sec.6Public nuisance

### sec.6 Public nuisance A person must not commit a public nuisance offence. Maximum penalty— if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or otherwise—10 penalty units or 6 months imprisonment. A person commits a public nuisance offence if— the person behaves in— a disorderly way; or an offensive way; or a threatening way; or a violent way; and the person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public. Without limiting subsection (2) — a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and a person behaves in a threatening way if the person uses threatening language. It is not necessary for a person to make a complaint about the behaviour of another person before a police officer may start a proceeding against the person for a public nuisance offence. Also, in a proceeding for a public nuisance offence, more than 1 matter mentioned in subsection (2) (a) may be relied on to prove a single public nuisance offence. It is a circumstance of aggravation for this section for a person to commit a public nuisance offence in either or both of the following circumstances— within licensed premises, or in the vicinity of licensed premises; the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section. s 6 amd 2014 No. 42 s 124 ; 2023 No. 26 s 29 (sec.6-ssec.1) A person must not commit a public nuisance offence. Maximum penalty— if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or otherwise—10 penalty units or 6 months imprisonment. (sec.6-ssec.2) A person commits a public nuisance offence if— the person behaves in— a disorderly way; or an offensive way; or a threatening way; or a violent way; and the person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public. (sec.6-ssec.3) Without limiting subsection (2) — a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and a person behaves in a threatening way if the person uses threatening language. (sec.6-ssec.4) It is not necessary for a person to make a complaint about the behaviour of another person before a police officer may start a proceeding against the person for a public nuisance offence. (sec.6-ssec.5) Also, in a proceeding for a public nuisance offence, more than 1 matter mentioned in subsection (2) (a) may be relied on to prove a single public nuisance offence. (sec.6-ssec.6) It is a circumstance of aggravation for this section for a person to commit a public nuisance offence in either or both of the following circumstances— within licensed premises, or in the vicinity of licensed premises; the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section. - (a) if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or - (b) otherwise—10 penalty units or 6 months imprisonment. - (a) the person behaves in— (i) a disorderly way; or (ii) an offensive way; or (iii) a threatening way; or (iv) a violent way; and - (i) a disorderly way; or - (ii) an offensive way; or - (iii) a threatening way; or - (iv) a violent way; and - (b) the person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public. - (i) a disorderly way; or - (ii) an offensive way; or - (iii) a threatening way; or - (iv) a violent way; and - (a) a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and - (b) a person behaves in a threatening way if the person uses threatening language. - (a) within licensed premises, or in the vicinity of licensed premises; - (b) the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.