 21P\ns 21A inserted by 52/1980 s 3\n\ns 21A redesignated as s 21P by 20/2012 s 6\ns 21P(1)\n\ns 21P(2)\nPt 4\nsubstituted by 37/2011 s 4\nPt 5\n\nPt 5 heading\nheading preceding s 22 deleted and Pt 5 heading inserted by 46/2003 Sch 1\ns 22\n\ns 22(1)\n\ns 23\n\ns 23(1) and (2)\n\ns 23AA\ninserted by 42/2008 s 4\n8.2.2009\n\ndeleted by 5/2013 s 4\ns 23A\ns 24\n\namended by 43/2012 s 35\ns 25\n\ns 25A\ninserted by 20/2000 Sch cl 2\ns 26\n\ns 26(1)\n\ns 26(2)\n\nPt 5A\ninserted by 5/2013 s 5\namended by 39/2016 s 4\ns 26A\n\ns 26A(1)\ns 26A redesignated as s 26A(1) by 39/2016 s 5(7)\ncognitive impairment\ninserted by 39/2016 s 5(1)\nfilm\namended by 39/2016 s 5(2)\nimage\ninserted by 39/2016 s 5(3)\ninvasive image\nsubstituted by 39/2016 s 5(4)\nprivate act\namended by 39/2016 s 5(5)\nprivate region\namended by 39/2016 s 5(6)\ns 26A(2) and (3)\ninserted by 39/2016 s 5(7)\ns 26B\n\ns 26B(2)\namended by 39/2016 s 6\ns 26C\n\ns 26C(1)\namended by 39/2016 s 7\ns 26D\n\ns 26D(1)\namended by 39/2016 s 8(1)\ns 26D(3)\namended by 39/2016 s 8(2), (3)\ns 26D(4)\namended by 39/2016 s 8(4)\ns 26DA\ninserted by 39/2016 s 9\ns 26E\n\ns 26E(1)\namended by 39/2016 s 10(1)\ns 26E(3)\namended by 39/2016 s 10(2)\nPt 5B\ninserted by 19/2025 s 3\nPt 6\n\nPt 6 heading\nheading preceding s 27 deleted and Pt 6 heading inserted by 46/2003 Sch 1\ns 27\n\ns 28\n\ns 28(1)\n\ns 28(2)\ns 29\n\ns 30\n\ns 30(1) and (2)\n\ns 31\n\ns 31(1)\n\ns 31(2)\ns 31(3) and (4)\ns 32\n\nPt 6A\ninserted by 24/2024 s 3\nPt 7\n\nPt 7 heading\nheading preceding s 33 substituted by 73/1995 s 2\n\nheading preceding s 33 deleted and Pt 7 heading inserted by 46/2003 Sch 1\ns 33\namended by 46/1976 s 2\n\namended by 38/1978 s 2\n\namended by 94/1978 s 2\n\nsubstituted by 114/1983 s 4(a)\ns 33(1)\n\nchild\ndeleted by 52/2004 s 9(1)\nchild pornography\n\namended by 73/1995 s 3(a)\n\ndeleted by 52/2004 s 9(1)\ncomputer data\ncomputer record or system\nindecent material\namended by 73/1995 s 3(b)\nmaterial\namended by 32/1992 s 2(b)\n\namended by 28/2016 s 29\noffensive material\namended by 73/1995 s 3(c)\ns 33(2)\n\namended by 32/1992 s 2(c)\n\namended by 52/2004 s 9(2)\ns 33(3)\n\nsubstituted by 32/1992 s 2(d)\n\ndeleted by 52/2004 s 9(3)\ns 33(4)\n\namended by 32/1992 s 2(e)\n\nsubstituted by 73/1995 s 3(d)\ns 33(5)\namended by 32/1992 s 2(f), (g)\n\ns 33(6)\ns 33(7)\n\nsubstituted by 35/2019 s 21\n3.2.2020\ns 33(8)\ns 33(9)\namended by 17/2006 s 225\ns 33(10)\namended by 50/1984 s 3(1) (Sch 7)\n\ns 33A\n\ndeleted by 46/2003 Sch 1\ns 34\n\ndeleted by 46/1985 s 16\ns 35 before deletion by 55/2025\n\ns 35(1)\n\ns 35(2)\n\nlegal proceedings\namended by 33/2003 Sch cl 18\n1.7.2005\ns 35(3) and (4)\n\ns 35(5)\ninserted by 46/1985 s 17\ns 35(6) and (7)\ninserted by 46/1985 s 17\n\ns 35\ndeleted by 55/2025 s 8\ns 36\n\ndeleted by 46/1985 s 18\nPt 7A\ninserted by 61/2017 s 5\nPt 8\n\nPt 8 heading\nheading preceding s 37 deleted and Pt 8 heading inserted by 46/2003 Sch 1\nss 37 and 38\n\ns 38A\n\ns 38A(1)\n\namended by 46/2011 Sch 3 cl 24(1), (2)\n1.1.2012\n\namended by 19/2019 Sch 1 cl 14\n1.7.2020\ns 38A(2)\ns 39\n\ns 39(1)\n\ns 39(3)\ns 40\ndeleted by 46/1985 s 19\n\ninserted by 35/1992 s 21\n\ns 41\n\ns 41(1)\namended by 71/1976 s 2\n\ns 41(2) and (3)\ns 42\n\nPt 8A\ninserted by 42/2025 s 5\nuncommenced —not incorporated\nPt 9\n\nPt 9 heading\nheading preceding s 43 deleted and Pt 9 heading inserted by 46/2003 Sch 1\ns 43\n\nsubstituted by 90/1986 s 10(2) (Sch Pt 2)\n1.2.1987\ns 43(1)\n\namended by 9/2025 s 20(1), (2)\ns 44\ndeleted by 46/1985 s 20\n\ninserted by 50/1989 s 3\n5.10.1989\ns 44(2)\n\nsubstituted by 78/1998 Sch\ns 44A\ninserted by 2/2004 s 5\n30.5.2004\ns 45\n\ns 45(1)\n\ns 45(2)\ns 46\n\ns 46(1)\n\nsubstituted by 90/1986 s 10(2) (Sch Pt 