{"id":"nsw:sl-2025-0394","name":"Summary Offences Regulation 2025","slug":"summary-offences-regulation-2025","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"394 of 2025","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173783,"registerId":"nsw-sl-2025-0394-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Summary Offences Regulation 2025](/view/html/inforce/current/sl-2025-0394).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Summary Offences Regulation 2020](/view/html/repealed/current/sl-2020-0456), which would otherwise be repealed on 1 September 2025 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this regulation—\n> \n> seized liquor means liquor seized by a police officer under the Act, section 11(2).\n> \n> the Act means the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Possession of liquor by minors—the Act, s 11(6)","content":"# Part 2 Possession of liquor by minors—the Act, s 11(6)\n\nPart 2 Possession of liquor by minors—the Act, s 11(6)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Reasons for seizing liquor from person","content":"#### 4 Reasons for seizing liquor from person\n\n4 Reasons for seizing liquor from person\n\n> A police officer seizing liquor from a person under the Act, section 11(2) must tell the person that the officer suspects, on reasonable grounds, the person—\n> \n> > (a) is less than 18 years of age, and\n> \n> > (b) is not under the supervision of a responsible adult, and\n> \n> > (c) does not have a reasonable excuse for possessing the liquor.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Certain seized liquor may be immediately disposed of","content":"#### 5 Certain seized liquor may be immediately disposed of\n\n5 Certain seized liquor may be immediately disposed of\n\n> > (1) A police officer may immediately dispose of seized liquor if—\n> > \n> > > (a) when the liquor is seized, the liquor—\n> > > \n> > > > (i) is in a container that is unsealed or from which part of the contents have been removed, or\n> > > \n> > > > (ii) is, or will likely soon become, unfit for human consumption, and\n> > \n> > > (b) it is not inappropriate or unreasonable to do so, including because of the quantity or value of the liquor.\n> \n> > (2) The police officer must ensure seized liquor is disposed of in a way that ensures the liquor is not capable of being consumed.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Information about keeping of seized liquor","content":"#### 6 Information about keeping of seized liquor\n\n6 Information about keeping of seized liquor\n\n> > (1) This section applies to seized liquor that is not disposed of by a police officer under section 5.\n> \n> > (2) Immediately after seizing liquor from a person under the Act, section 11(2), the police officer must tell the person that—\n> > \n> > > (a) the liquor will be taken to a specified police station, and\n> > \n> > > (b) the liquor will be kept at the police station for at least 24 hours, and\n> > \n> > > (c) the person may make a claim for the return of the liquor at the police station.\n> \n> > (3) A receipt that includes details of the seized liquor must be issued to the person by—\n> > \n> > > (a) the police officer seizing the liquor, or\n> > \n> > > (b) if a receipt was not issued under paragraph (a)—a police officer at the specified police station.\n> \n> > (4) The receipt must be issued—\n> > \n> > > (a) for a receipt under subsection (3)(a)—immediately after the seizure, or\n> > \n> > > (b) for a receipt under subsection (3)(b)—as soon as possible after the liquor is taken to the specified police station.\n> \n> > (5) The receipt may be issued in electronic form.\n> \n> > (6) A police officer must ensure seized liquor to which this section applies is—\n> > \n> > > (a) taken to the specified police station, and\n> > \n> > > (b) kept at the police station for at least 24 hours.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Claim for return of seized liquor","content":"#### 7 Claim for return of seized liquor\n\n7 Claim for return of seized liquor\n\n> > (1) If liquor is taken to a police station under section 6(6), the person from whom the liquor was seized (the claimant) may make a claim for the return of the liquor.\n> \n> > (2) Before deciding whether to return seized liquor, the police officer deciding the claim may require the claimant to present one or more of the following—\n> > \n> > > (a) the receipt for the seized liquor issued to the claimant under section 6(3),\n> > \n> > > (b) other evidence that the claimant is entitled to possession of the seized liquor.\n> \n> > (3) The seized liquor must be returned to the claimant if—\n> > \n> > > (a) the claimant proves the claimant was at least 18 years of age when the liquor was seized, or\n> > \n> > > (b) the claimant establishes the claimant had a reasonable excuse for possessing the liquor, or\n> > \n> > > (c) the claimant establishes the claimant was under the supervision of a responsible adult when the liquor was seized, or\n> > \n> > > (d) the police officer deciding the claim is satisfied the return of the liquor is otherwise justified in the circumstances.