Part 3Offences against public order

Part 3—Offences against public order 6A—Violent disorder (1) If 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using or threatening unlawful violence is guilty of an offence. (2) It is immaterial whether or not the 3 or more persons use or threaten unlawful violence simultaneously. (3) No person of reasonable firmness need actually be, or be likely to be, present at the scene. (4) An offence under subsection (1) may be committed in private as well as in public places. (5) A person is guilty of an offence under subsection (1) only if he or she intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence. (6) Subsection (5) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence. violence means any violent conduct, so that— (a) it includes violent conduct towards property as well as violent conduct towards persons; and (b) it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct. Throwing at, or towards, a person a missile of a kind capable of causing injury which does not hit, or falls short of, the person. 7—Disorderly or offensive conduct or language (1) A person who, in a public place or a police station— (a) behaves in a disorderly or offensive manner; or (b) fights with another person; or (c) uses offensive language, (2) A person who disturbs the public peace is guilty of an offence. disorderly includes riotous; public place includes, in addition to the places mentioned in section 4— (a) a ship or vessel (not being a naval ship or vessel) in a harbor, port, dock or river; (b) premises or a part of premises in respect of which a licence is in force under the Liquor Licensing Act 1997. 7A—Obstructing or disturbing religious services etc (1) A person who intentionally— (a) obstructs or disturbs— (i) a religious service; or (ii) a wedding or funeral (whether secular or religious); or (b) obstructs 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, religion means any philosophy or system of belief that is generally recognised in the Australian community as being of a religious nature; religious service means a lawful assembly of the adherents of any religion for the purpose of prayer or any other form of religious observance. 8—Challenges to fight and prize fights (1) Any person who— (a) makes or accepts, either orally or in writing, any challenge to fight for money; or (b) engages in a prize fight, (2) Subsection (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— (a) the 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 (b) the 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. 9A—Supply of methylated spirits (4) A 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. methylated 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. 9B—Sale of drug paraphernalia (1) Subject to this section, a person who— (a) sells a prohibited item; or (b) supplies a prohibited item in connection with the sale, or possible sale, of goods, (a) if the offender is a body corporate—$50 000; (b) if the offender is a natural person—$10 000 or imprisonment for 2 years. (a) sells a prohibited item to a minor; or (b) supplies a prohibited item to a minor in connection with the sale, or possible sale, of goods, (a) if the offender is a body corporate—$100 000; (b) if the offender is a natural person—$20 000 or imprisonment for 2 years. (3) If 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. (4) A 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. (5) If 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— (a) if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or (b) if an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined. (6) An item forfeited under subsection (5) may be dealt with and disposed of in such manner as the Commissioner of Police may direct. cocaine 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: (a) a razor blade; (b) a tube; (c) a mirror; (d) a scoop; (e) a glass bottle; (f) any 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; prohibited item means— (a) a water pipe; or (b) a prohibited pipe; or (c) a cocaine kit; or (d) an item of a kind prescribed by regulation for the purposes of this definition; prohibited pipe means— (a) a 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 (b) components that, when assembled together, form such a device, and includes, without limitation, a device known as a hash pipe and a device known as an ice pipe; sell means— (a) sell, barter or exchange; or (b) offer or agree to sell, barter or exchange; or (c) expose for sale, barter or exchange; or (d) have in possession for sale, barter or exchange; supply includes offer to supply; water pipe means— (a) a device capable of being used for smoking by means of the drawing of smoke fumes through water or another liquid; or (b) components that, when assembled together, form such a device; or (c) a 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, and includes, without limitation, devices known as bongs, hookahs, narghiles, shishas and ghalyans. 10—Offence to consume etc dogs or cats (1) A person who knowingly— (a) kills or otherwise processes a dog or cat for the purpose of human consumption; or (b) supplies 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 (c) consumes meat from a dog or cat, cat means an animal of the species Felis catus; dog means an animal of the species Canis familiaris; meat means the whole or part of a killed animal. 11A—Avoiding payment of entrance fee A 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. 12—Begging alms (a) begs or gathers alms in a public place; or (b) is in a public place for the purpose of begging or gathering alms; or (c) goes from house to house begging or gathering alms; or (d) causes 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 (e) exposes wounds or deformities with the object of obtaining alms, house includes a building or any separately occupied part of a building. 