2)\n1.2.1987\n\ns 46(2)\ns 47\n\ns 47(1)\n\ns 47(2)\ns 47(3)\n\ns 47(4)\n\ntake\ns 47A\ninserted by 30/2022 s 3\n13.2.2023\ns 48 before deletion by 21/2016\namended by 46/1985 ss 21, 36 (Sch)\n\nsubstituted by 38/1992 s 3\n4.6.1992\ns 48(1)\n\nsubstituted by 46/2001 s 14 (Sch cl 1(a))\ns 48(2)\ns 48(4)\n\ndeleted by 46/2001 s 14 (Sch cl 1(b))\ns 48(5)\n\ncarry\ngraffiti implement\nmark graffiti\ns 48\ndeleted by 21/2016 Sch 2 cl 7\ns 48A\ninserted by 26/2002 s 19(2) (Sch 3 cl 8(b))\nheading preceding s 49\n\ns 49\n\ndeleted by 46/1985 s 22\n\namended by 55/1990 s 3\n7.2.1991\n\nss 49A—49D\n\nss 49E—49G\n\nPt 10\n\nPt 10 heading\nheading preceding s 50 deleted and Pt 10 heading inserted by 46/2003 Sch 1\ns 50\n\ns 51 before substitution by 33/2012\n\ns 51(1)\n\ns 51\nsubstituted by 33/2012 s 31\n15.10.2012\ns 52\n\ns 53\n\ns 53(1)\namended by 46/1985 s 23\n\namended by 46/1985 s 36 (Sch)\n\ns 53(2)\ns 54 before deletion by 46/1985\n\ndeleted by 46/1985 s 24\ns 54\ninserted by 56/2004 s 6\n7.2.2005\ns 55\ndeleted by 46/1985 s 25\ns 56\n\ns 57\n\ns 57(1)\n\ns 57(2)\ns 57(3)\n\ns 57(4)\n\nrubbish\ns 58\n\ns 58(1)\n\namended by 16/2023 s 2(1), (2)\ns 58(1a)—(1d)\ninserted by 16/2023 s 2(3)\ns 58(2)\ns 58(3)\ninserted by 16/2023 s 2(4)\ns 58A\n\ns 58A(1)\n\ns 58A(2)\n\ns 58A(3)\n\ns 58A(4)\n\ns 58A(5)\n\ns 58A(6)\n\ns 58B\n\ns 58B(1) and (2)\ns 58B(3)\n\ns 58B(4)\n\namended by 65/1995 Sch cl 1(a)\n\nPt 11\n\nPt 11 heading\nheading preceding s 59 deleted and Pt 11 heading inserted by 46/2003 Sch 1\ns 59\n\ns 59(1)—(3)\ns 59(4)\n\ns 59(5)\n\ns 59(7)\ns 59(8)\n\ns 59(9)\n\nPt 11A\ninserted by 30/2018 s 4\ns 60\n\ns 60(8)\nsubstituted by 25/2025 Sch 2 cl 40\nPt 12\n\nPt 12 heading\nheading preceding s 61 deleted and Pt 12 heading inserted by 46/2003 Sch 1\ns 61\n\ns 61(1)\n\ns 61(2)\nPt 13\n\nPt 13 heading\nheading preceding s 62 deleted and Pt 13 heading inserted by 46/2003 Sch 1\ns 62\n\ns 62(1)\n\nsubstituted by 46/1985 s 26\n\ns 62(1a)\ninserted by 50/1984 s 3(1) (Sch 4)\n\ndeleted by 46/1985 s 26\ns 62(2)\n\ns 62(3)\ns 62A\n\ns 62A(1)\n\namended by 59/1994 Sch 2\n\ns 62A(2)\n\ns 62A(3)\ns 62A(4)\ninserted by 46/2003 Sch 1\ns 63\ndeleted by 46/1985 s 27\nHeading preceding s 64\ninserted by 39/1981 s 3\n1.1.1982\n\ndeleted by 34/1996 s 4 (Sch cl 34)\ns 64\ndeleted by 38/1979 s 3\n1.7.1979\n\ninserted by 39/1981 s 3\n1.1.1982\n\namended by 31/1986 s 3\n1.7.1986\n\namended by 75/1988 s 3\n\namended by 55/1990 s 4\n7.2.1991\n\namended by 65/1995 Sch cl 1(b)\n\ndeleted by 34/1996 s 4 (Sch cl 34)\nPt 14\n\nPt 14 heading\nheading preceding s 65 deleted and Pt 14 heading inserted by 46/2003 Sch 1\ns 65\n\namended by 34/1996 s 4 (Sch cl 34)\n\nHeading preceding s 66\ndeleted by 46/2003 Sch 1\ns 66\n\ndeleted by 35/1992 s 22\nPt 14A before deletion by 29/2007\ninserted by 56/2004 s 7\n2.5.2005\ns 66\n\ns 66(1)\n\namended by 23/2005 Sch 1 cl 1\nPt 14A\ndeleted by 29/2007 Sch 1 cl 2\n16.12.2007\nPt 14A\ninserted by 12/2012 s 48\ns 66\n\ns 66(1)\n\namended by 46/2015 Sch 1 cl 21\ns 66A\n\ns 66A(1)\namended by 19/2015 s 11(1)\ns 66A(3)\ndeleted by 19/2015 s 11(2)\nPt 14B\ninserted by 3/2017 s 5\ns 66V\nsubstituted by 64/2017 s 129\n\namended by 25/2025 Sch 2 cl 41\nPt 14C\ninserted by 10/2025 s 9\nPt 15\n\nPt 15 heading\nheading preceding s 67 substituted by 65/1995 s 4\n\nheading preceding s 67 deleted and Pt 15 heading inserted by 46/2003 Sch 1\ns 67\n\ns 67(1)\n\ns 67(2)\n\namended by 11/2013 s 26\ns 67(3)\n\ns 67(4)\n\namended by 59/1994 Sch 2\n\ns 67(5)\ndeleted by 59/1994 Sch 2\ns 68\n\ns 68(1)\namended by 46/1985 s 28(a)\n\ns 68(2)\namended by 46/1985 s 28(b)\ns 68A\ninserted by 13/2006 s 67\ns 69\n\ns 70\n\ns 71\n\ns 72\ns 72A before deletion by 10/2025\ninserted by 20/2012 s 7\ns 72A(5)\namended by 