Div 2General

Division 2—General *Offences tending to Personal Injury, or Damage to Property, &c.* No. 6337 s. 17. S. 7 amended by No. 9554 s. 2(2)(Sch. 2 item 304). 7 Offences tending to personal injury or damage to property S. 7(a) amended by No. 81/1989 s. 3(Sch. item 51.1(a)). (a) places upon any road footpath canal or waterway an obstruction likely to cause death or injury to any person passing thereon; (b) leaves a hole excavation or dangerous formation in or near a public place unguarded or without having a warning light burning nearby between sunset and sunrise; (c) fails to keep in good repair any protective cover rail gate or fence over or about a cellar or lower area opening into or upon or near a public place or keeps any such cover rail gate or fence open for an unreasonable time in the circumstances; S. 7(d) amended by No. 81/1989 s. 3(Sch. item 51.1(b)). (d) throws any offensive matter or thing or any animal into a waterway, canal or other place whence a supply of water for human use is obtained; (e) draws or trails a sledge or timber or other heavy material upon a public footpath or road so as to damage the surface thereof; (f) in a public place rolls a drum, barrel or cask or breaks in a horse to the injury of or danger to any person or damage to any property; or (g) throws or discharges a stone arrow or other missile to the injury of or danger to any person or damage to any property— 1. 25 penalty units or imprisonment for six months or both. *Offences relating to Horse-drawn Vehicles, Public Vehicles, Animals, &c.* No. 6337 s. 18. S. 8 amended by No. 9554 s. 2(2)(Sch. 2 item 305). 8 Offences relating to horse-drawn vehicles, public vehicles, animals etc. (a) being the driver of a horse-drawn vehicle on a road goes away from the animal so as not to have control over it without securely fastening one of the wheels of the vehicle by a brake chain or strap so as to effectually prevent the wheel rotating; S. 8(b) amended by S.R. No. 137/1974 reg. 2(a). (b) drives a cart wagon or dray in or through a public place without the name and residence of the owner thereof being painted in a legible and permanent manner on the right or off side in letters of at least 25 millimetres in length; (c) drives a dog or goat harnessed or attached to a vehicle in or through a public place; (d) turns loose or allows to wander any cattle or other beast upon a public road or thoroughfare; (e) sets on urges or permits a dog or other animal to attack or worry any person horse or other animal or by ill-usage or negligence in driving cattle causes any mischief to be done by such cattle; (f) obstructs or prevents the driving of cattle along over or across a public road or thoroughfare; (g) slaughters or skins a beast on a public road or thoroughfare; (h) leaves a dead beast or its skin on a public road or thoroughfare; (i) being the driver guard or conductor of a public vehicle for the conveyance of passengers wilfully delays on the road or uses any abusive or insulting language to any passenger, or by reason of intoxication or other misconduct endangers the safety or property of any passenger or other person— *Destroying, Damaging or Injuring Property—Trespass* No. 6337 s. 20. 9 Wilful destruction, damage etc. of property S. 9(1) amended by No. 9554 s. 2(2)(Sch. 2 item 306). (1) Any person who— S. 9(1)(a) amended by No. 81/1989 s. 3(Sch. item 51.2). (a) destroys damages pollutes or obstructs any aqueduct dam sluice pipe pump waterway pond pool or fountain; (b) being an artificer workman journeyman or apprentice wilfully damages spoils or destroys any goods wares work or material committed to his care or charge; S. 9(1)(c) amended by No. 8/2008 s. 17. (c) wilfully injures or damages any property (whether private or public) the injury done being under the value of $5000; or S. 9(1)(d) amended by Nos 8085 s. 2(1)(a)(b), 44/1997 s. 53(2)(a)(b). (d) wilfully trespasses in any public place other than a Scheduled public place and neglects or refuses to leave that place after being warned to do so by the owner occupier or a person authorized by or on behalf of the owner or occupier; or S. 9(1)(e) inserted by No. 44/1997 (e) without express or implied authority given by the owner or occupier or given on behalf of the owner or occupier by a person