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Summary Offences Act 1953
Sch 2Exempt persons—prohibited weapons
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Schedule 2—Exempt persons—prohibited weapons
1—Interpretation
In this Schedule, unless the contrary intention appears—
number, 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;
official ceremony means a ceremony conducted—
(a) by the Crown in right of the State or the Commonwealth; or
(b) by or under the auspices of—
(i) the Government of the State or the Commonwealth; or
(ii) South Australia Police; or
(iii) the armed forces;
prescribed masonic organisation means—
(a) the Antient, Free And Accepted Masons Of South Australia and the Northern Territory Incorporated; or
(b) a Lodge or Order of Freemasons warranted and recognised by the association referred to in paragraph (a); or
(c) the Lodge of Freemasons named "The Duke of Leinster Lodge";
prescribed services organisation means—
(a) The Returned and Services League of Australia (S.A. Branch) Incorporated or any of its sub‑branches; or
(b) an association or other body (whether or not incorporated) that is a member of the Consultative Council of Ex‑Service Organisations (S.A.).
2—Application of Schedule
(1) If—
(a) in 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
(b) the weapon is, in accordance with the regulations, included in 1 or more of the other classes of prohibited weapon,
the 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).
(2) The 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—
(a) an offence involving violence for which the maximum term of imprisonment is 5 years or more; or
(b) an equivalent offence involving violence under the law of another State or Territory of the Commonwealth or of another country.
(3) If 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.
(4) A 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.
Part 2—Exemptions
3—Police officers
A 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.
4—Delivery to police
A 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.
5—Emergencies
A 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.
6—Business purposes
A 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—
(a) the use or possession of the weapon is reasonably required for that purpose; and
(b) the 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.
7—Religious purposes
A 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—
(a) the person is a member of a religious group; and
(b) the person possesses, wears or carries the knife or dagger for the purpose of complying with the requirements of that religion.
8—Entertainment
A 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.
9—Sport and recreation
A 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.
10—Ceremonies
A 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.
11—Museums and art galleries
A 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.
12—Executors etc
(1) A 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—
(a) as the executor, administrator or other representative of—
(i) the estate of a deceased person or a bankrupt; or
(ii) a person who is legally incompetent; or
(b) as receiver or liquidator of a body corporate.
(2) A 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—
(a) as the executor, administrator or other representative of—
(i) the estate of a deceased person or a bankrupt; or
(ii) a person who is legally incompetent; or
(b) as receiver or liquidator of a body corporate,
provided that the sale or supply is to a person who is entitled to possession of the weapon under section 21F of this Act.
13—Heirlooms
A 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—
(a) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or
(b) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or
(c) valuation by a person who carries on a business that includes the valuing of articles of that kind; or
(d) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or
(e) 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).
14—Collectors
(1) A 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—
(a) the 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:
(i) a record describing and identifying the weapon;
(ii) a 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;
(iii) the 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
(b) 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—
(i) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or
(ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or
(iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or
(iv) repair, restoration or valuation—
(A) by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or
(B) by a person who is, under clause 17, an exempt person in relation to a prohibited weapon; or
(v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or
(vi) storage by another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or
(vii) returning it to—
(A) another collector who is, under this clause, an exempt person in relation to a prohibited weapon; or
(B) a prescribed services organisation that is, under clause 15, an exempt person in relation to a prohibited weapon,
on whose behalf he or she has repaired, restored, valued or stored the weapon; or
(viii) taking 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
(ix) its sale or supply to another person in accordance with subclause (2); and
(c) the 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).
(2) A 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.
(3) A 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.
15—Prescribed services organisations (RSL etc)
(1) A 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—
(a) the 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:
(i) a record describing and identifying the weapon;
(ii) a 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;
(iii) the 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
(b) the organisation keeps the weapon in a safe and secure manner at its premises and does not remove the weapon except for the purpose of—
(i) display by a person who is entitled under section 21F of this Act to have possession of it for that purpose; or
(ii) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or
(iii) valuation by a person who carries on a business that includes the valuing of articles of that kind; or
(iv) repair, restoration or valuation—
(A) by a collector who is, under clause 14, an exempt person in relation to a prohibited weapon; or
(B) by a person who is, under clause 17, an exempt person in relation to a prohibited weapon; or
(v) secure storage by a person who carries on the business of storing valuable property on behalf of other persons; or
(vi) its sale or supply to another person in accordance with subclause (2); and
(c) the 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).
(2) A 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.
16—Possession by collector on behalf of prescribed services organisation or another collector
A 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—
(a) possession 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
(b) the other collector is, under clause 14, or the prescribed services organisation is, under clause 15, an exempt person in relation to the weapon; and
(c) while 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.
17—Manufacturers etc
A 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—
(a) the person—
(i) has not been found guilty by a court of an offence involving the use, or the threat of using, a weapon; and
(ii) has notified the Commissioner in writing that he or she is, or intends, manufacturing, selling, distributing, supplying or otherwise dealing in prohibited weapons and of—
(A) the person's full name; and
(B) the address of the place or places at which the person is, or intends, conducting those activities; and
(C) the person's residential address; and
(D) in the case of a body corporate—the full name and residential address of each of its directors; and
(iii) the 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
(b) the weapons are kept in a safe and secure manner; and
(c) in 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
(d) a prohibited weapon is not marketed (within the meaning of section 21D of this Act) by the person in a way that—
(i) indicates, or suggests, that the weapon is suitable for combat; or
(ii) is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon; and
(e) in 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
(f) the 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:
(i) a description of each prohibited weapon that is, or has been, in his or her possession;
(ii) the identifying brand and number (if any) that is marked on each of those weapons;
(iii) the 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;
(iv) the date of each transaction; and
(g) the 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
(h) the 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.
18—Possession by manufacturer etc on behalf of prescribed services organisation or another collector
A 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—
(a) possession 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
(b) the collector is, under clause 14, or the prescribed services organisation is, under clause 15, an exempt person in relation to the weapon.
19—Prescribed weapons—security agents
(1) A 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—
(a) the person is—
(i) authorised 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
(ii) the 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
(b) the weapon is kept in a safe and secure manner at the person's business premises when not being used; and
(c) the 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
(d) the weapon is not issued to another person unless the other person is—
(i) an employee in the business; and
(ii) an exempt person under subclause (2); and
(e) the 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:
(i) the make and model of the weapon and the identifying number marked on the weapon under paragraph (c);
(ii) the 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;
(iii) the 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
(f) the 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
(g) in the case of a natural person—
(i) the 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
(ii) the person does not carry the weapon while engaged in crowd control.
(2) A 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—
(a) is employed to protect or guard property by a person who carries on the business of protecting or guarding property; and
(b) is authorised by a licence granted under the Security and Investigation Industry Act 1995 to protect or guard property as a security agent; and
(c) is 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
(d) reasonably requires the possession of the weapon for the purposes of carrying out the duties of his or her employment; and
(e) has 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
(f) has 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
(g) does not carry the weapon while engaged in crowd control; and
(h) as 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.
20—Prescribed weapons—members of Scottish associations
A 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—
(a) —
(i) the 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
(ii) the 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
(b) the 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
(c) the person has possession of the weapon solely for the purpose of—
(i) wearing it with that clothing; and
(ii) if the weapon is of a kind prescribed for the purposes of this subparagraph—using it in traditional Scottish ceremonies; and
(d) if 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
(e) the person keeps the weapon in a safe and secure manner at his or her place of residence and does not remove it except—
(i) for the purpose of wearing it with that clothing; or
(ii) for the purpose of lending it to a person who is entitled under section 21F of this Act to have possession of it; or
(iii) for 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).
21—Prescribed weapons—lodges of Freemasons etc
A 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—
(a) is only used at the premises of the organisation for traditional ceremonial purposes; and
(b) when not in use, is kept at the premises of the organisation, in a safe and secure manner; and
(c) is not removed from the premises except for the purpose of—
(i) repair or restoration by a person who carries on a business that includes the repair or restoration of articles of that kind; or
(ii) valuation by a person who carries on a business that includes valuing articles of that kind; or
(iii) 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).
22—Prescribed weapons—astronomical purposes
A 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—
(a) the person is using or has possession of the weapon for the purpose or in the course of participating in astronomy; and
(b) the person—
(i) is a member of—
(A) the Astronomical Society of South Australia Incorporated; or
(B) the Mars Society Australia Incorporated; or
(ii) participates in astronomy under the supervision of a member of a body referred to in subparagraph (i); or
(iii) participates in astronomy at an observatory; or
(iv) participates in astronomy as part of a course of study conducted by an educational institution.