25/2019 s 92\ns 72A(8)\n\nlicensed premises\namended by 49/2017 Sch 1 cl 10\ns 72A\ndeleted by 10/2025 s 10\nss 72B and 72C\ninserted by 20/2012 s 7\n\ndeleted by 10/2025 s 10\nss 72D—72F\ninserted by 62/2017 s 7\n1.5.2018\ns 73\n\namended by 46/1985 ss 29, 36 (Sch)\n\nsubstituted by 68/1987 s 2\ns 73(1)\namended by 106/1995 s 4\n\ns 73(2)\n\namended by 106/1995 s 4\n\ns 74\n\ns 74(1)\n\ns 74(2)\ns 74A\ns 75A inserted by 46/1985 s 31\n\ns 75A redesignated as s 74A by 105/1986 s 3\ns 74A(1)\n\namended by 13/2006 s 68(1)\ns 74A(2)\n\namended by 13/2006 s 68(2)\ns 74A(3)\n\namended by 13/2006 s 68(3), (4)\ns 74A(4)\n\nsubstituted by 13/2006 s 68(5)\ns 74A(5)\ninserted by 13/2006 s 68(5)\npersonal details\namended by 41/2013 Sch 1 cl 3\n22.12.2013\ns 74AB\ninserted by 13/2006 s 69\ns 74B\ninserted by 38/1990 s 4\ns 74B(1) before deletion by 56/2003\n\nmajor offence\nsubstituted by 53/1992 s 2\ns 74B(1)\ndeleted by 56/2003 s 5(1)\ns 74B(2)\namended by 56/2003 s 5(2)\ns 74B(5) and (6)\ns 74B(7)\ns 74BAA\ninserted by 56/2003 s 6\ns 74BAAB\ninserted by 33/2008 Sch 1 cl 1\n23.10.2008\ns 74BAAB(1)\nsubstituted by 20/2012 s 8\nPt 16\ninserted by 46/2003 s 8\ns 74BA\n\ncriminal intelligence\ninserted by 19/2012 s 12\ndeclared organisation\ninserted by 13/2012 Sch 1 cl 3(1)\nmember\ninserted by 13/2012 Sch 1 cl 3(2)\ns 74BB\n\ns 74BB(1)\namended by 13/2008 Sch 1 cl 7\ns 74BB(3)\namended by 17/2006 s 226\ns 74BB(5)—(8)\ndeleted by 19/2012 s 13\ns 74BC\n\ns 74BC(2)\namended by 19/2012 s 14(1)\ns 74BC(3)\namended by 19/2012 s 14(2)\ns 74BC(4)\nsubstituted by 19/2012 s 14(3)\ns 74BGA\ninserted by 19/2012 s 15\nPt 16A\ninserted by 13/2019 s 11\n24.10.2019\ns 74BN\n\ns 74BN(1)\n\nchild exploitation offence\nsubstituted by 26/2019 Sch 1 cl 1\n3.1.2020\ninserted by 60/2025 Sch 1 cl 1\ns 74BR\n\ns 74BR(3)\namended by 60/2025 Sch 1 cl 2\ns 74BS\n\ns 74BS(1)\namended by 60/2025 Sch 1 cl 3\ns 74BT\n\ns 74BT(1)\namended by 60/2025 Sch 1 cl 4\ns 74BW\n\ns 74BW(3)\namended by 60/2025 Sch 1 cl 5(1), (2)\ns 74BW(3a)\ninserted by 60/2025 Sch 1 cl 5(3)\ns 74BY\n\ns 74BY(1)\namended by 60/2025 Sch 1 cl 6(1), (2)\nPt 17\n\nPt 17 heading\nheading preceding s 74C inserted by 65/1995 s 5\n\nheading preceding s 74C deleted and Pt 17 heading inserted by 46/2003 Sch 1\nPt 17 Div 1\n\ninserted by 16/2015 s 22\ns 74C\n\ninterview\namended by 52/2012 Sch 3 cl 73(1)\n\namended by 38/2021 Sch 1 cl 55(1)\ninvestigating officer\n\namended by 52/2012 Sch 3 cl 73(2)\n\namended by 38/2021 Sch 1 cl 55(2)\nPt 17 Div 2\n\ninserted by 16/2015 s 23\ns 74D\ns 74D(1)\namended by 16/2015 s 24(1)—(5)\ns 74D(3)\namended by 16/2015 s 24(6), (7)\ns 74D(4)\n\nsubstituted by 16/2015 s 24(8)\ns 74D(5)\namended by 16/2015 s 24(9)\ns 74D(6)\n\namended by 16/2015 s 24(10)\ns 74E\ns 74E(1)\n\namended by 16/2015 s 25\nPt 17 Div 3\ninserted by 16/2015 s 26\ns 74EA\n\ns 74EA(1a)\ninserted by 57/2021 s 22(1)\ns 74EA(2)\n\nchild sexual offence\ninserted by 57/2021 s 22(2)\nserious offence against the person\namended by 28/2016 s 30(1)—(4)\n\namended by 1/2025 Sch 1 cl 5\ns 74EC\n\ns 74EC(1)\namended by 37/2017 s 3(1), (2)\ns 74EC(1a) and (1b)\ninserted by 37/2017 s 3(3)\ns 74EC(2)\namended by 37/2017 s 3(1), (4)\nPt 17 Div 4\n\ninserted by 16/2015 s 27\ns 74F\n\namended by 16/2015 s 28(1)—(3)\ns 74G\n\ns 74H\ninserted by 16/2015 s 29\nPt 18\n\nPt 18 heading\nheading preceding s 75 inserted by 65/1995 s 6\n\nheading preceding s 75 deleted and Pt 18 heading inserted by 46/2003 Sch 1\ns 75\ns 75(1) redesignated as s 75 in pursuance of the Acts Republication Act 1967\n\ns 75(2) and (3)\ndeleted by 46/1985 s 30\ns 75A—see s 74A\n\ns 76\nsubstituted by 31/1986 s 4\n1.7.1986\ns 76(1)\n\namended by 60/2013 s 14\ns 77\n\nsubstituted by 102/1987 s 4\ns 77(1)\ns 77(2)\n\namended