authorised to give it or without any other lawful excuse, wilfully enters any private place or Scheduled public place, unless for a legitimate purpose; or S. 9(1)(f) inserted by No. 44/1997 (f) neglects or refuses to leave a private place or Scheduled public place after being warned to do so by the owner or occupier or a person authorised to give that warning on behalf of the owner or occupier, unless the person has a lawful excuse; or S. 9(1)(g) inserted by No. 44/1997 (g) without lawful excuse, enters any place (whether private or public) in a manner likely to cause a breach of the peace or reasonable apprehension of a breach of the peace— S. 9(1A) inserted by No. 8085 s. 2(2), amended by Nos 68/2009 s. 97(Sch. item 115.2), 6/2018 s. 68(Sch. 2 item 119.1). (1A) In any proceedings for an offence against subsection (1) the statement on oath or by affirmation of any person that he is or was at any stated time the owner or occupier of any place or a person authorized by or on behalf of the owner or occupier thereof shall be evidence until the contrary is proved by or on behalf of the accused that such person is or was the owner or occupier of that place or a person authorized by or on behalf of the owner or occupier thereof (as the case requires). S. 9(1B) inserted by No. 44/1997 (1B) A person may commit an offence against paragraph (d), (e), (f) or (g) of subsection (1) even though he or she did not intend to take possession of the place. S. 9(1C) inserted by No. 44/1997 (1C) Without limiting paragraph (e) of subsection (1), examples of circumstances in which a person does not have express or implied authority to enter a place are— (a) the person enters that place after having been previously warned not to enter by the owner or occupier or a person authorised to give such a warning on behalf of the owner or occupier; or (b) the person enters that place despite being then warned not to enter by the owner or occupier or a person authorised to give such a warning on behalf of the owner or occupier; or (c) the person enters that place in breach of a prominently displayed sign erected at that place by the owner or occupier or a person authorised to erect such a sign on behalf of the owner or occupier stating that— (i) the person concerned, or a class of persons of which the person concerned is a member, is prohibited from entering that place; or (ii) persons engaging in that place in the type of activity in which the person concerned is proposing to engage in that place are prohibited from entering that place— and the person has no other lawful excuse for entering that place. S. 9(1D) inserted by No. 44/1997 (1D) A warning may be given to a person under subsection (1)(f) or subsection (1C)(a) or (b)— (a) orally; or (b) by delivering written notice of it personally to the person; or (c) except in the case of a warning under subsection (1)(f), by sending written notice of it by certified mail addressed to the person at his or her usual or last known place of residence. S. 9(1E) inserted by No. 44/1997 (1E) A person may commit an offence against paragraph (g) of subsection (1) even though he or she had a right to enter that place in a manner other than that described in that paragraph. S. 9(2) amended by No. 49/1991 s. 119(7) (Sch. 4 item 19.1). (2) For the purposes of section 86 of the **Sentencing Act 1991** the cost of repairing or making good anything spoiled or damaged in contravention of this section shall be deemed to be loss or damage suffered in relation thereto. (3) Nothing contained in this section shall extend to any case where the person offending acted under a fair and reasonable supposition that he had a right to do the act complained of or to any trespass (not being wilful and malicious) committed in hunting or the pursuit of game. S. 9A inserted by No. 36/1988 s. 9, repealed by No. 10/2003 s. 15. *Bill Posting, &c.