23—Prescribed weapons—food preparation
A 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.
24—Prescribed weapons—NSW fisheries officers
A 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.
Legislative history
Formerly
Police Offences Act 1953
Notes
• This version is comprised of the following:
1.7.2020
Schedules
• In this version provisions that are uncommenced appear in italics.
• Amendments of this version that are uncommenced are not incorporated into the text.
• Please 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.
• Earlier versions of this Act (historical versions) are listed at the end of the legislative history.
• For 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.
Legislation amended by principal Act
The Summary Offences Act 1953 amended the following:
Police Act 1936
Principal Act and amendments
New entries appear in bold.
Year
No
Title
Assent
Commencement
Police Offences Act 1953
17.12.1953
1.3.1954 (Gazette 28.1.1954 p155)
Police Offences Act Amendment Act 1956
29.11.1956
29.11.1956
Police Offences Act Amendment Act 1957
14.11.1957
14.11.1957
Police Offences Act Amendment Act 1958
30.10.1958
30.10.1958
Police Offences Act Amendment Act 1960
12.5.1960
12.5.1960
Police Offences Act Amendment Act (No. 2) 1960
Police Offences Act Amendment Act (No. 3) 1960
Police Offences Act Amendment Act 1961
Police Offences Act Amendment Act (No. 2) 1961
Statute Law Revision Act 1965
9.12.1965
9.12.1965
Police Offences Act Amendment Act 1967
9.11.1967
9.11.1967
Police Offences Act Amendment Act 1972
6.4.1972
13.4.1972 (Gazette 13.4.1972 p1431)
Police Offences Act Amendment Act (No. 2) 1972
7.9.1972
19.10.1972 (Gazette 19.10.1972 p1928)
Police Offences Act Amendment Act (No. 3) 1972
7.12.1972
15.2.1973 (Gazette 15.2.1973 p495)
Police Offences Act Amendment Act 1973
8.11.1973
8.11.1973
Police Offences Act Amendment Act (No. 2) 1973
Statute Law Revision Act 1973
Classification of Publications Act 1974
18.7.1974 (Gazette 11.7.1974 p99)
Statute Law Revision Act 1974
Police Offences Act Amendment Act 1974
8.8.1974
8.8.1974
Criminal Law (Sexual Offences) Amendment Act 1975
2.10.1975
2.10.1975
Police Offences Act Amendment Act 1975
23.10.1975
23.10.1975
Police Offences Act Amendment Act 1976
Police Offences Act Amendment Act (No. 2) 1976
Police Offences Act Amendment Act (No. 3) 1976
16.12.1976
3.9.1984 (Gazette 30.8.1984 p694)
Police Offences Act Amendment Act 1978
Police Offences Act Amendment Act (No. 2) 1978
Police Offences Act Amendment Act (No. 3) 1978
Police Offences Act Amendment Act 1979
15.3.1979
1.7.1979 (Gazette 24.5.1979 p1498)
Police Offences Act Amendment Act 1980
Police Offences Act Amendment Act 1981
19.3.1981
1.1.1982 (Gazette 26.11.1981 p2134)
Police Offences Act Amendment Act 1983
13.10.1983
14.11.1983 (Gazette 10.11.1983 p1354)
Statutes Amendment (Criminal Law Consolidation and Police Offences) Act 1983
22.12.1983 (Gazette 22.12.1983 p1718)
Statute Law Revision Act 1984
Sch 4—6.7.1985 (Gazette 9.5.1985 p1398)
Police Offences Act Amendment Act 1984
Statutes Amendment (Bail) Act 1985
7.3.1985
7.7.1985 (Gazette 9.5.1985 p1398)
Police Offences Act Amendment Act 1985
2.5.1985
10.5.1985 except ss 4, 9, 21, 26, 28—36, Sch—8.7.1985 (Gazette 9.5.1985 p1398)
Summary Offences Act Amendment Act 1986
10.4.1986
1.7.1986 (Gazette 1.5.1986 p1104)
Criminal Law Consolidation Act Amendment Act 1986
4.12.1986
1.2.1987 (Gazette 15.1.1987 p52)
Summary Offences Act Amendment Act (No. 2) 1986
Summary Offences Act Amendment Act (No. 3) 1986
5.4.1987 (Gazette 26.2.1987 p434)
Summary Offences Act Amendment Act (No. 4) 1986
30.3.1987 (Gazette 26.2.1987 p440)
Summary Offences Act Amendment Act 1987
Summary Offences Act Amendment Act (No. 2) 1987
17.12.1987
1.5.1988 (Gazette 21.4.1988 p1016)
Summary Offences Act Amendment Act 1988
1.12.1988
6.3.1989 (Gazette 2.3.1989 p594)
Summary Offences Act Amendment Act (No. 2) 1988
1.12.1988
1.7.1989 (Gazette 29.6.1989 p1753)
Statutes Amendment (Criminal Law Consolidation and Summary Offences) Act 1988
15.12.1988
6.3.1989 (Gazette 23.2.1989 p539)
Summary Offences Act Amendment Act 1989
31.8.1989
5.10.1989 (Gazette 5.10.1989 p1022)
Statute Law Revision Act 1990
26.4.1990
Sch 7—24.9.1990 (Gazette 6.9.1990 p778)
Summary Offences Act Amendment Act 1990
3.5.1990
26.7.1990 (Gazette 19.7.1990 p344)
Summary Offences Act Amendment Act (No. 2) 1990
22.11.1990
7.2.1991 (Gazette 7.2.1991 p366)
Summary Offences (Child Pornography) Amendment Act 1992
Statutes Amendment and Repeal (Public Offences) Act 1992
6.7.1992 (Gazette 2.7.1992 p209)
Statutes Amendment (Illegal Use of Motor Vehicles) Act 1992
6.7.1992 (Gazette 2.7.1992 p209)
Summary Offences (Prevention of Graffiti Vandalism) Amendment Act 1992
4.6.1992 (Gazette 28.5.1992 p1512)
Summary Offences (Road Blocks) Amendment Act 1992
Statutes Repeal and Amendment (Places of Public Entertainment) Act 1993
27.10.1993
3.4.1995 (Gazette 23.2.1995 p422)
Criminal Law Consolidation (Felonies and Misdemeanours) Amendment Act 1994
27.10.1994
1.1.1995 (Gazette 8.12.1994 p1942)
State Disaster (Major Emergencies and Recovery) Amendment Act 1994
1.12.1994
2.2.1995 (Gazette 2.2.1995 p200)
Statutes Amendment (Attorney-General's Portfolio) Act 1995
27.4.1995
s 21—10.7.1995 (Gazette 29.6.1995 p2973); s 20—27.4.1997 (s 7(5) Acts Interpretation Act 1915)
Statutes Amendment (Recording of Interviews) Act 1995
10.8.1995
Pts 1 & 2 and Sch (cl 1)—3.3.1996 (Gazette 21.12.1995 p1760)
Summary Offences (Indecent or Offensive Material) Amendment Act 1995
Summary Offences (Overcrowding at Public Venues) Amendment Act 1995
14.12.1995
21.12.1995 (Gazette 21.12.1995 p1760)
Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996
2.5.1996
Sch (cl 34)—3.2.1997 (Gazette 19.12.1996 p1923)
Second-hand Dealers and Pawnbrokers Act 1996
19.12.1996
1.3.1998 (Gazette 19.2.1998 p932)
Statutes Amendment (Attorney-General's Portfolio) Act 1997
31.7.1997
Pt 9 (s 17)—14.9.1997 (Gazette 11.9.1997 p704)
Criminal Law (Forensic Procedures) Act 1998
2.4.1998
25.7.1999 (Gazette 15.7.1999 p234)
Summary Offences (Offensive and other Weapons) Amendment Act 1998
17.12.1998
17.12.2000 (Gazette 23.11.2000 p3235)
Statutes Amendment and Repeal (Justice Portfolio) Act 1999
5.8.1999
Pt 11 (s 54)—1.1.2000 (Gazette 23.9.1999 p1208)
Criminal Law Consolidation (Sexual Servitude) Amendment Act 2000
Boxing and Martial Arts Act 2000
13.7.2000
Sch (cl 1)—11.7.2002 (Gazette 4.7.2002 p2794)
Summary Offences (Searches) Amendment Act 2000
20.7.2000
ss 1—3—22.2.2002 (Gazette 10.1.2002 p4)
Graffiti Control Act 2001
11.10.2001
s 14 & Sch—1.2.2002 (Gazette 15.1.2002 p184)
Criminal Law Consolidation (Offences of Dishonesty) Amendment Act 2002
31.10.2002
Sch 3 (cl 8)—5.7.2003 (Gazette 15.5.2003 p1979)
Statutes Amendment (Attorney-General's Portfolio) Act 2002
28.11.2002
Pt 10 (s 18)—3.3.2003 (Gazette 27.2.2003 p807)
Coroners Act 2003
31.7.2003
Sch (Pt 13)—1.7.2005 (Gazette 23.6.2005 p1899)
Statutes Amendment (Anti-Fortification) Act 2003
30.10.2003
Pt 3 (s 8) & Sch—1.2.2004 (Gazette 15.1.2004 p197)
Summary Offences (Vehicle Immobilisation Devices) Amendment Act 2003
4.12.2003
10.1.2005 (Gazette 2.12.2004 p4443)
Statutes Amendment (Computer Offences) Act 2004
4.3.2004
Pt 3 (s 5)—30.5.2004 (Gazette 22.4.2004 p1086)
Summary Offences (Consumption of Dogs and Cats) Amendment Act 2004
4.3.2004
3.5.2004 (Gazette 22.4.2004 p1087)
Summary Offences (Offensive Weapons) Amendment Act 2004
1.4.2004
1.7.2004 (Gazette 3.6.2004 p1717)
Emergency Management Act 2004
29.7.2004
Sch 1 (cl 5)—25.11.2004 (Gazette 25.11.2004 p4406)
Criminal Law Consolidation (Child Pornography) Amendment Act 2004
16.12.2004
Pt 4 (s 9)—30.1.2005 (Gazette 13.1.2005 p67)
Statutes Amendment (Misuse of Motor Vehicles) Act 2004
16.12.2004
Pt 3 (s 6)—7.2.2005; Pt 3 (s 7)—2.5.2005 (Gazette 20.1.2005 p260)
Road Traffic (Excessive Speed) Amendment Act 2005
9.6.2005
Sch 1—1.12.2005 (Gazette 10.11.2005 p3926)
Fire and Emergency Services Act 2005
14.7.2005
Sch 6 (cl 12)—1.10.2005 (Gazette 29.9.2005 p3547)
Statutes Amendment and Repeal (Aggravated Offences) Act 2005
Pt 6 (s 28)—15.5.2006 (Gazette 20.4.2006 p1127)
Statutes Amendment (Road Transport Compliance and Enforcement) Act 2006
29.6.2006
Pt 5 (ss 67—69)—30.4.2007 (Gazette 26.4.2007 p1353)
Statutes Amendment (New Rules of Civil Procedure) Act 2006
6.7.2006
Pt 72 (ss 225 & 226)—4.9.2006 (Gazette 17.8.2006 p2831)
Summary Offences (Gatecrashers at Parties) Amendment Act 2007
15.2.2007
Pt 2 (ss 4 & 5)—1.4.2007 (Gazette 29.3.2007 p930)
Criminal Law (Forensic Procedures) Act 2007
29.3.2007
Sch 1 (cl 4)—14.5.2007 (Gazette 10.5.2007 p1977)
Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007
2.8.2007
Sch 1 (cll 2 & 3)—16.12.2007 (Gazette 6.12.2007 p4734)
Statutes Amendment (Public Order Offences) Act 2008
17.4.2008
Pt 3 (s 6)—8.6.2008 (Gazette 5.6.2008 p1871)
Summary Offences (Drug Paraphernalia) Amendment Act 2008
8.5.2008
Pt 2 (s 4)—8.6.2008 (Gazette 5.6.2008 p1872)
Serious and Organised Crime (Control) Act 2008
15.5.2008
Sch 1 (cll 6 & 7)—4.9.2008 (Gazette 4.9.2008 p4227)
Firearms (Firearms Prohibition Orders) Amendment Act 2008
12.6.2008
Sch 1 (cl 2)—27.11.2008 (Gazette 27.11.2008 p5277)
Controlled Substances (Drug Detection Powers) Amendment Act 2008
31.7.2008
Sch 1 (cl 1)—23.10.2008 (Gazette 23.10.2008 p4931)
Summary Offences (Indecent Filming) Amendment Act 2008
6.11.2008
8.2.2009 (Gazette 5.2.2009 p534)
Statutes Amendment (Public Health Incidents and Emergencies) Act 2009
25.6.2009
Pt 9 (s 28)—25.6.2009
Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) (Miscellaneous) Amendment Act 2009
10.12.2009
Sch 1 (cll 1 & 2)—31.10.2010 (Gazette 30.9.2010 p4990)
Health Practitioner Regulation National Law (South Australia) Act 2010
Sch 1 (cl 27)—1.7.2010 (Gazette 1.7.2010 p3338)
South Australian Public Health Act 2011
16.6.2011
Sch 1 (cl 10)—16.9.2012 (Gazette 30.8.2012 p3945)
Summary Offences (Tattooing, Body Piercing and Body Modification) Amendment Act 2011
6.10.2011
Pt 2 (s 4)—15.12.2012 immediately after Pt 1 of 20/2012 (Gazette 15.11.2012 p5008)
Education and Early Childhood Services (Registration and Standards) Act 2011
8.12.2011
Sch 3 (cl 24)—1.1.2012 (Gazette 15.12.2011 p4986)
Statutes Amendment (Serious and Organised Crime) Act 2012
10.5.2012
Pt 11 (ss 45—48)—17.6.2012 (Gazette 14.6.2012 p2756)
Serious and Organised Crime (Control) (Miscellaneous) Amendment Act 2012
10.5.2012
Sch 1 (cll 1—3)—17.6.2012 (Gazette 14.6.2012 p2756)
Statutes Amendment (Criminal Intelligence) Act 2012
24.5.2012
Pt 8 (ss 12—15)—12.7.2012 (Gazette 12.7.2012 p3110)
Summary Offences (Weapons) Amendment Act 2012
24.5.2012
Pt 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)
Correctional Services (Miscellaneous) Amendment Act 2012
7.6.2012
Sch 1 (cl 1)—31.8.2012 (Gazette 23.8.2012 p3827)
Statutes Amendment (Serious Firearm Offences) Act 2012
27.9.2012
Pt 6 (s 31)—15.10.2012 (Gazette 15.10.2012 p4652)
Summary Offences (Drug Paraphernalia) Amendment Act 2012
Statutes Amendment (Courts Efficiency Reforms) Act 2012
22.11.2012
Pt 12 (s 35)—1.7.2013 (Gazette 16.5.2013 p1541)
Independent Commissioner Against Corruption Act 2012
6.12.2012
Sch 3 (cl 73)—1.9.2013 (Gazette 23.5.2013 p2006)
Summary Offences (Filming Offences) Amendment Act 2013
