Legislation Flashcards
SOA s.3 public place
Public place.
A place whether or not covered by water, a part of a premises which is open to the public and is not a school.
SOA s.3 premises
Premises
Any building, structure, vehicle, vessel, aircraft, or place whether built on or not.
Definition of OFFENSIVE
Calculated to: wound feeling arouse anger cause resentment cause disgust.
SOA s4
Offensive behaviour and conduct
-the accused
-conducted himself/herself in an offensive manner
-in or near, or within view or hearing from a public place or
school.
SOA s4A
Offensive language
The accused
used offensive language
in or near, or within hearing from a public place or school
SOA s5
obscene exposure
the accused
willfully and obscenely
exposed his or her person
in or near, or within view from a public place or school
Maximum penalty: 10 penalty units or imprisonment for six months.
SOA s6
Obstructing traffic
SOA s9
Continuation of intoxicated and disorderly behaviour following a move on direction.
15 penalty units
SOA s11B
custody of an offensive implement.
- the accused
- without a reasonable excuse
- has in his or her custody an offensive implement
- in a public place or school
SOA s3 Knife
- knife blade
- razor blade
- any other blade
SOA s11C
Custody of a knife in a public place or school
- the accused
- without reasonable excuse
- has in his/her custody a knife
- in a public place or school.
SOA s11D
Parents allow children to carry knives.
Definition of Offensive
Cause resentment
Cause disgust
arouse anger
Wound feelings
SOA s6A
Unauthorised entry of vehicles/boats
SOA s11B(3)
Offensive implement
Anything made to or adapted to:
- Cause or intend to cause injury to a person, or
- Menace a person, or
- Damage property
SOA s11E
Wielding of knives in a public place or school
- The accused
- Without reasonable excuse
* uses a knife
* carries a knife that is visible - in the presence of any person
- in a public place or school
- in a manner that causes a person of reasonable firmness to fear for their safety (no need for person of firmness to be present)
SOA s11F
Sale of knives to Child under 16
- The accused
- sells a knife
- to a child under the age of 16
LEPRA s199
Failure to comply with directions
a person must not without reasonable excuse refuse or fail to comply with direction.
LEPRA s197
Directions generally relating to public places.
Causing fear Harrassment/intimidation obstructing traffic procuring/purchasing drugs supplying drugs.
LEPRA s198
Move on direction to intoxicated persons in a public place
Noticeably affected intoxicated person.
Injure person
Damage property
Cause a public hazard
Behave Disorderly
LEPRA 198(5)
Speech, balance, coordination, behaviour is NOTICEABLY affected and is reasonable to supsect it is due to alcohol or drugs.
LEPRA 198A
Giving direction to groups.
CA s546C
Resist etc police
Definition of dwelling
any building or other structure intended for occupation as a dwelling and capable of being occupied, whether or not it has ever been so occupied.