by 60/2013 s 15\ns 78\namended by 46/1976 s 3\n\namended by 69/1983 s 4\n14.11.1983\n\nsubstituted by 6/1985 s 7(a)\n7.7.1985\n\nsubstituted by 46/1985 s 32\ns 78(1) and (2)\n\nsubstituted by 60/2013 s 16(1)\ns 78(2a)\ninserted by 60/2013 s 16(1)\ns 78(3)\n\namended by 60/2013 s 16(2)\ns 78(3a)—(3c)\ninserted by 60/2013 s 16(3)\ns 78(4)\namended by 60/2013 s 16(4)\ns 78(5)\n\namended by 60/2013 s 16(5)\ns 78(6)\n\nthe prescribed period\namended by 106/1986 s 3\n\ns 78(6)\nsubstituted by 60/2013 s 16(6)\ns 78(7)—(10)\ninserted by 60/2013 s 16(6)\ns 78A\ninserted by 38/1978 s 3\ns 78A(2)\n\ns 78A(3)\namended by 46/1985 s 33\n\ns 78A(4) and (5)\n\ns 79\n\ns 79(1)\n\ns 79(2)\n\namended by 60/2013 s 17(1)\ns 79(3)\ninserted by 60/2013 s 17(2)\ns 79A\ninserted by 46/1985 s 34\ns 79A(1)\namended by 106/1986 s 4(a)\n\ns 79A(1a)\ninserted by 106/1986 s 4(b)\n\namended by 28/2016 s 31\n1.12.2016\ns 79A(1b)\ninserted by 106/1986 s 4(b)\n\ns 79A(2)\ns 79A(3)\n\ns 79B\ninserted by 46/1985 s 34\ns 79B(1)\n\ns 79B(2) and (3)\ns 79B(4)\n\ns 79B(5)\n\ns 79B(6)\ns 79B(8)\n\ns 80\ndeleted by 6/1985 s 7(b)\n7.7.1985\n\ninserted by 27/1995 s 21\n10.7.1995\n\ns 81\n\ns 81(1)\namended by 46/1985 s 35(a)\n\namended by 8/1998 Sch 2 (cl 2(a))\n\ns 81(2)\n\nsubstituted by 8/1998 Sch 2 (cl 2(b))\n\nsubstituted by 46/2003 Sch 1\ns 81(3)\n\nsubstituted by 8/1998 Sch 2 (cl 2(b))\n\namended by 28/2016 s 32(1)—(7)\n\namended by 35/2016 s 38\n8.9.2016\ns 81(3a)\n\namended by 28/2016 s 32(8)\ns 81(3b)\n\namended by 28/2016 s 32(9)—(11)\ns 81(3c)\n\namended by 28/2016 s 32(12)\ns 81(3d)\n\namended by 28/2016 s 32(13)\ns 81(3e)\n\namended by 28/2016 s 32(14)\ns 81(3f)\n\namended by 28/2016 s 32(15)\ns 81(3g)\n\namended by 28/2016 s 32(16)\ns 81(4)\nsubstituted by 46/1985 s 35(b)\n\n(b) deleted by 8/1998 Sch (cl 2(c))\n\ns 81(4a) and (4b)\n\ns 81(4c)\n\ns 81(4d)\n\ns 81(4e)\n\namended by 8/1998 Sch 2 (cl 2(d))\n\ns 81(4f)\n\namended by 8/1998 Sch 2 (cl 2(e))\n\ndeleted by 5/2007 Sch 1 cl 4\n14.5.2007\ns 81(4g)\ninserted by 54/2000 s 3(b)\ns 81(5)\ns 81(5a)\ninserted by 54/2000 s 3(c)\ns 81(6)\ninserted by 54/2000 s 3(c)\nmedical practitioner\nsubstituted by 5/2010 Sch 1 cl 27\nregistered nurse\nsubstituted by 5/2010 Sch 1 cl 27\n\namended by 229/2018 Sch 1 cl 7\ns 82\n\ns 82A\ninserted by 47/2021 s 6\ns 83\n\ndeleted by 35/1992 s 23\nPt 19\n\nPt 19 heading\nheading preceding s 83A inserted by 105/1986 s 4\n\nheading preceding s 83A deleted and Pt 19 heading inserted by 46/2003 Sch 1\ns 83A\ninserted by 105/1986 s 4\ns 83A(2) and (3)\ns 83A(4)\n\ninvestigating officer\nPt 20\n\nPt 20 heading\nheading preceding s 83B deleted and Pt 20 heading inserted by 46/2003 Sch 1\ns 83B\ninserted by 38/1990 s 5\ns 83B(3)\ns 83B(5)\ns 83B(6)\ns 83B(11) before substitution by 29/2009\namended by 73/1994 Sch 2\n2.2.1995\n\namended by 30/2004 Sch 1 cl 5\n25.11.2004\n\n(b) deleted by 40/2005 Sch 6 cl 12\n1.10.2005\ns 83B(11)\nsubstituted by 29/2009 s 28\n25.6.2008\n\namended by 21/2011 Sch 1 cl 10\n16.9.2012\ns 83BA\ninserted by 106/1995 s 5\ns 83BA(1)\ns 83BA(5)\ns 83BA(7)—(9)\ns 83C\ninserted by 38/1990 s 5\ns 83C(1)\ns 83C(1a)\ninserted by 78/2025 s 3(1)\ns 83C(2)\namended by 78/2025 s 3(2)\ns 83C(2a)\ninserted by 78/2025 s 3(3)\ns 83C(3)\ns 83C(4)\n\namended by 78/2025 s 3(4), (5)\ns 83C(4a) and (4b)\ninserted by 78/2025 s 3(6)\ns 83C(5)\namended by 78/2025 s 3(7)\ns 83C(8) and (9)\ninserted by 78/2025 s 3(8)\ns 83D\ninserted by 78/2025 s 4\ns 84\namended by 114/1983 s 4(b)\n\ndeleted by 78/1998 Sch\ns 85(1)\ns 85 amended by 50/1984 s 3(1) (Sch 4)\n\ns 85 amended by 23/1990 s 3(1) (Sch 7)\n\ns 85 substituted by 65/1995 s 7\n\ns 85 redesignated as s 85(1) by 78/1998 s 4\ns 85(2)\ninserted by 78/1998 s 4\n\namended by 33/2002 s 