Summary Offences Act Flashcards
53A Undue noise at social gathering after midnight
(1) A member of the Police Force may, in response to a complaint from a person that undue noise is coming from any premises or part of premises where a social gathering is being held, being a complaint in respect of noise made after midnight on any night and where he considers that such noise constitutes undue noise, direct:
(a) the person who is the occupier of the premises or part of the premises, as the case may be; or
(b) if that person cannot be ascertained, the person responsible for the noise or in charge of the property producing the noise,
to stop or abate the noise.
(2) Where, at any time during the period of 12 hours immediately after a person has been directed under subsection (1) to stop or abate undue noise (other than the period of 10 minutes after the direction is given), undue noise comes from the premises or part of the premises in respect of which the complaint was made, the person to whom the direction was given is guilty of an offence.
53B Undue noise
(1) A member of the Police Force may, in response to a complaint from a person that undue noise is coming from any premises or part of premises and where he considers that such noise constitutes undue noise, direct:
(a) the person making or causing or permitting the noise to be made; or
(b) the person apparently at the time in charge of the premises or part of the premises, as the case may be,
to stop or abate the noise.
(2) A member of the Police Force may, in response to a complaint from a person that undue noise is coming from any unoccupied land and where he considers that such noise constitutes undue noise, direct the person making the noise or causing or permitting the noise to be made to stop or abate the noise.
(2A) A direction under subsection (1) or (2):
(a) may be given by reference to a period of hours during which, or specific times when, the noise is to be stopped or abated; and
(b) in any event, shall remain in force for not more than 48 hours.
(3) A person who has been directed under subsection (1) or (2) to stop or abate undue noise and who, other than during the period of 10 minutes immediately after being so directed:
(a) continues to make the noise or continues to cause or permit the noise to be made; or
(b) does not abate the noise,
in contravention of the direction is guilty of an offence.
53E Powers of police
(1) For the purposes of giving a direction under section 53A or 53B, a member of the Police Force may enter the premises or the part of the premises from which the noise is coming together with such assistance and using such force as the member considers reasonable for the purpose.
(2) A member of the Police Force who enters premises or a part of premises under this section may require a person in the premises or the part to answer a question asked for the purpose of identifying the occupier of the premises or the part or the person responsible for the noise or in charge of the property that is producing the noise.
(3) A person asked a question under subsection (2) shall not refuse or fail to answer the question to the best of his knowledge or belief.
47AC Loitering by sexual offender
(1) In this section, sexual offence means:
(a) an offence against Division 2 of Part V of the Criminal Code;
(b) an offence against sections 188(2)(k), 192, 192B or 201 of the Criminal Code;
(c) an offence of:
(i) counselling or procuring;
(ii) aiding or abetting the commission of;
(iii) conspiring to commit;
(iv) attempting to commit; or
(v) being an accessory after the fact to,
such an offence.
(2) A person who:
(a) has been found guilty of:
(i) a sexual offence;
(ii) murder where there are reasonable grounds to believe that a sexual offence was also committed on the victim; or
(iii) an offence against section 50; and
(b) is found, without reasonable excuse, idling or lingering about in or near:
(i) a school, kindergarten or child care centre; or
(ii) a public place regularly frequented by children and in which children are present at the time of the loitering,
is guilty of an offence.
Penalty: $5,000 or imprisonment for 12 months.
(3) If a person has at any time been convicted of an offence against a law of a State or another Territory of the Commonwealth which creates an offence substantially similar to a sexual offence, the conviction for the offence against that law shall be taken for the purposes of this section to be a conviction of a sexual offence.
