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SUMMARY OFFENCES ACT 2005 - SECT 6
Public nuisance
6 Public nuisance
(1) A person must not commit a public nuisance offence. Penalty—
Maximum penalty— (a) if the person commits a public nuisance offence within
licensed premises, or in the vicinity of licensed premises—25 penalty units
or 6 months imprisonment; or
(b) otherwise—10 penalty units or 6 months
imprisonment.
(2) A person commits a public nuisance offence if— (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
(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.
(3)
Without limiting subsection (2) — (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.
(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.
(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.
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