18\n3.3.2003\n\namended by 20/2012 s 9(1)\n\n(b) deleted by 20/2012 s 9(1) \ns 85(3)\ninserted by 20/2012 s 9(2)\nSch 1\nSch amended by 23/1990 s 3(1) (Sch 7)\n\nSch amended by 59/1994 Sch 2\n\nSch amended by 42/1999 s 54\n1.1.2000\nsubstituted by 11/2013 s 27\nSch 2\ninserted by 20/2012 s 10\ncl 19\n\ncl 19(1)\namended by 46/2015 Sch 1 cl 22(1), (2)\ncl 19(2)\namended by 46/2015 Sch 1 cl 22(3), (4)\ncl 24\ninserted by 66/2020 r 4\ncl 25\ninserted by 10/2025 s 11\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment and Repeal (Common Expiation Scheme) Act 1996\n5—Transitional provision\nAn Act repealed or amended by this Act will continue to apply (as in force immediately prior to the repeal or amendment coming into operation) to an expiation notice issued under the repealed or amended Act.\nCriminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007, Sch 1\n3—Transitional provision\nPart 14A of the Summary Offences Act 1953, as in force immediately before the commencement of this Act, continues to apply in relation to an offence committed or allegedly committed before the commencement of this Act.\nSummary Offences (Weapons) Amendment Act 2012, Sch 1 Pt 4—Transitional provision\n4—Declarations by Minister continue\nA declaration by the Minister in force under section 15(2d) of the Summary Offences Act 1953 immediately before the commencement of section 5 continues in force as if it were a declaration by the Minister under section 21F of that Act (as in force after the commencement of section 5).\nSummary Offences (Interviewing Vulnerable Witnesses) Amendment Act 2017, Sch 1\n1—Transitional provision\n\t(1)\tAn audio visual record of a statement of a witness to whom this subclause applies made to an investigating officer after the commencement of Part 5 of the SAVW Act and before the commencement of Part 2 of this Act as part of a formal interview process in relation to the investigation of an alleged offence (other than a serious offence against the person) may be admissible under section 13BA of the Evidence Act 1929 as evidence in the trial of a charge of the offence as if the recording had been made pursuant to Division 3 of Part 17 of the Summary Offences Act 1953 in accordance with the requirements of that Division as in force following the commencement of Part 2 of this Act.\n\t(2)\tSubclause (1) applies to a witness who is—\n\t(a)\ta child of or under the age of 14 years; or\n\t(b)\ta person with a disability that adversely affects the person's capacity to give a coherent account of the person's experiences or to respond rationally to questions.\n\t(3)\tIn this clause—\ninterview and investigating officer have the same meanings as in section 74C of the Summary Offences Act 1953;\nserious offence against the person has the same meaning as in section 74EA of the Summary Offences Act 1953;\nSAVW Act means the Statutes Amendment (Vulnerable Witnesses) Act 2015.\n2—Prescribed interviewer\n\t(1)\tAn interview conducted by a designated person with a potential witness during the transitional period will be taken to be (and always to have been) an interview conducted by a prescribed interviewer for the purposes of section 74EB of the Summary Offences Act 1953.\n\t(2)\tIn this clause—\ndesignated person means a person identified by the Minister for Health by notice in the Gazette as a designated person for the purposes of subclause (1);\ntransitional period means the period commencing on 1 July 2016 and concluding on 21 August 2017.\nThe Statutes Amendment (Vulnerable Witnesses) Act 2015 came into operation on 1 July 2016.\nStatutes Amendment (Explosives) Act 2017, Pt 3\n8—Review\n\t(1)\tThe Attorney‑General must undertake a review of the operation and effectiveness of the amendments effected by this Part.