14.3.2013
9.5.2013 (Gazette 9.5.2013 p1424)
Statutes Amendment (Attorney-General's Portfolio) Act 2013
18.4.2013
Pt 12 (ss 26 & 27)—9.6.2013 (Gazette 6.6.2013 p2498)
Child Sex Offenders Registration (Miscellaneous) Amendment Act 2013
3.10.2013
Sch 1 (cl 3)—22.12.2013 (Gazette 19.12.2013 p4923)
Statutes Amendment (Arrest Procedures and Bail) Act 2013
7.11.2013
Pt 3 (ss 14—17)—1.10.2014 (Gazette 4.9.2014 p4244)
Statutes Amendment (Attorney-General's Portfolio) Act 2014
11.12.2014
Pt 7 (s 13)—1.4.2015 (Gazette 19.2.2015 p793)
Statutes Amendment (Vulnerable Witnesses) Act 2015
Pt 5 (s 22—29)—1.7.2016 (Gazette 23.6.2016 p2618)
Statutes Amendment (Serious and Organised Crime) Act 2015
Pt 4 (ss 10 & 11)—6.8.2015 (Gazette 6.8.2015 p3752)
Firearms Act 2015
17.12.2015
Sch 1 (cll 20—22)—1.7.2017 (Gazette 27.6.2017 p2619)
Local Nuisance and Litter Control Act 2016
26.5.2016
Sch 2 (cl 7)—1.7.2017 (Gazette 21.7.2016 p2988)
Statutes Amendment (Attorney-General's Portfolio) Act 2016
Pt 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)
Statutes Amendment (Gender Identity and Equity) Act 2016
4.8.2016
Pt 13 (s 38)—8.9.2016 (Gazette 8.9.2016 p3676)
Summary Offences (Filming and Sexting Offences) Amendment Act 2016
29.9.2016
28.10.2016 (Gazette 27.10.2016 p4237)
Summary Offences (Declared Public Precincts) Amendment Act 2017
28.2.2017
1.5.2017 (Gazette 5.4.2017 p1023)
Statutes Amendment (Possession of Firearms and Prohibited Weapons) Act 2017
Pt 3 (s 7)—18.7.2017: s 2
Summary Offences (Interviewing Vulnerable Witnesses) Amendment Act 2017
Liquor Licensing (Liquor Review) Amendment Act 2017
28.11.2017
Sch 1 (cll 9 & 10)—18.11.2019 (Gazette 7.11.2019 p3759)
Statutes Amendment (Sentencing) Act 2017
28.11.2017
Pt 20 (s 31)—30.4.2018 (Gazette 6.2.2018 p612)
Statutes Amendment (Extremist Material) Act 2017
Pt 3 (s 5)—23.1.2018 (Gazette 23.1.2018 p282)
Statutes Amendment (Explosives) Act 2017
Pt 3 (ss 7 & 8)—1.5.2018 (Gazette 6.2.2018 p611)
Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017
Pt 19 (s 129)—22.10.2018 (Gazette 19.12.2017 p5119)
Summary Offences (Disrespectful Conduct in Court) Amendment Act 2018
15.11.2018
20.12.2018 (Gazette 20.12.2018 p4355)
(229)
Health Practitioner Regulation National Law (South Australia) (Amendment of Law) (No 3) Regulations 2018 (Gazette 29.11.2018 p4077)
—
Sch 1 (cll 6 & 7)—1.12.2018: r 2
Summary Offences (Liquor Offences) Amendment Act 2018
13.12.2018
Pt 2 (s 4)—13.12.2020 (s 7(5) Acts Interpretation Act 1915)
Statutes Amendment (Child Exploitation and Encrypted Material) Act 2019
11.7.2019
Pt 5 (s 11)—24.10.2019 (Gazette 24.10.2019 p3572)
Criminal Law Consolidation (Assaults on Prescribed Emergency Workers) Amendment Act 2019
1.8.2019
Sch 1 (cl 4)—3.10.2019 (Gazette 3.10.2019 p3398)
Education and Children's Services Act 2019
8.8.2019
Sch 1 (cl 14)—1.7.2020 (Gazette 11.6.2020 p3305)
Statutes Amendment (Attorney-General's Portfolio) (No 2) Act 2019
19.9.2019
Pt 15 (s 23)—13.12.2020 immediately after s 4 of 40/2018: s 2(7)
Statutes Amendment and Repeal (Simplify) Act 2019
Pt 48 (s 92)—3.10.2019: s 2(1)
Criminal Law Consolidation (Child-Like Sex Dolls Prohibition) Amendment Act 2019
Sch 1 (cl 1)—3.1.2020: s 2(2)
Statutes Amendment and Repeal (Classification of Publications, Films and Computer Games) Act 2019
5.12.2019
Pt 3 (s 21)—3.2.2020 (Gazette 30.1.2020 p185)
Summary Offences (Trespass on Primary Production Premises) Amendment Act 2020
7.5.2020
9.7.2020 (Gazette 25.6.2020 p3505)
(66)
Summary Offences (Variation of Schedule 2) Regulations 2020 (Gazette 21.5.2020 p2492 (replaced Gazette 21.5.20 p 2460))
—
21.5.2020: r 2
Statutes Amendment (Attorney-General's Portfolio) Act 2020
1.10.2020
Pt 7 (s 14)—13.12.2020 immediately after s 4 of 40/2018 insofar as it inserts s 21OC: s 2(4)
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021
Sch 1 (cll 55 & 76)—7.10.2021: s 2
Statutes Amendment (Spit Hood Prohibition) Act 2021
Pt 5 (s 6)—25.11.2021
Statutes Amendment (Child Sexual Abuse) Act 2021
9.12.2021
Pt 6 (s 22)—1.6.2022 (Gazette 17.2.2022 p490)
Summary Offences (Dog Theft) Amendment Act 2022
8.12.2022
13.2.2023 (Gazette 2.2.2023 p194)
Summary Offences (Obstruction of Public Places) Amendment Act 2023
Summary Offences (Nazi Salute and Symbols Prohibition) Amendment Act 2024
4.7.2024
5.8.2024 (Gazette 1.8.2024 p2279)
Criminal Law Consolidation (Stalking and Harassment) Amendment Act 2025
13.2.2025
Sch 1 (cl 5)—8.6.2025 (Gazette 15.5.2025 p1171)
Statutes Amendment (Attorney-General's Portfolio and Other Justice Measures) Act 2025
Pt 11 (s 20)—12.3.2025: s 2(1)
Summary Offences (Knives and Other Weapons) Amendment Act 2025
12.3.2025: 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
Summary Offences (Humiliating, Degrading or Invasive Depictions) Amendment Act 2025
22.5.2025
3.11.2025 (Gazette 30.10.2025 p4242)
Children and Young People (Safety and Support) Act 2025
12.6.2025
Sch 2 (cll 40 & 41)—uncommenced
Summary Offences (Prohibition of Publication of Certain Material) Amendment Act 2025
25.9.2025
16.2.2026 (Gazette 22.1.2026 p83)
Statutes Amendment (Claim Farming) Act 2025
30.10.2025
Pt 3 (s 5)—uncommenced
Statutes Amendment (Attorney-General's Portfolio) Act 2025
Pt 6 (s 8)—20.11.2025: s 2
Firearms (Digital Blueprints for 3D Printing) Amendment Act 2025
27.11.2025
Sch 1 (cll 1 to 6)—19.2.2026 (Gazette 19.2.2026 p361)
Summary Offences (High Risk Missing Persons) Amendment Act 2025
4.12.2025: s 2
Provisions amended since 3 February 1976
• Legislative 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.
• Certain 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.