13—Consorting (a) habitually consorts with convicted offenders (whether in this State or elsewhere); and (b) consorts in this State with those convicted offenders after having been given an official warning in relation to each of those convicted offenders, (2) A person does not habitually consort with convicted offenders for the purposes of this section unless— (a) the person consorts with at least 2 convicted offenders (whether on the same or separate occasions); and (b) the person consorts with each convicted offender on at least 2 occasions. (3) The 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: (a) consorting with family members; (b) consorting that occurs in the course of lawful employment or the lawful operation of a business; (c) consorting that occurs in the course of training or education; (d) consorting that occurs in the course of the provision of a health service; (e) consorting that occurs in the course of the provision of legal advice; (f) consorting that occurs in lawful custody or in the course of complying with a court order. consort means consort in person or by any other means, including by electronic or other form of communication; convicted offender means a person who has been convicted of an indictable offence; corresponding law means a law of the Commonwealth, another State, or a Territory that is prescribed by regulation for the purposes of this definition; official warning means— (a) a warning given by a police officer (orally or in writing) that— (i) a convicted offender is a convicted offender; and (ii) consorting with a convicted offender is an offence; or (b) a warning or other notification given under a corresponding law. 16—Possession of instruments for gaming or cheating (1) A 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. (2) Upon 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. instrument includes machine, device or contrivance. 17—Being on premises for an unlawful purpose (a1) A person who has entered, or is present on, primary production premises for an unlawful purpose or without lawful excuse is guilty of an offence. (a) where 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; (b) in any other case— (i) if the offence is committed in aggravated circumstances—$10 000 or imprisonment for 12 months; (ii) if the offence is not committed in aggravated circumstances—$5 000 or 6 months imprisonment. (a2) A person commits an offence against subsection (a1) in aggravated circumstances if, while on the primary production premises, the person— (a) interferes with, or attempts or intends to interfere with, primary production activities; or (b) is accompanied by 2 or more persons; or (c) does anything that gives rise to a serious risk to the safety of the person or any other person on the premises; or (d) does anything that— (i) involves, or gives rise to a risk of— (A) the introduction, spread or increase of a disease or pest; or (B) the contamination of any substance or thing; or (ii) gives rise to any other risk, or kind of risk, related to primary production activities prescribed by the regulations; or (e) intentionally 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. (1) A person who has entered, or is present on, other premises for an unlawful purpose or without lawful excuse is guilty of an offence. Where 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. In any other case—$2 500 or imprisonment for 6 months. (1a) Despite section 5, the onus of proving absence of lawful excuse in proceedings for an offence against this section lies upon the prosecution. (2) Where 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. (3) A person who fails to comply with an order under subsection (2) is guilty of an offence. (3a) A 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. (3b) Compensation 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. primary production premises means premises used for the purpose of primary production activities. 17AA—Misuse of a motor vehicle on private land (1) For 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— (a) drives 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 (b) operates a motor vehicle so as to produce sustained wheel spin; or (c) drives 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 (d) drives a motor vehicle onto an area of park or garden so as to break up the ground surface or cause other damage. (2) However, 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. (3) A person who misuses a motor vehicle is guilty of an offence. Maximum penalty: $2 500. (4) Where 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. (5) The 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. road and road related area have the same meaning as in the Road Traffic Act 1961. 17A—Trespassers on premises (a) a person trespasses on premises; and (b) the nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier; and (c) the trespasser is asked by an authorised person to leave the premises, the 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. (a) if the premises are primary production premises—$5 000 or imprisonment for 6 months; (b) in any other case—$2 500 or imprisonment for 6 months. (2) A person who, while trespassing on premises, uses offensive language or behaves in an offensive manner is guilty of an offence. (2a) A 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. authorised person, in relation to premises, means— (a) the occupier, or a person acting on the authority of the occupier; (b) where 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; occupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises; primary production premises means premises used for the purpose of primary production activities. (4) In 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. 