\n\t(2)\tThe review required under this section must commence not later than 3 years after the commencement of this Part.\n\t(3)\tThe Attorney‑General must prepare a report based on the review and must, within 12 sitting days after the report is prepared, cause copies of the report to be laid before each House of Parliament.\nIndependent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21\n76—Savings and transitional regulations\nRegulations may be made under any Act amended by this Act (including under the Independent Commission Against Corruption Act 2012 as in force after the commencement of this Act) to make provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act.\nHistorical versions\nReprint—24.9.1990\n\nReprint No 1—7.2.1991\n\nReprint No 2—6.7.1992\n\nReprint No 3—29.10.1992\n\nReprint No 4—1.1.1995\n\nReprint No 5—2.2.1995\n\nReprint No 6—3.4.1995\n\nReprint No 7—10.7.1995\n\nReprint No 8—2.11.1995\n\nReprint No 9—21.12.1995\n\nReprint No 10—3.3.1996\n\nReprint No 11—3.2.1997\n\nReprint No 12—27.4.1997\n\nReprint No 13—14.9.1997\n\nReprint No 14—1.3.1998\n\nReprint No 15—25.7.1999\n\nReprint No 16—1.1.2000\n\nReprint No 17—8.6.2000\n\nReprint No 18—17.12.2000\n\nReprint No 19—1.2.2002\n\nReprint No 20—22.2.2000\n\nReprint No 21—11.7.2002\n\nReprint No 22—3.3.2003\n\nReprint No 23—5.7.2003\n\nReprint No 24—1.2.2004\n\n 3.5.2004\n\n 30.5.2004\n\n25.11.2004\n\n7.2.2005\n\n2.5.2005\n\n1.7.2005\n\n1.10.2005\n\n15.5.2006\n\n14.5.2007\n\n16.12.2007\n\n23.10.2008\n\n8.2.2009\n\n25.6.2009\n\n1.1.2012\n\n31.8.2012\n\n16.9.2012\n\n15.10.2012\n\n3.2.2013\n\n22.12.2013\n\n8.9.2016\n\n1.12.2016\n\n30.4.2018 (electronic only)\n\n1.5.2018\n\n24.10.2019\n\n3.1.2020\n\n3.2.2020\n\n1.7.2020 (electronic only)\n\n13.2.2023\n\n16.2.2026 (electronic only)\n\n","sortOrder":39}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":1139},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has grown far beyond its original 1953 purpose of 'certain offences against public order and other summary offences.' It now regulates: (1) sophisticated technology crimes (AI-generated depictions, encrypted device access, cybercrime); (2) counter-terrorism and extremism; (3) detailed weapons control with exemption schemes; (4) body modification industries; (5) film and sexting offences; (6) Nazi symbolism; and (7) extensive preventive policing powers (metal detector searches, declared public precincts, consorting prohibitions). The 2025 amendments alone added powers to compel decryption of cloud-stored data and criminalised AI-generated intimate images — areas unimaginable in 1953."},"complexity_factors":["71-year-old statute with 20+ major Parts and 85+ sections, repeatedly amended by 60+ separate Acts since 1953","Extensive cross-referencing to other SA legislation (Criminal Law Consolidation Act, Firearms Act, Controlled Substances Act, etc.) and Commonwealth laws","Multiple overlapping search powers in Parts 14B, 14C, and 15 with different thresholds, procedures, and authorisation requirements","Schedule 2 contains 24 separate exemption categories for prohibited weapons, each with detailed conditions (e.g., clause 14 requires collectors to maintain bound books with 5-year retention)","Nested conditional logic throughout — e.g., section 21F(4a) declarations override Schedule 2 exemptions unless specified otherwise; section 66A consorting notices have 6 automatic exceptions plus discretionary additional exceptions","Criminal intelligence provisions (sections 66J, 74BGA, 74BU) create special evidentiary rules where classified information can be withheld from defendants","Multiple uncommenced provisions (sections 21DB, 21DC) creating uncertainty about current law","Complex temporal calculations — e.g., section 66Y(3) restricts re-authorisation to 48-hour windows; section 78A allows 7-day detention for interstate offences","Dual penalty structures (corporate vs. natural person) in sections 9B, 21D, 21DA with director liability provisions","Evidentiary presumptions and reverse onus provisions (e.g., section 5, section 21OB(6), section 66ZK)"],"plain_english_summary":"**What this Act does:**\n\nThis is South Australia's main \"catch-all\" criminal law — a sprawling statute that covers hundreds of minor and serious offences that don't need a jury trial (called \"summary offences\"). Think of it as the state's rulebook for keeping public order.\n\n**Who it affects:**\n- **Everyone in South Australia** — from party-goers to business owners, protesters to pet owners\n- **Police** — the Act gives them extensive powers to search, arrest, enter property, and remove people from public places\n- **Specific groups** like tattoo artists, knife sellers, security guards, and people who collect weapons\n\n**Key areas covered:**\n\n| Area | What it bans or regulates |\n|------|---------------------------|\n| **Public behaviour** | Being drunk and disorderly, using offensive language, violent disorder, trespassing on farms or at private parties |\n| **Weapons** | Carrying knives in public places, schools, or places of worship; selling knives to minors; possessing prohibited weapons like flick knives or body armour |\n| **Filming & images** | Secretly filming people in private acts (\"upskirting\"), distributing humiliating images, creating AI-generated fake images of real people (deepfakes) |\n| **Police powers** | Searching people with metal detectors at events, entering homes without warrants in emergencies, recording police interviews, removing children from dangerous situations |\n| **Nazi symbols** | Performing Nazi salutes or displaying Nazi symbols (with exceptions for education, art, and opposing fascism) |\n| **Brothels & sex work** | Keeping brothels, living off prostitution earnings, soliciting in public |\n| **Technology crimes** | Hacking computers, threatening to distribute intimate images, possessing extremist material |\n| **Nuisances** | Ringing doorbells maliciously, throwing fireworks, loud car stereos, leaving dead animals in streets |\n\n**Why it matters:**\nThis Act touches daily life constantly — from whether you can carry a pocketknife to school, to what happens if police want to search your phone, to penalties for sharing revenge porn or Nazi imagery. It's been repeatedly expanded since 1953 to cover new threats: cybercrime, AI-generated abuse, terrorism, and organised crime.\n\n**Notable recent additions:**\n- **Part 5B (2025):** Criminalises creating and sharing AI-generated fake images that humiliate or sexualise real people\n- **Part 6A (2024):** Bans Nazi salutes and symbols\n- **Part 14C (2025):** Expands police metal detector searches at shopping centres, public transport, and places of worship\n- **Part 16A (2026):** New powers to force people to unlock encrypted devices and cloud accounts for child exploitation investigations"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes — no legislative content was returned in the input. Only a website 'Page Not Found' error was provided. A proper scope assessment requires the actual text of the Act and any amending legislation."},"complexity_factors":["Insufficient data: The actual legislative text was not returned — only a website error page was provided","Cannot assess amendment history, regulatory cross-references, or definitional complexity without the text","Score of 2 reflects the Act's general reputation as relatively straightforward summary offences legislation, not a text-based analysis"],"plain_english_summary":"**⚠️ Content Unavailable**\n\nThe actual text of the **Summary Offences Act 1953 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website update on 24 March 2026 that broke older URLs and bookmarks.