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision
How varied
Commencement
Long title
substituted by 46/2003 Sch 1
Pt 1
Pt 1 heading
inserted by 46/2003 Sch 1
s 1
substituted by 46/1985 s 3
s 2
deleted by 23/1990 s 3(1) (Sch 7)
s 4
s 4(1)
declared public precinct
inserted by 3/2017 s 4
declared public precinct period
inserted by 3/2017 s 4
major offence
inserted by 56/2003 s 4
minor
inserted by 52/1980 s 2(a)
motor vehicle
inserted by 74/2009 Sch 1 cl 1
place of public entertainment
inserted by 46/1985 s 4(a)
substituted by 87/1993 s 13
3.4.1995
deleted by 106/1995 s 3(a)
primary production activities
inserted by 10/2020 s 4
public venue
inserted by 106/1995 s 3(b)
senior police officer
inserted by 38/1990 s 3
serious and organised crime offence
inserted by 12/2012 s 45
telephone
inserted by 46/1985 s 4(b)
to tattoo
inserted by 52/1980 s 2(b)
s 4(2)
s 5
Pt 2
Pt 2 heading
heading preceding s 6 deleted and Pt 2 heading inserted by 46/2003 Sch 1
substituted by 13/2012 Sch 1 cl 1
s 6
s 6(1)
deleted by 17/2019 Sch 1 cl 4
s 6(2)
s 6(3) and (4)
s 6(5)
police officer
member of the police force renamed police officer by 46/2003 Sch 1
s 6(6)
deleted by 46/1985 s 5
s 6AA
inserted by 13/2012 Sch 1 cl 2
Pt 3
Pt 3 heading
heading preceding s 7 deleted and Pt 3 heading inserted by 46/2003 Sch 1
s 6A
inserted by 8/2008 s 6
s 7
s 7(1) and (2)
s 7(3)
public place
s 7A before substitution by 62/2005
inserted by 35/1992 s 19
s 7A(1)
s 7A
substituted by 62/2005 s 28
15.5.2006
s 8
s 8(1)
s 8(2)
substituted by 36/2000 Sch cl 1
11.7.2002
s 8(3)
deleted by 46/1985 s 6
s 9
amended by 69/1983 s 3
14.11.1983
deleted by 106/1976 s 3
3.9.1984
s 9A
s 9A(1)—(3)
deleted by 106/1976 s 4
3.9.1984
s 9A(4)
s 9A(5)
deleted by 46/1985 s 7
s 9B
inserted by 11/2008 s 4
s 9B(7)
prohibited item
amended by 36/2012 s 3
s 10
deleted by 46/1985 s 8
inserted by 4/2004 s 4
3.5.2004
s 11
s 11A
inserted by 46/1985 s 9
s 12
s 12(1)
s 12(2)
s 13
deleted by 13/2008 Sch 1 cl 6
s 13
inserted by 12/2012 s 46
substituted by 19/2015 s 10
s 15 before deletion by 20/2012
s 15(1)
amended by 46/1985 s 10(a)
amended by 78/1998 s 3(a)
s 15(1a)
deleted by 46/1985 s 10(b)
inserted by 103/1988 s 4(a)
amended by 78/1998 s 3(b), (c)
deleted by 15/2008 Sch 1 cl 2(1)
s 15(1b)
inserted by 102/1978 s 2(a)
amended by 78/1998 s 3(d)
s 15(1ba)—(1bc)
inserted by 5/2004 s 4(1)
s 15(1c)—(1e)
inserted by 78/1998 s 3(e)
s 15(1f)
inserted by 78/1998 s 3(e)
(a) deleted by 15/2008 Sch 1 cl 2(2)
s 15(2)
substituted by 102/1978 s 2(b)
amended by 46/1985 s 10(c)
amended by 103/1988 s 4(b)
amended by 78/1998 s 3(f)
amended by 15/2008 Sch 1 cl 2(3)
s 15(2a)
inserted by 78/1998 s 3(g)
amended by 24/2012 Sch 1 cl 1
31.8.2012
s 15(2b)—(2g)
inserted by 78/1998 s 3(g)
s 15(3)
carry
deleted by 78/1998 s 3(h)
dangerous article
inserted by 102/1978 s 2(c)
exempt person
inserted by 78/1998 s 3(i)
firearm
inserted by 103/1988 s 4(c)
deleted by 15/2008 Sch 1 cl 2(4)
licensed premises
inserted by 5/2004 s 4(2)
night
inserted by 5/2004 s 4(2)
offensive weapon
amended by 78/1998 s 3(j), (k)
official ceremony
inserted by 78/1998 s 3(l)
prescribed drug
substituted by 102/1978 s 2(d)
deleted by 46/1985 s 10(d)
prohibited weapon
inserted by 78/1998 s 3(l)
s 15(3a)
inserted by 78/1998 s 3(m)
amended by 15/2008 Sch 1 cl 2(5), (6)
s 15(4)
inserted by 103/1988 s 4(d)
deleted by 15/2008 Sch 1 cl 2(7)
s 15(5)
s 15(4) inserted by 102/1978 s 2(e)
s 15(4) substituted by 46/1985 s 10(e)
s 15(4) redesignated as s 15(5) by 23/1990 s 3(1) (Sch 7)
deleted by 78/1998 s 3(n)
s 15
deleted by 20/2012 s 4
s 15A before deletion by 20/2012
inserted by 27/1995 s 20
27.4.1997
s 15A(1)
s 15A(1a) and (1b)
inserted by 59/1997 s 17
14.9.1997
s 15A
deleted by 20/2012 s 4
s 16
s 16(1)
s 16(2) and (3)
s 17
amended by 53/1984 s 2
substituted by 46/1985 s 11
s 17(a1) and (a2)
inserted by 10/2020 s 5(1)
s 17(1)
amended by 37/1992 s 7
amended by 10/2020 s 5(2)
s 17(1a)
inserted by 50/1984 s 3(1) (Sch 4)
s 17(2)
s 17(3)
s 17(3a) and (3b)
inserted by 10/2020 s 5(3)
s 17(4)
substituted by 104/1986 s 2
primary production premises
inserted by 10/2020 s 5(4)
s 17AA
inserted by 74/2009 Sch 1 cl 2
s 17AA(5)
amended by 53/2017 s 31
30.4.2018
s 17A
inserted by 53/1984 s 3
s 17A(1)
amended by 10/2020 s 6(1)
s 17A(2)
amended by 46/1985 s 12(a)
substituted by 104/1986 s 3(a)
s 17A(2a)
inserted by 46/1985 s 12(b)
substituted by 104/1986 s 3(a)
s 17A(2b)
inserted by 104/1986 s 3(a)
deleted by 2/2007 s 4
s 17A(2c)
inserted by 104/1986 s 3(a)
deleted by 2/2007 s 4
s 17A(3)
offensive
inserted by 46/1985 s 12(c)
primary production premises
inserted by 10/2020 s 6(2)
premises
substituted by 104/1986 s 3(b)
s 17A(4)
inserted by 104/1986 s 3(c)
s 17AB
inserted by 2/2007 s 5
s 17AB(12)
private party
amended by 49/2017 Sch 1 cl 9
s 17AC
inserted by 2/2007 s 5
s 17B
inserted by 53/1984 s 3
deleted by 46/1985 s 13
inserted by 104/1986 s 4
s 17B(1)
amended by 10/2020 s 7(1), (2)
s 17B(3)
inserted by 10/2020 s 7(3)
s 17C
inserted by 104/1986 s 4
s 17C(1)
amended by 10/2020 s 8
s 17D
inserted by 35/1992 s 20
s 17D(1) and (2)
s 18
amended by 46/1985 s 14
substituted by 35/1992 s 20
s 18(1)
s 18(2)
s 18(3)—(5)
s 18(6)
amended by 46/2015 Sch 1 cl 20
s 18(7)
s 18(8)
s 18A
deleted by 79/1988 s 3
1.7.1989
inserted by 35/1992 s 20
s 18A(1)
s 18A(2) and (3)
s 19
deleted by 46/1985 s 15
s 20
s 20(1)
s 21
s 21(1)
s 21AA
inserted by 40/2025 s 3
16.2.2026
Pt 3A
inserted by 20/2012 s 5
15.12.2012 except s 21D—3.2.2013
s 21A
s 21A(1)
direct sales transaction
inserted by 10/2025 s 3(1)
education facility
inserted by 10/2025 s 3(2)
offensive weapon
amended by 10/2025 s 3(3)
school
deleted by 10/2025 s 3(4)
s 21C
s 21C(7)
amended by 10/2025 s 4
s 21D
s 21D(1)
amended by 10/2025 s 5(1)
s 21D(2)
amended by 10/2025 s 5(2)
s 21DA
inserted by 10/2025 s 6
ss 21DB and 21DC
inserted by 10/2025 s 6
uncommenced
s 21E
heading amended by 10/2025 s 7(1)
amended by 10/2025 s 7(2)
s 21F
s 21F(3)
