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Summary Offences Act 1966
49FContravening certain conduct conditions of bail undertakings
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49F Contravening certain conduct conditions of bail undertakings
S. 49F(1) amended by No. 34/2025 s. 22(1).
(1) Subject to subsections (2) and (3), a person on bail must not, without reasonable excuse, contravene a conduct condition to which the grant of bail is subject.
Penalty: 30 penalty units or 3 months imprisonment.
S. 49F(2) amended by No. 34/2025 s. 22(2).
(2) The reference in subsection (1) to a conduct condition does not refer to a conduct condition that requires the person to attend and participate in bail support services.
(3) Subsection (1) does not apply to a child.
(4) In this section—
***bail support service*** has the same meaning as in the **Bail Act 1977**;
S. 49F(4) def. of *child* amended by No. 32/2024 s. 845A.
***child*** has the same meaning as in the **Youth Justice Act 2024**;
***conduct condition*** has the same meaning as in the **Bail Act 1977**.
Part II—Provisions applicable to special localities
*Matches*
No. 6337 s. 223.
50 Prohibition of use of certain kinds of matches in specified localities in certain months
(1) The Governor in Council by Order published in the Government Gazette may prohibit in any locality specified in the Order during all or any of the months from November to April (both inclusive) the sale offering for sale distribution or use of any matches other than those so made as to strike only on a preparation affixed to the containing box or to a box containing the same description of matches.
(2) The Governor in Council may in like manner rescind revoke amend or vary any Order under this section.
S. 50(3) amended by No. 9554 s. 2(2)(Sch. 2 item 337).
(3) Any person who sells offers for sale distributes or uses any matches in contravention of an Order under this section shall be guilty of an offence.
S. 50(4) amended by Nos 6/1987 s. 5(1)(Sch. item 7), 92/1990 s. 128(Sch. 1 item 28), 63/2006 s. 61(Sch. item 29).
(4) Nothing in this section shall apply to matches used or for use in any mine within the meaning of the **Mineral Resources (Sustainable Development) Act 1990**.
Heading preceding s. 50A
inserted by No. 8065 s. 2.
*Trespass for certain Purposes*
S. 50A inserted by No. 8065 s. 2.
50A Trespass—land used for primary production
(1) In this section unless inconsistent with the context or subject-matter ***primary production*** means farming agricultural horticultural viticultural pastoral or grazing operation and without affecting the generality of the foregoing provisions includes dairy farming poultry farming and bee farming operations.
(2) The provisions of this section shall apply only within such districts as are specified by proclamation made under this section.
S. 50A(3) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.9).
(3) Upon the application of the municipal council the Governor in Council may by proclamation published in the Government Gazette—
S. 50A(3)(a) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.10).
(a) declare the municipal district of the municipal council or any part thereof to be a district to which this section applies; and
(b) revoke or vary any such proclamation.
(4) The Governor in Council may by proclamation published in the Government Gazette—
S. 50A(4)(a) amended by No. 12/1989 s. 4(1)(Sch. 2 item 115.11).
(a) declare an area that is not part of a municipal district to be an area to which this section applies; and
(b) revoke or vary any such proclamation.
S. 50A(5) amended by No. 9554 s. 2(2)(Sch. 2 item 338).
(5) Any person who within any district specified by proclamation made under this section and during the fire danger period within the meaning of the **Country Fire Authority Act 1958** engages in or enters with the intention of ferreting on any land which is used in connexion with primary production without the consent, express or implied, of the occupier of that land or of some person apparently authorized to act on behalf of such occupier shall be guilty of an offence against this section and liable for a first offence to a penalty of not more than 1 penalty unit and for a second or subsequent offence to a penalty of not more than 5 penalty units.
S. 50A(6) amended by No. 68/2009 s. 97(Sch. item 115.13).
(6) It shall be a defence to a prosecution for an offence against subsection (5) if the accused satisfies the court that he did not actually engage in ferreting on that land but was approaching the residence of the occupier of the land along a defined or customary path for the purpose of applying for such consent.
(7) Upon any proceedings for an offence against this section the burden of proving the consent of the occupier of any land concerned or of any person apparently authorized to act on behalf of such occupier shall be upon the person charged.
(8) Nothing in this section shall in any way limit or abridge any other civil or criminal proceeding in relation to any such trespass.
Part III—Supplementary
Pt 3 Div. 1 (Heading) inserted by No. 52/2025 s. 8.
Division 1—Assaulting emergency workers, custodial workers, local authority staff and health practitioners
S. 51 (Heading) amended by No. 28/2016 s. 8(1), substituted by No. 43/2017 s. 49(1).
S. 51
repealed by No. 8247 s. 5, new s. 51 inserted by No. 51/2004 s. 23, substituted by No. 69/2014 s. 14.