\n\n**What we do know about this Act generally:**\nThe Summary Offences Act 1953 is a South Australian law that covers a wide range of everyday criminal offences that are considered less serious than major crimes (called 'indictable offences'). These are offences dealt with quickly in the Magistrates Court without a jury. Examples typically include things like:\n- Public nuisance and disorderly behaviour\n- Begging\n- Offensive language in public\n- Loitering\n- Minor property offences\n\n**Who does it affect?** Ordinary South Australians in their day-to-day lives — particularly in public spaces. Police use this Act frequently.\n\n**⚠️ Important:** This summary is based on general knowledge of the Act, NOT the actual current legislative text. To read the current law, visit [legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search for the Act directly."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"Originally enacted in 1953 as the Police Offences Act, it was a relatively short law covering basic public order offences. Over 70 years it has been massively expanded to include entire new Parts on weapons (Part 3A), liquor offences (Part 3B), tattooing regulations (Part 4), filming and sexting (Part 5A), AI-generated depictions (Part 5B), Nazi symbols (Part 6A), extremist material (Part 7A), consorting prohibition notices (Part 14A), declared public precincts (Part 14B), extensive search powers (Part 14C), data access orders (Part 16A), and high risk missing person warrants. The scope now extends far beyond traditional summary offences into preventive policing, digital evidence, and cultural regulation."},"complexity_factors":["Extremely long document with over 200 sections across 20 Parts","Over 100 defined terms in multiple interpretation sections","Frequent cross-references between Parts and to other Acts","Nested exceptions and defences (e.g., multiple sub-sections with exceptions to exceptions)","Heavy use of conditional language ('if', 'unless', 'subject to')","Multiple Schedules with their own interpretation and conditions","Legislative history showing decades of amendments","Some provisions are uncommenced, adding confusion","Complex search and seizure powers with detailed procedural requirements","Offences with multiple tiers of penalties and aggravating factors"],"plain_english_summary":"This is a South Australian law that lists a wide range of minor criminal offences (summary offences) and gives police various powers to investigate and arrest people. It covers things like public disorder (fighting, swearing, loitering), weapons (carrying knives, prohibited weapons, body armour), alcohol and drug paraphernalia, trespassing, graffiti, noise complaints, prostitution, indecent behaviour, filming without consent, extremist material, and even Nazi salutes. It also sets out police powers to stop and search people, set up roadblocks, require names and addresses, search computers, and issue orders like weapons prohibition orders or consorting notices. The Act has grown over decades from a simple police offences law into a huge collection of crimes and police powers that affect almost everyone in public spaces."}},"importantCases":[],"_links":{"self":"/api/acts/summary-offences-act-1953","history":"/api/acts/summary-offences-act-1953/history","analysis":"/api/acts/summary-offences-act-1953/analysis","conflicts":"/api/acts/summary-offences-act-1953/conflicts","importantCases":"/api/acts/summary-offences-act-1953/important-cases","documents":"/api/acts/summary-offences-act-1953/documents"}}