amended by 25/2014 s 13(1), (2)
s 21F(4a) and (4b)
inserted by 25/2014 s 13(3)
s 21G
s 21G(4)
enrolled nurse
amended by 229/2018 Sch 1 cl 6(1)
registered nurse
amended by 229/2018 Sch 1 cl 6(2)
s 21I
s 21I(10)
substituted by 27/2017 s 7
s 21L
s 21L(2)
amended by 10/2025 s 8
Pt 3B
inserted by 40/2018 s 4
s 21OC
s 21OC(1a)
inserted by 34/2020 s 14
s 21OD
s 21OD(3)
amended by 21/2019 s 23
Pt 4 before substitution by 37/2011
Pt 4 heading
heading preceding s 21A inserted by 52/1980 s 3
heading preceding s 21A deleted and Pt 4 heading inserted by 46/2003 Sch 1
s 21A—see s 21P
s 21P
s 21A inserted by 52/1980 s 3
s 21A redesignated as s 21P by 20/2012 s 6
s 21P(1)
s 21P(2)
Pt 4
substituted by 37/2011 s 4
Pt 5
Pt 5 heading
heading preceding s 22 deleted and Pt 5 heading inserted by 46/2003 Sch 1
s 22
s 22(1)
s 23
s 23(1) and (2)
s 23AA
inserted by 42/2008 s 4
8.2.2009
deleted by 5/2013 s 4
s 23A
s 24
amended by 43/2012 s 35
s 25
s 25A
inserted by 20/2000 Sch cl 2
s 26
s 26(1)
s 26(2)
Pt 5A
inserted by 5/2013 s 5
amended by 39/2016 s 4
s 26A
s 26A(1)
s 26A redesignated as s 26A(1) by 39/2016 s 5(7)
cognitive impairment
inserted by 39/2016 s 5(1)
film
amended by 39/2016 s 5(2)
image
inserted by 39/2016 s 5(3)
invasive image
substituted by 39/2016 s 5(4)
private act
amended by 39/2016 s 5(5)
private region
amended by 39/2016 s 5(6)
s 26A(2) and (3)
inserted by 39/2016 s 5(7)
s 26B
s 26B(2)
amended by 39/2016 s 6
s 26C
s 26C(1)
amended by 39/2016 s 7
s 26D
s 26D(1)
amended by 39/2016 s 8(1)
s 26D(3)
amended by 39/2016 s 8(2), (3)
s 26D(4)
amended by 39/2016 s 8(4)
s 26DA
inserted by 39/2016 s 9
s 26E
s 26E(1)
amended by 39/2016 s 10(1)
s 26E(3)
amended by 39/2016 s 10(2)
Pt 5B
inserted by 19/2025 s 3
Pt 6
Pt 6 heading
heading preceding s 27 deleted and Pt 6 heading inserted by 46/2003 Sch 1
s 27
s 28
s 28(1)
s 28(2)
s 29
s 30
s 30(1) and (2)
s 31
s 31(1)
s 31(2)
s 31(3) and (4)
s 32
Pt 6A
inserted by 24/2024 s 3
Pt 7
Pt 7 heading
heading preceding s 33 substituted by 73/1995 s 2
heading preceding s 33 deleted and Pt 7 heading inserted by 46/2003 Sch 1
s 33
amended by 46/1976 s 2
amended by 38/1978 s 2
amended by 94/1978 s 2
substituted by 114/1983 s 4(a)
s 33(1)
child
deleted by 52/2004 s 9(1)
child pornography
amended by 73/1995 s 3(a)
deleted by 52/2004 s 9(1)
computer data
computer record or system
indecent material
amended by 73/1995 s 3(b)
material
amended by 32/1992 s 2(b)
amended by 28/2016 s 29
offensive material
amended by 73/1995 s 3(c)
s 33(2)
amended by 32/1992 s 2(c)
amended by 52/2004 s 9(2)
s 33(3)
substituted by 32/1992 s 2(d)
deleted by 52/2004 s 9(3)
s 33(4)
amended by 32/1992 s 2(e)
substituted by 73/1995 s 3(d)
s 33(5)
amended by 32/1992 s 2(f), (g)
s 33(6)
s 33(7)
substituted by 35/2019 s 21
3.2.2020
s 33(8)
s 33(9)
amended by 17/2006 s 225
s 33(10)
amended by 50/1984 s 3(1) (Sch 7)
s 33A
deleted by 46/2003 Sch 1
s 34
deleted by 46/1985 s 16
s 35 before deletion by 55/2025
s 35(1)
s 35(2)
legal proceedings
amended by 33/2003 Sch cl 18
1.7.2005
s 35(3) and (4)
s 35(5)
inserted by 46/1985 s 17
s 35(6) and (7)
inserted by 46/1985 s 17
s 35
deleted by 55/2025 s 8
s 36
deleted by 46/1985 s 18
Pt 7A
inserted by 61/2017 s 5
Pt 8
Pt 8 heading
heading preceding s 37 deleted and Pt 8 heading inserted by 46/2003 Sch 1
ss 37 and 38
s 38A
s 38A(1)
amended by 46/2011 Sch 3 cl 24(1), (2)
1.1.2012
amended by 19/2019 Sch 1 cl 14
1.7.2020
s 38A(2)
s 39
s 39(1)
s 39(3)
s 40
deleted by 46/1985 s 19
inserted by 35/1992 s 21
s 41
s 41(1)
amended by 71/1976 s 2
s 41(2) and (3)
s 42
Pt 8A
inserted by 42/2025 s 5
uncommenced —not incorporated
Pt 9
Pt 9 heading
heading preceding s 43 deleted and Pt 9 heading inserted by 46/2003 Sch 1
s 43
substituted by 90/1986 s 10(2) (Sch Pt 2)
1.2.1987
s 43(1)
amended by 9/2025 s 20(1), (2)
s 44
deleted by 46/1985 s 20
inserted by 50/1989 s 3
5.10.1989
s 44(2)
substituted by 78/1998 Sch
s 44A
inserted by 2/2004 s 5
30.5.2004
s 45
s 45(1)
s 45(2)
s 46
s 46(1)
substituted by 90/1986 s 10(2) (Sch Pt 2)
1.2.1987
s 46(2)
s 47
s 47(1)
s 47(2)
s 47(3)
s 47(4)
take
s 47A
inserted by 30/2022 s 3
13.2.2023
s 48 before deletion by 21/2016
amended by 46/1985 ss 21, 36 (Sch)
substituted by 38/1992 s 3
4.6.1992
s 48(1)
substituted by 46/2001 s 14 (Sch cl 1(a))
s 48(2)
s 48(4)
deleted by 46/2001 s 14 (Sch cl 1(b))
s 48(5)
carry
graffiti implement
mark graffiti
s 48
deleted by 21/2016 Sch 2 cl 7
s 48A
inserted by 26/2002 s 19(2) (Sch 3 cl 8(b))
heading preceding s 49
s 49
deleted by 46/1985 s 22
amended by 55/1990 s 3
7.2.1991
ss 49A—49D
ss 49E—49G
Pt 10
Pt 10 heading
heading preceding s 50 deleted and Pt 10 heading inserted by 46/2003 Sch 1
s 50
s 51 before substitution by 33/2012
s 51(1)
s 51
substituted by 33/2012 s 31
15.10.2012
s 52
s 53
s 53(1)
amended by 46/1985 s 23
amended by 46/1985 s 36 (Sch)
s 53(2)
s 54 before deletion by 46/1985
deleted by 46/1985 s 24
s 54
inserted by 56/2004 s 6
7.2.2005
s 55
deleted by 46/1985 s 25
s 56
s 57
s 57(1)
s 57(2)
s 57(3)
s 57(4)
rubbish
s 58
s 58(1)
amended by 16/2023 s 2(1), (2)
s 58(1a)—(1d)
inserted by 16/2023 s 2(3)
s 58(2)
s 58(3)
inserted by 16/2023 s 2(4)
s 58A
s 58A(1)
s 58A(2)
s 58A(3)
s 58A(4)
s 58A(5)
s 58A(6)
s 58B
s 58B(1) and (2)
s 58B(3)
s 58B(4)
amended by 65/1995 Sch cl 1(a)
Pt 11
Pt 11 heading
heading preceding s 59 deleted and Pt 11 heading inserted by 46/2003 Sch 1
s 59
s 59(1)—(3)
s 59(4)
s 59(5)
s 59(7)
s 59(8)
s 59(9)
Pt 11A
inserted by 30/2018 s 4
s 60
s 60(8)
substituted by 25/2025 Sch 2 cl 40
Pt 12
Pt 12 heading
heading preceding s 61 deleted and Pt 12 heading inserted by 46/2003 Sch 1
s 61
s 61(1)
s 61(2)
Pt 13
Pt 13 heading
heading preceding s 62 deleted and Pt 13 heading inserted by 46/2003 Sch 1
s 62
s 62(1)
substituted by 46/1985 s 26
s 62(1a)
inserted by 50/1984 s 3(1) (Sch 4)
deleted by 46/1985 s 26
s 62(2)
s 62(3)
s 62A
s 62A(1)
amended by 59/1994 Sch 2
s 62A(2)
s 62A(3)
s 62A(4)
inserted by 46/2003 Sch 1
s 63
deleted by 46/1985 s 27