* 10 Posting bills etc. and defacing property S. 10(1) amended by No. 9554 s. 2(2)(Sch. 2 item 307). (1) Any person who posts any placard bill sticker or other document on or writes or paints on or otherwise defaces any road bridge or footpath or any house building hoarding wall fence gate tree tree-guard post pillar hydrant fire-alarm petrol pump or other structure whatsoever without the consent of the occupier or owner of the premises concerned or of any person or body having authority to give such consent shall be guilty of an offence. S. 10(2) substituted by No. 8075 s. 2. (2) Upon any proceedings for an offence against subsection (1)— S. 10(2)(a) amended by No. 68/2009 s. 97(Sch. item 115.3). (a) the burden of proving any consent aforesaid shall be upon the accused; and (b) in the case of any placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature any person who appears to the satisfaction of the court to have authorized the publication thereof or to be in any manner concerned in the promotion or management of any business or entertainment or any sport, game, exhibition, or other event of a commercial nature whatsoever referred to therein shall, unless he satisfies the court that he did not post such placard, bill, sticker, poster, or document or authorize the posting thereof and that otherwise he had no knowledge of such posting, be deemed to have posted such placard, bill, sticker, poster, or document (as the case may be). S. 10(3) inserted by No. 8075 s. 2. (3) Nothing in subsection (2) shall affect the liability under subsection (1) of any person who actually posts any such placard, bill, sticker, poster, or other document and the conviction of any other person in relation thereto shall not exonerate from any penalty under this section any person who actually so posts any such placard, bill, sticker, poster, or document. S. 10(4) inserted by No. 8075 s. 2, amended by No. 10/2004 s. 15(Sch. 1 item 30). (4) Any person who without the authority of the publisher of a placard, bill, sticker, poster, or other document containing an advertisement of a commercial nature or of some person concerned in the promotion or management of any business, entertainment, sport, game, exhibition, or other event referred to therein posts the placard, bill, sticker, poster, or document in contravention of the provisions of subsection (1) shall be liable upon conviction for an offence against that subsection to a penalty of not more than 5 penalty units or to imprisonment for a term of not more than six months. S. 10(5) inserted by No. 8075 s. 2, amended by No. 68/2009 s. 97(Sch. item 115.3). (5) Upon any proceedings for an offence against subsection (1) the burden of proving the authority referred to in subsection (4) shall be upon the accused. S. 10(6) inserted by No. 8075 s. 2, amended by No. 68/2009 s. 97(Sch. item 115.3). (6) The court before which any person is convicted for an offence against this section may, in addition to imposing any penalty, order the accused to pay to any person named in the order the cost of removing or obliterating any thing written posted or painted without such consent as aforesaid and making good any damage done thereby and every amount so ordered to be paid shall for the purpose of enforcing the payment thereof be regarded as part of the penalty and be recoverable accordingly. *Fire* No. 6337 s. 21. S. 11 amended by Nos 7854 s. 2, 7877 s. 2(2), S.R. No. 137/1974 reg. 2(b)(c), Nos 9019 s. 2(1)(Sch. item 213), 9554 s. 2(2)(Sch. 2 item 308), substituted by No. 50/1989 s. 51. 11 Lighting of fires in the open air (1) Except as provided in subsection (2), a person must not— (a) light or use a fire in the open air or carry when lighted any flammable material resulting in the destruction, damaging or endangering of the life or property of others; or (b) leave a fire in the open air which that person has lighted or of which that person is in charge without leaving another person in charge of that fire. 1. 25 penalty units or imprisonment for 12 months or both. (2) Subsection (1) does not apply to the owner or occupier of any land or a person acting under the direction of an owner or occupier of any land who burns any grass, stubble, weeds, scrub, undergrowth or any vegetation, wood or other flammable material in an area of land if— (a) a fire-break of not less than 3 metres and cleared of all flammable material has been prepared around the perimeter of the area of land; and (b) at least two hours before burning is commenced, notice of intention to burn has been given to each owner or occupier of land contiguous to the area of land. (3) This section does not apply in the country area of Victoria within the meaning of the **Country