17AB—Trespassers etc at private parties (1) If 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. (2) If a person refuses or fails to produce evidence, in accordance with a requirement under subsection (1), that is satisfactory to the authorised person— (a) the authorised person may advise the person that he or she is a trespasser on the premises; and (b) on 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. (3) Nothing in subsection (2) limits the manner in which a person may become a trespasser on premises that are being used for a private party. (4) If— (a) a person trespasses on premises that are being used for a private party; and (b) the trespasser is asked by an authorised person to leave the premises (whether the trespasser is asked individually or as a member of a group), the 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. Maximum penalty: $5 000 or imprisonment for 1 year. (5) A 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. (6) A 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. (7) If— (a) a 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 (b) an authorised person at the premises requests the police officer to remove the person from the premises, the police officer may remove the person from the premises. (8) If 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— (a) that the person or any member of the group of persons— (i) is or has been behaving in a disorderly, indecent or offensive manner; or (ii) is or has been using offensive words; or (iii) in any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with— (A) a person seeking to attend the private party; or (B) the conduct of the private party; or (b) that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group, the officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require. (9) A 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. (10) In proceedings for an offence against this section, an allegation in the complaint that— (a) specified premises were being used for a private party on a specified date and at a specified time; or (b) 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. (11) This section is in addition to, and does not limit or derogate from, any other provision of this Act or any other law. (12) In this section— authorised person, in relation to premises that are being used for a private party, means— (a) the occupier of the premises, or a person acting on the authority of the occupier of the premises; or (b) a person responsible for organising the party, or a person acting on the authority of such a person, but does not include a minor; occupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises; private 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— (a) on premises (other than residential premises) by or on behalf of a company or business; or (b) in a public place; or (c) on 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). 17AC—Authorised persons (1) An 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— (a) the authorised person's name; and (b) the capacity in which the person is an authorised person under the relevant section. (2) A person must not falsely pretend, by words or conduct, to have the powers of an authorised person under section 17A or section 17AB. 17B—Interference with gates and fences (1) A person who, without the authority of the occupier of land on which animals are kept in the course of primary production— (a) opens and leaves open a gate on or leading to the land; or (b) unfastens and leaves unfastened a gate on or leading to the land; or (c) on finding a gate on or leading to the land open, closes it and leaves it closed; or (d) removes or disables a gate on or leading to the land; or (e) interferes with any part of a fence on or immediately surrounding the land in a manner that— (i) causes the animals to no longer be confined by the fence; or (ii) gives rise to a risk that the animals will no longer be confined by the fence, Maximum penalty: $1 500. Expiation fee: $375. (2) It 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. gate includes a cattle grid or any moveable thing used to enclose land, including a slip panel or moveable fence. 17C—Disturbance of farm animals (1) A 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. Maximum penalty: $2 500 or imprisonment for 6 months. (2) It 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. 17D—Forcible entry or retention of land or premises (a) uses 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 (b) does so otherwise than in pursuance of an order of a court or other lawful process, (a) enters onto land or premises unlawfully; and (b) retains 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, 18—Loitering (1) Where 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— (a) that 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 (b) that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group; or (c) that 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 (d) that the safety of a person in the vicinity is in danger, the officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require. (2) A 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. (3) If 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. (4) The police officer must, before making the request, advise the person— (a) that the request is being made under this section; and (b) which prescribed class the officer believes the person belongs to. (5) If, 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. Maximum