Heading preceding s 64
inserted by 39/1981 s 3
1.1.1982
deleted by 34/1996 s 4 (Sch cl 34)
s 64
deleted by 38/1979 s 3
1.7.1979
inserted by 39/1981 s 3
1.1.1982
amended by 31/1986 s 3
1.7.1986
amended by 75/1988 s 3
amended by 55/1990 s 4
7.2.1991
amended by 65/1995 Sch cl 1(b)
deleted by 34/1996 s 4 (Sch cl 34)
Pt 14
Pt 14 heading
heading preceding s 65 deleted and Pt 14 heading inserted by 46/2003 Sch 1
s 65
amended by 34/1996 s 4 (Sch cl 34)
Heading preceding s 66
deleted by 46/2003 Sch 1
s 66
deleted by 35/1992 s 22
Pt 14A before deletion by 29/2007
inserted by 56/2004 s 7
2.5.2005
s 66
s 66(1)
amended by 23/2005 Sch 1 cl 1
Pt 14A
deleted by 29/2007 Sch 1 cl 2
16.12.2007
Pt 14A
inserted by 12/2012 s 48
s 66
s 66(1)
amended by 46/2015 Sch 1 cl 21
s 66A
s 66A(1)
amended by 19/2015 s 11(1)
s 66A(3)
deleted by 19/2015 s 11(2)
Pt 14B
inserted by 3/2017 s 5
s 66V
substituted by 64/2017 s 129
amended by 25/2025 Sch 2 cl 41
Pt 14C
inserted by 10/2025 s 9
Pt 15
Pt 15 heading
heading preceding s 67 substituted by 65/1995 s 4
heading preceding s 67 deleted and Pt 15 heading inserted by 46/2003 Sch 1
s 67
s 67(1)
s 67(2)
amended by 11/2013 s 26
s 67(3)
s 67(4)
amended by 59/1994 Sch 2
s 67(5)
deleted by 59/1994 Sch 2
s 68
s 68(1)
amended by 46/1985 s 28(a)
s 68(2)
amended by 46/1985 s 28(b)
s 68A
inserted by 13/2006 s 67
s 69
s 70
s 71
s 72
s 72A before deletion by 10/2025
inserted by 20/2012 s 7
s 72A(5)
amended by 25/2019 s 92
s 72A(8)
licensed premises
amended by 49/2017 Sch 1 cl 10
s 72A
deleted by 10/2025 s 10
ss 72B and 72C
inserted by 20/2012 s 7
deleted by 10/2025 s 10
ss 72D—72F
inserted by 62/2017 s 7
1.5.2018
s 73
amended by 46/1985 ss 29, 36 (Sch)
substituted by 68/1987 s 2
s 73(1)
amended by 106/1995 s 4
s 73(2)
amended by 106/1995 s 4
s 74
s 74(1)
s 74(2)
s 74A
s 75A inserted by 46/1985 s 31
s 75A redesignated as s 74A by 105/1986 s 3
s 74A(1)
amended by 13/2006 s 68(1)
s 74A(2)
amended by 13/2006 s 68(2)
s 74A(3)
amended by 13/2006 s 68(3), (4)
s 74A(4)
substituted by 13/2006 s 68(5)
s 74A(5)
inserted by 13/2006 s 68(5)
personal details
amended by 41/2013 Sch 1 cl 3
22.12.2013
s 74AB
inserted by 13/2006 s 69
s 74B
inserted by 38/1990 s 4
s 74B(1) before deletion by 56/2003
major offence
substituted by 53/1992 s 2
s 74B(1)
deleted by 56/2003 s 5(1)
s 74B(2)
amended by 56/2003 s 5(2)
s 74B(5) and (6)
s 74B(7)
s 74BAA
inserted by 56/2003 s 6
s 74BAAB
inserted by 33/2008 Sch 1 cl 1
23.10.2008
s 74BAAB(1)
substituted by 20/2012 s 8
Pt 16
inserted by 46/2003 s 8
s 74BA
criminal intelligence
inserted by 19/2012 s 12
declared organisation
inserted by 13/2012 Sch 1 cl 3(1)
member
inserted by 13/2012 Sch 1 cl 3(2)
s 74BB
s 74BB(1)
amended by 13/2008 Sch 1 cl 7
s 74BB(3)
amended by 17/2006 s 226
s 74BB(5)—(8)
deleted by 19/2012 s 13
s 74BC
s 74BC(2)
amended by 19/2012 s 14(1)
s 74BC(3)
amended by 19/2012 s 14(2)
s 74BC(4)
substituted by 19/2012 s 14(3)
s 74BGA
inserted by 19/2012 s 15
Pt 16A
inserted by 13/2019 s 11
24.10.2019
s 74BN
s 74BN(1)
child exploitation offence
substituted by 26/2019 Sch 1 cl 1
3.1.2020
inserted by 60/2025 Sch 1 cl 1
s 74BR
s 74BR(3)
amended by 60/2025 Sch 1 cl 2
s 74BS
s 74BS(1)
amended by 60/2025 Sch 1 cl 3
s 74BT
s 74BT(1)
amended by 60/2025 Sch 1 cl 4
s 74BW
s 74BW(3)
amended by 60/2025 Sch 1 cl 5(1), (2)
s 74BW(3a)
inserted by 60/2025 Sch 1 cl 5(3)
s 74BY
s 74BY(1)
amended by 60/2025 Sch 1 cl 6(1), (2)
Pt 17
Pt 17 heading
heading preceding s 74C inserted by 65/1995 s 5
heading preceding s 74C deleted and Pt 17 heading inserted by 46/2003 Sch 1
Pt 17 Div 1
inserted by 16/2015 s 22
s 74C
interview
amended by 52/2012 Sch 3 cl 73(1)
amended by 38/2021 Sch 1 cl 55(1)
investigating officer
amended by 52/2012 Sch 3 cl 73(2)
amended by 38/2021 Sch 1 cl 55(2)
Pt 17 Div 2
inserted by 16/2015 s 23
s 74D
s 74D(1)
amended by 16/2015 s 24(1)—(5)
s 74D(3)
amended by 16/2015 s 24(6), (7)
s 74D(4)
substituted by 16/2015 s 24(8)
s 74D(5)
amended by 16/2015 s 24(9)
s 74D(6)
amended by 16/2015 s 24(10)
s 74E
s 74E(1)
amended by 16/2015 s 25
Pt 17 Div 3
inserted by 16/2015 s 26
s 74EA
s 74EA(1a)
inserted by 57/2021 s 22(1)
s 74EA(2)
child sexual offence
inserted by 57/2021 s 22(2)
serious offence against the person
amended by 28/2016 s 30(1)—(4)
amended by 1/2025 Sch 1 cl 5
s 74EC
s 74EC(1)
amended by 37/2017 s 3(1), (2)
s 74EC(1a) and (1b)
inserted by 37/2017 s 3(3)
s 74EC(2)
amended by 37/2017 s 3(1), (4)
Pt 17 Div 4
inserted by 16/2015 s 27
s 74F
amended by 16/2015 s 28(1)—(3)
s 74G
s 74H
inserted by 16/2015 s 29
Pt 18
Pt 18 heading
heading preceding s 75 inserted by 65/1995 s 6
heading preceding s 75 deleted and Pt 18 heading inserted by 46/2003 Sch 1
s 75
s 75(1) redesignated as s 75 in pursuance of the Acts Republication Act 1967
s 75(2) and (3)
deleted by 46/1985 s 30
s 75A—see s 74A
s 76
substituted by 31/1986 s 4
1.7.1986
s 76(1)
amended by 60/2013 s 14
s 77
substituted by 102/1987 s 4
s 77(1)
s 77(2)
amended by 60/2013 s 15
s 78
amended by 46/1976 s 3
amended by 69/1983 s 4
14.11.1983
substituted by 6/1985 s 7(a)
7.7.1985
substituted by 46/1985 s 32
s 78(1) and (2)
substituted by 60/2013 s 16(1)
s 78(2a)
inserted by 60/2013 s 16(1)
s 78(3)
amended by 60/2013 s 16(2)
s 78(3a)—(3c)
inserted by 60/2013 s 16(3)
s 78(4)
amended by 60/2013 s 16(4)
s 78(5)
amended by 60/2013 s 16(5)
s 78(6)
the prescribed period
amended by 106/1986 s 3
s 78(6)
substituted by 60/2013 s 16(6)
s 78(7)—(10)
inserted by 60/2013 s 16(6)
s 78A
inserted by 38/1978 s 3
s 78A(2)
s 78A(3)
amended by 46/1985 s 33
s 78A(4) and (5)
s 79
s 79(1)
s 79(2)
amended by 60/2013 s 17(1)
s 79(3)
inserted by 60/2013 s 17(2)
s 79A
inserted by 46/1985 s 34
s 79A(1)
amended by 106/1986 s 4(a)
s 79A(1a)
inserted by 106/1986 s 4(b)
amended by 28/2016 s 31
1.12.2016
s 79A(1b)
inserted by 106/1986 s 4(b)
s 79A(2)
s 79A(3)
s 79B
inserted by 46/1985 s 34
s 79B(1)
s 79B(2) and (3)
s 79B(4)
s 79B(5)
s 79B(6)
s 79B(8)
s 80
deleted by 6/1985 s 7(b)