Fire Authority Act 1958** during a fire danger period within the meaning of that Act. (4) This section does not affect the right of any person to sue for and recover at common law or otherwise compensation for or in respect of any damage caused by reckless or negligent use of fire. Heading following s. 11 repealed by No. 70/2013 s. 3(Sch. 1 item 54). S. 12 amended by Nos 9554 s. 2(2)(Sch. 2 item 309), 9928 s. 12, repealed by No. 5/2012 s. 117. Heading preceding s. 13 repealed by No. 6/2021 s. 4. No. 6337 s. 23. S. 13 amended by Nos 9554 s. 2(2)(Sch. 2 item 310), 92/2009 s. 4, 18/2010 s. 50, 43/2011 s. 49, repealed by No. 6/2021 s. 5. No. 6337 s. 24. S. 14 amended by Nos 9554 s. 2(2)(Sch. 2 item 311), 92/2009 s. 5, 18/2010 s. 51, 12/2011 s. 9, 43/2011 s. 49, repealed by No. 6/2021 s. 6. S. 15 repealed by No. 8/1998 s. 4, new s. 15 inserted by No. 43/2011 s. 50, amended by No. 37/2014 s. 10(Sch. item 160.8), repealed by No. 6/2021 s. 7. No. 6337 s. 25. S. 16 amended by Nos 9554 s. 2(2)(Sch. 2 item 312), 127/1986 s. 102(Sch. 4 item 27.1), repealed by No. 6/2021 s. 8. *Obscene, Threatening, Insulting, Abusive, &c. Words and Behaviour* No. 6337 s. 26. 17 Obscene, indecent, threatening language and behaviour etc. in public S. 17(1) amended by Nos 9509 s. 11(1), 9554 s. 2(2)(Sch. 2 item 313) (as amended by No. 9902 s. 2(1)(Sch. item 194(a)(b)), 9945 s. 3(1) (Sch. 1 item 100). (1) Any person who in or near a public place or within the view or hearing of any person being or passing therein or thereon— (a) sings an obscene song or ballad; S. 17(1)(b) amended by No. 8267 s. 6. (b) writes or draws exhibits or displays an indecent or obscene word figure or representation; (c) uses profane indecent or obscene language or threatening abusive or insulting words; or (d) behaves in a riotous indecent offensive or insulting manner— 1. 10 penalty units or imprisonment for two months; For a second offence—15 penalty units or imprisonment for three months; For a third or subsequent offence—25 penalty units or imprisonment for six months. S. 17(1A) inserted by No. 47/2016 s. 24. (1A) For the purposes of subsection (1)(d), behaviour that is indecent offensive or insulting includes behaviour that involves a person exposing (to any extent) the person's anal or genital region. Mooning or streaking. S. 17(2) amended by No. 37/2014 s. 10(Sch. item 160.8). (2) Where in the opinion of the chairman presiding at a public meeting any person in or near the hall room or building in which the meeting is being held— (a) behaves in a riotous indecent offensive threatening or insulting manner; or (b) uses threatening abusive obscene indecent or insulting words— the chairman may verbally direct any police officer who is present to remove such person from the hall room or building or the neighbourhood thereof and the police officer shall remove such person accordingly. S. 17(3) inserted by No. 9519 s. 2. (3) Where at a general meeting of a corporation a person wilfully fails to obey a ruling or direction given in good faith by the chairman presiding at the meeting for the preservation of order at the meeting, such person shall be liable to be removed from the meeting if the meeting so resolves or where because the meeting has been so disrupted that it is not practicable to put such a resolution to the meeting the Chairman so directs. S. 17(4) inserted by No. 9519 s. 2, amended by No. 37/2014 s. 10(Sch. item 160.8). (4) Where a person is liable to be removed from a meeting under subsection (3) the Chairman may verbally direct any police officer who is present to remove such person from the hall, room or building in which the meeting is being held or the neighbourhood thereof and the police officer shall remove such person accordingly. S. 17AA inserted by No. 52/2025 s. 7. 