Summary Offences Flashcards
(20 cards)
What is the definition of Undue Noise
Any noise that causes unreasonable distress, annoyance or irritation to any person by reason of its level or character or time at which it is made
Powers under Section 53A - Undue noise at social gathering AFTER midnight
Direct:
The person who is the occupier, or person responsible for noise,
To stop or abate the noise.
How long is a 53A notice in effect for?
12 hours following the notification (excluding the 10 minutes after you’ve left)
This relates to ANY undue noise coming from the premise.
53D - Noise Abatement Orders - What details can Police provide?
Police can provide the name and address of the person to whom the direction was given.
53B Undue Noise - What time of day does this relate to?
Any time of the day.
This could refer to a kid playing drums from 1500 - 2000 non stop.
53B (1) - Undue Noise
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.
53B - Undue Noise - Subsection 2A
(Direction & Timing)
A direction under subsection 1 or 2 may be given in reference to specific times in which you have to stop or abate the noise
In any event, remain in place for 48 hours
53E - Police Powers
When enforcing under section 53A & 53B, what force can be used?
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.
53E - Police Powers -
When enforcing under 53A & B, what can you ask a person, and what happens if they refuse to answer?
(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
Penalty:$200
What is a public place?
(a) every place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier thereof; and
(b) every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only; and
(c) every road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that the road, street, footway, court, alley or thoroughfare may be formed on private property.
S47 - Offensive Conduct
Every person who is guilty:
(a) of any riotous, offensive, disorderly or indecent behaviour, or of fighting, or using obscene language, in or within the hearing or view of any person in any road, street, thoroughfare or public place
(b) of disturbing the public peace;
(c) of any riotous, offensive, disorderly or indecent behaviour in any police station;
(d) of offensive behaviour in or about a dwelling house, dressing-room, training-shed or clubhouse;
(e) of unreasonably causing substantial annoyance to another person; or
(f) of unreasonably disrupting the privacy of another person, shall be guilty of an offence.
Penalty:$2,000 or imprisonment for 6 months, or both.
Section 75A,
Dangerous Dogs
Who is considered an owner?
(1) In this section, a reference to the owner of a dog includes:
(a) the person for the time being under whose control the dog is;and
(b) the occupier of premises or a part of premises where the dog is usually kept; and
(c)where the owner has not attained the age of 17 years, a parent or guardian of the owner,
but does not include an authorised person, as defined in section 7of the Local Government Act 2019, a member of the Police Force or a person at a pound controlling or keeping a dog in accordance with a by-law of a local government council.
75A - Dangerous Dogs
Subsection 2
The owner of a dog that:
(a) attacks a person or animal; or
(b) menaces a person or animal,
is guilty of an offence.
Penalty:$5,000
Defence to section 75A (2)
Dangerous dogs
a) a person had, without the owner’s permission, enticed the dog to attack or menace the person or animal;
(b) the animal attacked or menaced was attacked or menaced on premises owned or occupied by the owner; or
(c)the person attacked or menaced was attacked or menaced on premises owned or occupied by the owner and the person:
(i) was on the premises for an illegal purpose; or
(ii) was attacked or menaced other than when proceeding by the shortest practical route from a boundary of the premises to the door of the premises closest to the boundary or from the door to the boundary
75A subsection 6
Dangerous Dogs - Police Powers
Where a member of the Police Force believes, on reasonable grounds, that a dog has or may cause serious injury to a person or animal, the member may seize, impound or destroy the dog and for that purpose may enter onto any land (including land that is not open to or used by the public) with or without the consent of the occupier or owner, or a warrant
> Enter onto any land (with/out consent, and without warrant)
seize, impound or destroy dog
What is the definition of Loiter?
Loiter means to idle or linger about
Section 47A (1) - Drag & Drop
Loitering - general offence
A person loitering in any public place who does not give a satisfactory account of himself when requested so to do by a member of the Police Force shall, on request by a member of the Police Force to cease loitering, cease so to loiter.
47B - Loitering – offence following notice
What can Police require someone to do?
(a) Requiring the person to stay away from the place or an area including the place for a specified period not exceeding 72 hours from the time the notice is given; and
(b) specifying the place or area, and the period, as is reasonable in the circumstances; and
(c) specifying the consequences of contravening the notice
47B (2) - Issuing a written notice
The officer may do so only if the officer reasonably suspects:
(a) the person has committed, or is about to commit, an offence at the place or in the area; or
(b) the person is part of a group of people at the place and one or more people in the group have committed or are about to commit an offence at the place or in the area.
47B (4) - Elements for a person to be found guilty of an offence
The person is guilty of an offence if:(a) the officer gives the person the notice; and
(b) the person contravenes the notice