\n> \n> > (4) Despite subsection (3)(a)–(c), the police officer deciding the claim may refuse to return seized liquor if the claimant—\n> > \n> > > (a) is less than 18 years of age and not accompanied by a responsible adult, or\n> > \n> > > (b) does not comply with a requirement imposed under subsection (2) to provide a receipt or other evidence of the claimant’s entitlement to possess the seized liquor, or\n> > \n> > > (c) refuses to sign an acknowledgement of the return of the seized liquor.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Subsequent disposal of seized liquor","content":"#### 8 Subsequent disposal of seized liquor\n\n8 Subsequent disposal of seized liquor\n\n> > (1) The Commissioner of Police may issue instructions for disposing of seized liquor forfeited to the Crown.\n> \n> > (2) Seized liquor that is kept at a police station must be dealt with in accordance with the instructions if no claim is made for the return of the liquor within 24 hours after the liquor is taken to the police station.","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Knives not subject to prohibition on sale to children—the Act, s 11F(6)","content":"#### 9 Knives not subject to prohibition on sale to children—the Act, s 11F(6)\n\n9 Knives not subject to prohibition on sale to children—the Act, s 11F(6)\n\n> The Act, section 11F does not apply to the following—\n> \n> > (a) knives that are—\n> > \n> > > (i) designed to be used for eating, and\n> > \n> > > (ii) made of a material other than ceramic or metal,\n> \n> > (b) blades that are not—\n> > \n> > > (i) knife blades, or\n> > \n> > > (ii) part of a cleaver, machete or sword.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Notice that minors not permitted in declared sex club","content":"#### 10 Notice that minors not permitted in declared sex club\n\n10 Notice that minors not permitted in declared sex club\n\n> > (1) For the Act, section 21E(2), each notice must contain the following—\n> > \n> > | SUMMARY OFFENCES ACT 1988 |\n> > |  |\n> > | IF YOU ARE UNDER 18 YOU ARE NOT PERMITTED TO ENTER THIS CLUB |\n> \n> > (2) The words included in the notice must be in capital letters not less than 1cm in height.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Notice of intention to hold public assembly","content":"#### 11 Notice of intention to hold public assembly\n\n11 Notice of intention to hold public assembly\n\n> > (1) For the Act, section 23(1)(b) and (c)(v), the form and particulars set out in Schedule 1 are prescribed.\n> \n> > (2) For the Act, section 23(2), the following address is prescribed—\n> > \n> > NSW Police Headquarters  \n> > 1 Charles Street  \n> > Parramatta NSW 2150","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Penalty notice amount—hunting on private land without consent","content":"#### 12 Penalty notice amount—hunting on private land without consent\n\n12 Penalty notice amount—hunting on private land without consent\n\n> For the Act, section 29B(1), the prescribed amount is $550.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Repeal and savings","content":"#### 13 Repeal and savings\n\n13 Repeal and savings\n\n> > (1) The [Summary Offences Regulation 2020](/view/html/repealed/current/sl-2020-0456) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Summary Offences Regulation 2020](/view/html/repealed/current/sl-2020-0456), had effect under that regulation continues to have effect under this regulation.","sortOrder":15},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Notice of intention to hold public assembly","content":"# Schedule 1 Notice of intention to hold public assembly\n\nSchedule 1 Notice of intention to hold public assembly\n\nsection 11(1)\n\n([Summary Offences Act 1988](/view/html/inforce/current/act-1988-025), section 23)\n\nTo: The Commissioner of Police\n\n\\*Strike out whichever does not apply.","sortOrder":16}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original limited scope as procedural machinery supporting the Summary Offences Act 1988. It covers liquor seizure procedures, specific exemptions for knife sales, notice requirements for sex clubs and public assemblies, and penalty amounts. This aligns with the traditional function of regulations under the Act."},"complexity_factors":["Only 2 defined terms ('seized liquor' and 'the Act')","Straightforward procedural structure with minimal cross-referencing","Simple conditional logic (if/then) without nested exceptions beyond one level","Single schedule containing a standard form template","No complex mathematical formulas or sunset clauses","Clear separation into 3 thematic parts plus schedule"],"plain_english_summary":"**What this legislation does:**\n\nThis regulation sets out practical rules for how police in New South Wales handle alcohol seized from underage drinkers, plus a few other specific requirements for minor offences.\n\n**Key parts:**\n\n- **Alcohol seizure (Part 2):** When police take alcohol from someone they suspect is under 18, unsupervised, and without a reasonable excuse, they must explain why. If the booze is already opened, going off, or not worth keeping, police can destroy it immediately. Otherwise, they must:\n  - Take it to a police station and hold it for at least 24 hours\n  - Give the person a receipt (which can be electronic)\n  - Tell them they can claim it back\n  \n  To get it back, the person must prove they were actually 18+, had a valid reason for having it, or were supervised by a responsible adult. Police can still refuse to return it if the claimant is under 18 and alone, won't show their receipt, or won't sign for it. Unclaimed alcohol gets disposed of according to police instructions.