penalty: $5 000 or imprisonment for 3 months. (6) A person is of a prescribed class for the purposes of this section if the person is— (a) a person who has been found guilty of, or who is reasonably suspected of having committed, a serious and organised crime offence; or (b) a prescribed drug offender within the meaning of the Criminal Assets Confiscation Act 2005; or (c) a person who is subject to a firearms prohibition order under Part 8 of the Firearms Act 2015; or (d) a person who is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (e) a person who is subject to a weapons prohibition order under Part 3A; or (f) a person who is subject to a consorting prohibition notice under Part 14A; or (g) a person who is subject to a non‑association or place restriction order under Part 4 Division 5 of the Summary Procedure Act 1921; or (h) a person who is subject to a paedophile restraining order under Part 4 Division 7 of the Summary Procedure Act 1921; or (i) a person of a class prescribed by regulation. (7) For 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. (8) In any proceedings for an offence under subsection (5)— (a) an 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 (b) an 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. 18A—Public meetings (1) A person who, in, at or near a place where a public meeting is being held— (a) behaves in a disorderly, indecent, offensive, threatening or insulting manner; or (b) uses threatening, abusive or insulting words; or (c) in any way, except by lawful authority or on some other lawful ground, obstructs or interferes with— (i) a person seeking to attend the meeting; or (ii) any of the proceedings at the meeting; or (iii) a person presiding at the meeting in the organisation or conduct of the meeting, (2) Where, 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— (a) is or has been behaving in a disorderly, indecent, offensive, threatening or insulting manner; or (b) is or has been using threatening, abusive or insulting words; or (c) in any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with— (i) a person seeking to attend the meeting; or (ii) any of the proceedings at the meeting; or (iii) a person presiding at the meeting in the organisation or conduct of the meeting, the 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. (3) A 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. person presiding, in relation to a public meeting, includes any person officiating at, or with responsibility for the organisation or conduct of, the meeting; place means any place whether or not a hall, building or room; public 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. 20—Permitting drunkenness and disorderly conduct (1) A 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. premises includes a shop, restaurant or other premises to which the public are admitted. 21—Permitting premises to be frequented by thieves etc (a) is the occupier of premises frequented by reputed thieves, prostitutes, persons without lawful means of support or persons of notoriously bad character; or (b) is, without reasonable excuse, in premises frequented by any such persons, (2) In 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. 21AA—Publishing material depicting offence etc (1) A person commits an offence against this section if— (a) the person publishes material depicting conduct constituting, or apparently constituting, a prescribed offence; and (b) the person publishes the material with the intention of— (i) encouraging, glorifying or promoting the conduct; or (ii) increasing the person's notoriety, or another person's notoriety, because of their involvement in the conduct. (2) A 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. (3) A 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. (4) A person does not contravene subsection (1) if the publication of the material was for a legitimate public purpose. (5) For 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: (a) whether the publication was for the purpose of educating or informing the public; (b) whether the publication was for the purpose of making or publishing a fair and accurate report of any event or matter of public interest; (c) whether the publication was for the purpose of a work of artistic merit; (d) whether the publication was for a purpose connected to law enforcement or public safety; (e) whether the publication was for a medical, legal or scientific purpose; (f) any other factor prescribed by the regulations. (6) It 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. (a) any photographic, electronic or other information or data from which an image or representation may be produced or reproduced; and (b) any audio, video or other recording from which an image or sound may be produced or reproduced, but 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; (a) an offence involving driving or operating a vehicle or vessel; or (b) an offence involving the use of, or the threat of using, violence; or (c) an offence involving a weapon; or (d) an offence involving interference with, damage to, or destruction of, property; or (e) theft or an offence of which theft is an element; or (f) criminal trespass or an offence of which trespass is an element; or (g) an offence, or offence of a class, declared by the regulations to be a prescribed offence; or (h) an offence against the law of another jurisdiction that would, if committed in this State, constitute an offence prescribed by a preceding paragraph, but does not include an offence, or offence of a class, declared by the regulations to be excluded from the ambit of this definition; publish 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.