51Use of musical instruments

51 Use of musical instruments

51 Use of musical instruments

A person is guilty of an offence if—

(a) the person causes or permits a musical instrument to be used on residential premises in a way that emits noise that can be heard within a residential room of another residential premises, whether or not a door or window to the residential room is open, and

(b) the noise occurs—

(i) on a Friday, Saturday or day immediately before a public holiday—before 8am or after midnight, or

(ii) otherwise—before 8am or after 10pm, and

(c) within 10 days of the noise occurring, the person is warned by an authorised officer or enforcement officer not to cause or permit a musical instrument to be used on residential premises in the way specified in paragraphs (a) and (b), and

(d) the person again causes or permits a musical instrument to be used on residential premises in that way within 40 days after the warning has been given.

Maximum penalty—

(a) for an individual—50 penalty units, or

(b) for a corporation—100 penalty units.