\n\n- **Knife sales (Section 9):** Exempts plastic or wooden cutlery (eating knives not made of ceramic or metal) from the ban on selling knives to children. Also exempts non-knife blades and parts of cleavers, machetes or swords that aren't actually knife blades.\n\n- **Sex club notices (Section 10):** Requires declared sex clubs to display a specific warning in capital letters at least 1cm high, stating that under-18s are not permitted.\n\n- **Public assembly notices (Section 11 & Schedule 1):** Prescribes the official form and address for notifying police about planned protests or marches. The form requires details like expected numbers, route, purpose, vehicles, animals involved, and organiser contact details.\n\n- **Hunting fines (Section 12):** Sets the on-the-spot fine for hunting on private land without permission at $550.\n\n**Who it affects:**\n- Young people caught with alcohol\n- Police officers handling seizures\n- Retailers selling knives\n- Sex club operators\n- Protest organisers\n- Hunters\n\n**Why it matters:**\nThis is the \"machinery\" that makes the Summary Offences Act work in practice. It protects young people from having alcohol permanently confiscated without recourse, ensures police follow fair process, and sets clear technical requirements for various public safety rules."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the actual provisions of the regulation were not included in the material provided, only web interface metadata and status information."},"complexity_factors":["No substantive legislative content was provided — only website navigation and metadata","Cannot assess complexity of actual provisions without the regulation text","The metadata itself is straightforward administrative information"],"plain_english_summary":"This is a New South Wales regulation made under the Summary Offences Act that commenced 8 August 2025 and is scheduled for automatic repeal on 1 September 2030. The document provided contains only website metadata and navigation — not the regulation’s substantive text.\n\nWithout the actual provisions we can’t say precisely who or what it changes; regulations on summary offences typically affect members of the public, police enforcing minor offences, and businesses/venues subject to public-order rules."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulation expressly repeals and replaces the Summary Offences Regulation 2020 (s2, s13) while preserving pre-existing acts and effects (s13(2)). The text primarily prescribes administrative procedures, forms, signage, exemptions and a penalty amount rather than altering the substantive offences or expanding criminal liability in the Summary Offences Act 1988."},"complexity_factors":["Multiple discretionary and subjective standards for police action (eg. 'reasonable grounds', 'reasonable excuse', 'not inappropriate or unreasonable') — see s4, s5(1)(b), s7(3)–(4).","Operational steps and timing requirements (immediate disposal exceptions, 24‑hour holding period, electronic receipts) increase administrative detail and potential for error — see ss5–6.","Evidential and procedural requirements for return of seized property, including refusal grounds and requirement to sign acknowledgement — see s7(2)–(4).","Delegated executive instructions for disposal via the Commissioner of Police introduce centralised policy control and internal rules to be issued separately — see s8(1)–(2).","Specific prescribed forms, wording and dimensional requirements for notices and applications create compliance burdens for third parties (sex-club signage, public assembly notice form) — see ss10–11 and Schedule 1.","Cross-references to the Summary Offences Act 1988 and the Interpretation Act 1987 mean interpretation depends on external statutory definitions and thresholds — see s3 note and multiple operative cross-references.","A repeal-and-savings mechanism (repeals the 2020 regulation but preserves existing acts/rights) requires attention to transitional continuity — see ss2 and 13.","Fixed monetary penalty specification for a particular offence creates concrete enforcement consequence to track (hunting without consent) — see s12."],"plain_english_summary":"This regulation updates administrative rules under the Summary Offences Act 1988 for how police handle liquor seized from suspected minors, prescribes required notices and forms for sex clubs and public assemblies, sets certain knife-sale exemptions, and fixes a penalty amount for hunting on private land. It affects police, minors, club operators, event organisers, retailers and hunters by prescribing procedures, evidence and disposal powers that determine who may reclaim seized items and how notices must appear."}},"importantCases":[],"_links":{"self":"/api/acts/summary-offences-regulation-2025","history":"/api/acts/summary-offences-regulation-2025/history","analysis":"/api/acts/summary-offences-regulation-2025/analysis","conflicts":"/api/acts/summary-offences-regulation-2025/conflicts","importantCases":"/api/acts/summary-offences-regulation-2025/important-cases","documents":"/api/acts/summary-offences-regulation-2025/documents"}}