17AA Threatening, indecent, offensive or insulting conduct towards an applicable customer-facing worker (1) A person must not, without lawful excuse— (a) use language that is profane, indecent, obscene, threatening, abusive or insulting; or (b) otherwise engage in conduct that is threatening, indecent, offensive or insulting— towards an applicable customer-facing worker in connection with the performance of the worker's duties, knowing or being reckless as to whether the person is an applicable customer-facing worker. Penalty: 25 penalty units or imprisonment for 6 months. (2) Without limiting subsection (1), language or other conduct is connected with the performance of a worker's duties if the language is used, or the conduct is engaged in— (a) when the worker is— (i) performing their duties; or (ii) taking a break from performing their duties; or (iii) arriving at, or leaving, a place at which they perform their duties; or (b) in response to— (i) a thing done or omitted to be done by the worker when performing their duties; or (ii) a thing that the person who engages in the conduct believes the worker has done or omitted to do when performing their duties. S. 17A inserted by No. 92/2009 s. 6, amended by No. 18/2010 s. 52. 17A Disorderly conduct Any person who behaves in a disorderly manner in a public place is guilty of an offence and liable to a penalty not exceeding 10 penalty units. Heading preceding s. 18 substituted by No. 9509 s. 11(2), repealed by No. 71/1993 s. 4(b). S. 18 amended by No. 9214 s. 2, substituted by No. 9509 s. 11(2), amended by No. 9945 s. 3(1)(Sch. 1 item 101), repealed by No. 124/1986 s. 76(a), new s. 18 inserted by No. 33/2003 s. 3, amended by Nos 32/2006 s. 94(Sch. item 46(1)), 63/2010 s. 81(Sch. item 13), 77/2013 s. 52, 37/2014 s. 10(Sch. item 160.9), repealed by No. 7/2022 s. 27. S. 18A inserted by No. 7635 s. 3, amended by No. 9214 s. 3, substituted by No. 9509 s. 11(2), amended by No. 9945 s. 3(1)(Sch. 1 item 102), repealed by No. 124/1986 s. 76(a). S. 18AA inserted by No. 10094 s. 12, repealed by No. 124/1986 s. 76(a). S. 18B inserted by No. 9509 s. 11(2), repealed by No. 124/1986 s. 76(a). S. 18C inserted by No. 9509 s. 11(2), amended by No. 9945 s. 3(1)(Sch. 1 item 103), repealed by No. 8/1991 s. 20(1). Heading preceding s. 19 repealed by No. 71/1993 s. 4(b). S. 19 amended by Nos 7876 s. 2(3), 8179 s. 4, 9008 s. 2(1)(Sch. item 4(a)), repealed by No. 57/1989 s. 3(Sch. item 190.2), new s. 19 inserted by No. 56/2005 s. 4, substituted by No. 47/2016 s. 25. 19 Sexual exposure (1) A person (A) commits an offence if— (a) A exposes (to any extent) A's genitals; and (b) A intends to expose (to any extent) A's genitals; and (c) the exposure is sexual; and (d) the exposure is in, or is within the view of, a public place. (2) A person who commits an offence against subsection (1) is liable to level 7 imprisonment (2 years maximum). (3) It is not a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not sexual. (4) It is a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not in, or within the view of, a public place. (5) For the purposes of subsection (1), A's exposure of A's genitals may be sexual due to— (a) the fact that A seeks or gets sexual arousal or sexual gratification from the exposure; or (b) any other aspect of the exposure, including the circumstances in which it takes place and whether it is contrary to community standards of acceptable conduct. (6) A's exposure of A's genitals is not sexual only because it is the genitals that are exposed. S. 19(7) inserted by No. 5/2018 s. 20. (7) In this section, a reference to genitals includes a reference to surgically altered or constructed genitals. *Conduct of Refreshment Houses* No. 6337 s. 32. 20 Improperly conducting refreshment house S. 20(1) amended by Nos 9554 s. 2(2)(Sch. 2 item 314), 124/1986 s. 76(b). (1) Any person who allows in any house building tent or other premises wherein liquors provisions or refreshments are sold or disposed of any drunkenness or other disorderly conduct or suffers any gaming whatsoever therein or suffers persons of notoriously bad character to frequent his premises shall be guilty of an offence. 1. For a first offence—5 penalty units; For a second or subsequent offence—imprisonment for three months. (2) Where a person convicted of an offence against this section is registered in respect of the premises concerned the registration shall be deemed to be cancelled and the premises to be unregistered and the court may, if it thinks fit, order that the premises be not again registered for any period not exceeding six months. Heading preceding s. 21 substituted by No. 55/2025 s. 83. *Interfering with religious assembly* No. 6337 s. 33. S. 21 amended by No. 9554 s. 2(2)(Sch. 2 item 315), substituted by No. 55/2025 s. 84.