60Offences of more serious nature not to be dealt with under this Act

60 Offences of more serious nature not to be dealt with under this Act

If the Magistrates' Court is of the opinion that an offence against this Act alleged before it does not properly come within the meaning and intention of this Act but that an offence of a more serious or heinous kind has been committed the court may refuse to entertain or to further entertain the charge and may proceed as if the more serious or more heinous offence had been charged in the charge-sheet before the court whether the person charged has or has not pleaded thereto.

Pt 3 Div. 6 (Heading) inserted by No. 52/2025 s. 11(4).

Division 6—Infringements

S. 60AA inserted by No. 33/2003 s. 4.

60AA Power to serve infringement notice

S. 60AA(1) amended by Nos 92/2009 s. 7(1), 37/2014 s. 10(Sch. item 160.18), 7/2022 s. 29(1), 6/2021 s. 9(1), 8/2025 s. 15(1).

(1) A police officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against section 6, 17A, or 49F.

Note to s. 60AA(1) substituted by No. 92/2009 s. 7(2), amended by Nos 7/2022 s. 29(2), 6/2021 s. 9(2), 8/2025 s. 15(2).

Section 6 deals with persons who are in a public place and are directed to move on.

Section 17A deals with disorderly behaviour by a person in a public place.

Section 49F deals with a person who is on bail contravening a conduct condition to which the grant of bail is subject.

S. 60AA(1A) inserted by No. 9/2008 s. 9(1), amended by No. 37/2014 s. 10(Sch. item 160.18).

(1A) A police officer may serve an infringement notice on any person that he or she has reason to believe has committed an offence against the following sections—

S. 60AA (1A)(a) amended by No. 21/2008 s. 28, repealed by No. 27/2011 s. 6(1).

(b) section 17(1)(c);

S. 60AA (1A)(c) amended by No. 7/2022 s. 29(3)(a).

(c) section 17(1)(d);

S. 60AA (1A)(d) inserted by No. 7/2022 s. 29(3)(b).

(d) section 38B(1), (2), (3) or (4).

S. 60AA(1AB) inserted by No. 43/2011 s. 54(1).

(1AB) A protective services officer may serve an infringement notice on any person who he or she has reason to believe has committed at or in the vicinity of a designated place an offence against—

S. 60AA (1AB)(a) amended by No. 6/2021 s. 9(3).

(a) section 6 or 17A; or

S. 60AA (1AB)(b) amended by No. 7/2022 s. 29(4).

(b) section 17(1)(c) or (1)(d) or section 38B(1), (2), (3) or (4)..

S. 60AA(1B) inserted by No. 9/2008 s. 9(1), amended by No. 43/2011 s. 54(2).