7.7.1985
inserted by 27/1995 s 21
10.7.1995
s 81
s 81(1)
amended by 46/1985 s 35(a)
amended by 8/1998 Sch 2 (cl 2(a))
s 81(2)
substituted by 8/1998 Sch 2 (cl 2(b))
substituted by 46/2003 Sch 1
s 81(3)
substituted by 8/1998 Sch 2 (cl 2(b))
amended by 28/2016 s 32(1)—(7)
amended by 35/2016 s 38
8.9.2016
s 81(3a)
amended by 28/2016 s 32(8)
s 81(3b)
amended by 28/2016 s 32(9)—(11)
s 81(3c)
amended by 28/2016 s 32(12)
s 81(3d)
amended by 28/2016 s 32(13)
s 81(3e)
amended by 28/2016 s 32(14)
s 81(3f)
amended by 28/2016 s 32(15)
s 81(3g)
amended by 28/2016 s 32(16)
s 81(4)
substituted by 46/1985 s 35(b)
(b) deleted by 8/1998 Sch (cl 2(c))
s 81(4a) and (4b)
s 81(4c)
s 81(4d)
s 81(4e)
amended by 8/1998 Sch 2 (cl 2(d))
s 81(4f)
amended by 8/1998 Sch 2 (cl 2(e))
deleted by 5/2007 Sch 1 cl 4
14.5.2007
s 81(4g)
inserted by 54/2000 s 3(b)
s 81(5)
s 81(5a)
inserted by 54/2000 s 3(c)
s 81(6)
inserted by 54/2000 s 3(c)
medical practitioner
substituted by 5/2010 Sch 1 cl 27
registered nurse
substituted by 5/2010 Sch 1 cl 27
amended by 229/2018 Sch 1 cl 7
s 82
s 82A
inserted by 47/2021 s 6
s 83
deleted by 35/1992 s 23
Pt 19
Pt 19 heading
heading preceding s 83A inserted by 105/1986 s 4
heading preceding s 83A deleted and Pt 19 heading inserted by 46/2003 Sch 1
s 83A
inserted by 105/1986 s 4
s 83A(2) and (3)
s 83A(4)
investigating officer
Pt 20
Pt 20 heading
heading preceding s 83B deleted and Pt 20 heading inserted by 46/2003 Sch 1
s 83B
inserted by 38/1990 s 5
s 83B(3)
s 83B(5)
s 83B(6)
s 83B(11) before substitution by 29/2009
amended by 73/1994 Sch 2
2.2.1995
amended by 30/2004 Sch 1 cl 5
25.11.2004
(b) deleted by 40/2005 Sch 6 cl 12
1.10.2005
s 83B(11)
substituted by 29/2009 s 28
25.6.2008
amended by 21/2011 Sch 1 cl 10
16.9.2012
s 83BA
inserted by 106/1995 s 5
s 83BA(1)
s 83BA(5)
s 83BA(7)—(9)
s 83C
inserted by 38/1990 s 5
s 83C(1)
s 83C(1a)
inserted by 78/2025 s 3(1)
s 83C(2)
amended by 78/2025 s 3(2)
s 83C(2a)
inserted by 78/2025 s 3(3)
s 83C(3)
s 83C(4)
amended by 78/2025 s 3(4), (5)
s 83C(4a) and (4b)
inserted by 78/2025 s 3(6)
s 83C(5)
amended by 78/2025 s 3(7)
s 83C(8) and (9)
inserted by 78/2025 s 3(8)
s 83D
inserted by 78/2025 s 4
s 84
amended by 114/1983 s 4(b)
deleted by 78/1998 Sch
s 85(1)
s 85 amended by 50/1984 s 3(1) (Sch 4)
s 85 amended by 23/1990 s 3(1) (Sch 7)
s 85 substituted by 65/1995 s 7
s 85 redesignated as s 85(1) by 78/1998 s 4
s 85(2)
inserted by 78/1998 s 4
amended by 33/2002 s 18
3.3.2003
amended by 20/2012 s 9(1)
(b) deleted by 20/2012 s 9(1)
s 85(3)
inserted by 20/2012 s 9(2)
Sch 1
Sch amended by 23/1990 s 3(1) (Sch 7)
Sch amended by 59/1994 Sch 2
Sch amended by 42/1999 s 54
1.1.2000
substituted by 11/2013 s 27
Sch 2
inserted by 20/2012 s 10
cl 19
cl 19(1)
amended by 46/2015 Sch 1 cl 22(1), (2)
cl 19(2)
amended by 46/2015 Sch 1 cl 22(3), (4)
cl 24
inserted by 66/2020 r 4
cl 25
inserted by 10/2025 s 11
Transitional etc provisions associated with Act or amendments
Statutes Amendment and Repeal (Common Expiation Scheme) Act 1996
5—Transitional provision
An 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.
Criminal Law (Clamping, Impounding and Forfeiture of Vehicles) Act 2007, Sch 1
3—Transitional provision
Part 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.
Summary Offences (Weapons) Amendment Act 2012, Sch 1 Pt 4—Transitional provision
4—Declarations by Minister continue
A 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).
Summary Offences (Interviewing Vulnerable Witnesses) Amendment Act 2017, Sch 1
1—Transitional provision
(1) An 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.
(2) Subclause (1) applies to a witness who is—
(a) a child of or under the age of 14 years; or
(b) a 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.
(3) In this clause—
interview and investigating officer have the same meanings as in section 74C of the Summary Offences Act 1953;
serious offence against the person has the same meaning as in section 74EA of the Summary Offences Act 1953;
SAVW Act means the Statutes Amendment (Vulnerable Witnesses) Act 2015.
2—Prescribed interviewer
(1) An 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.
(2) In this clause—
designated 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);
transitional period means the period commencing on 1 July 2016 and concluding on 21 August 2017.
The Statutes Amendment (Vulnerable Witnesses) Act 2015 came into operation on 1 July 2016.
Statutes Amendment (Explosives) Act 2017, Pt 3
8—Review
(1) The Attorney‑General must undertake a review of the operation and effectiveness of the amendments effected by this Part.
(2) The review required under this section must commence not later than 3 years after the commencement of this Part.
(3) The 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.
Independent Commissioner Against Corruption (CPIPC Recommendations) Amendment Act 2021, Sch 1 Pt 21
76—Savings and transitional regulations
Regulations 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.
Historical versions
Reprint—24.9.1990
Reprint No 1—7.2.1991
Reprint No 2—6.7.1992
Reprint No 3—29.10.1992
Reprint No 4—1.1.1995
Reprint No 5—2.2.1995
Reprint No 6—3.4.1995
Reprint No 7—10.7.1995
Reprint No 8—2.11.1995
Reprint No 9—21.12.1995
Reprint No 10—3.3.1996
Reprint No 11—3.2.1997
Reprint No 12—27.4.1997
Reprint No 13—14.9.1997
Reprint No 14—1.3.1998
Reprint No 15—25.7.1999
Reprint No 16—1.1.2000
Reprint No 17—8.6.2000
Reprint No 18—17.12.2000
Reprint No 19—1.2.2002
Reprint No 20—22.2.2000
Reprint No 21—11.7.2002
Reprint No 22—3.3.2003
Reprint No 23—5.7.2003
Reprint No 24—1.2.2004
3.5.2004
30.5.2004
25.11.2004
7.2.2005
2.5.2005
1.7.2005
1.10.2005
15.5.2006
14.5.2007
16.12.2007
23.10.2008
8.2.2009
25.6.2009
1.1.2012
31.8.2012
16.9.2012
15.10.2012
3.2.2013
22.12.2013
8.9.2016
1.12.2016
30.4.2018 (electronic only)
1.5.2018
24.10.2019
3.1.2020
3.2.2020
1.7.2020 (electronic only)
13.2.2023
16.2.2026 (electronic only)