Table Of Contents

Contents (1935 - 44)

1. Short title

2. Repealed

3. Interpretation

Part II - General Police Provisions

Division I - Drunkenness, vagrancy, indecency, and other public annoyances

4. Drunkenness when in charge of vehicle or in possession of dangerous weapon

4A. Custody of intoxicated persons

4B. Provisions relating to persons held in custody

4C. Declaration of places of safety

5. Repealed

6. Repealed

6A. Display of certain insignia, &c., prohibited

6B. Search, seizure and forfeiture of prohibited items

6C. Display of Nazi symbols prohibited, &c.

6D. Performance of Nazi gestures, &c., prohibited

7. Loiterers, &c.

7A. Loitering near children

7B. Possession of implement or instrument

8. Wilful and obscene exposure, &c.

9. Repealed

10. Disorderly houses

11. Repealed

12. Prohibited language and behaviour

13. Public annoyance

13A. Observation or recording in breach of privacy

13B. Publishing or distributing prohibited visual recording

13C. Possession of prohibited visual recording

13D. Persons who are not criminally responsible for an offence under section 13A or 13B

14. Public decency

Division IA - Offences relating to trespass to lands

14A. Peering into dwelling-houses, &c.

14B. Unlawful entry on land, &c.

14C. Names and addresses of offenders may be required

14D. Alternative convictions

Division II - Offences relating to good order and safety

15. Repealed

15A. Repealed

15B. Dispersal of persons

15C. Dangerous articles

15CA. Graffiti and graffiti equipment

15D. Use, carriage and possession of crossbows

15E. Body armour

15F. Laser pointers

16. Street entertainment

17. Chimneys on fire

18. Discharge of distress signals

17A. Repealed

17B. Repealed

19. Poisoned substances

19AA. Dangerous junk

19A. Sports venues

20. Misbehaviour at public meetings

Division III - Consorting

20A. Interpretation of Division III

20B. Object of Division III

20C. Consorting

20D. Official warnings

20E. Review of decision to authorise giving of official warning

20F. Review of Division

20AA. Repealed

20G. Repealed

20H. Repealed

20I. Repealed

20J. Repealed

20K. Repealed

20L. Repealed

20M. Repealed

20N. Repealed

Division IIIA - Prohibited behaviour

21. Prohibited behaviour

21A. Unlawfully administering drug, &c.

22. Repealed

23. Repealed

24. Repealed

24A. Repealed

24B. Repealed

Division IV - Consumption of liquor

25. Consumption of liquor in streets, &c.

Division V - Sale or supply of liquor to youths

26. Sale or supply of liquor to youths

27. Repealed

28. Repealed

29. Repealed

30. Repealed

31. Repealed

32. Repealed

Division VI - Repealed

33. Repealed

34. Repealed

34A. Repealed

Division VII - Offences against public authority

34B. Resistance to, and obstruction of, public officers prohibited

Part III - Injuries to the Person

35. Common assault and aggravated assault

35A. Tattooing, body piercing and body modification

36. Injury by driving, &c.

Part IV - Injuries to Property

37. Offences relating to property

37AAA. Interference with war memorials

37AA. Unlawfully setting fire to property

Part IVA - Offences Involving Vehicles

Division 1 - Motor vehicle stealing, &c.

37A. Interpretation

37B. Motor vehicle stealing

37C. Procuring the hire or use of a motor vehicle by fraud, &c.

37D. Summary prosecution of offenders

37E. Penalty

37F. Disqualification from driving

37G. Requirement of owner or registered operator to provide details

37GA. Notice of demand

37GB. Statutory declaration naming driver or occupant of vehicle

37H. Application of section 18 of the Vehicle and Traffic Act 1999

37I. Tampering with vehicles

37J. Excessive noise, smoke, &c., from vehicles

37JA. Use of spotlights on vehicles on public streets

Division 2 - Confiscation and clamping of vehicles for certain offences

Subdivision 1 - Preliminary

37K. Interpretation of Division

37L. Application of Division

37M. Punishment under Division additional to other punishment

37MA. Special compulsory penalty for prescribed offences

Subdivision 2 - Clamping and confiscation of vehicles

37N. Clamping and confiscation of vehicles

37O. Period of clamping or confiscation for first prescribed offence

37P. Period of clamping or confiscation for second prescribed offence

37Q. Period of clamping or confiscation for third or subsequent prescribed offence

37QA. Period of clamping or confiscation for evasion vehicle

37QB. Evasion vehicle may be forfeited

37R. Transportation of vehicle to holding yard

37S. Unlawful interference with, or removal of, confiscated vehicle

37SA. Unlawful interference with clamped vehicle, &c.

37T. Notice of clamping or confiscation to be given

37U. Content of notice for first offence

37V. Content of notice for second or subsequent offence

37VA. Content of notice for evasion offence

37W. Advice to registered operator of date of hearing

37X. Costs of confiscation

Subdivision 3 - Forfeiture orders

37Y. Application for forfeiture of vehicles

37Z. Defence to show no knowledge and consent

37ZA. Powers for enforcing forfeiture order

37ZB. Third party protection from forfeiture order

Subdivision 4 - Unclamping and recovery, &c., of vehicles

37ZC. Unclamping or recovery of vehicle clamped or confiscated for prescribed offence

37ZD. Unclamping or recovery of vehicle clamped or confiscated for second or subsequent prescribed offence

37ZE. Clamped or confiscated vehicle may be unclamped or returned in certain circumstances

37ZF. Unclamping or return of vehicle in case of severe hardship upon conviction

37ZG. Return of vehicle if offending driver not convicted, &c.

Subdivision 5 - Disposal of vehicles, &c.

37ZH. Disposal of confiscated vehicle

37ZI. Disposal of forfeited vehicle

37ZJ. Voluntary transfer of ownership of vehicle to Crown

37ZK. Clamped or confiscated vehicle not to be sold or disposed of

37ZL. Application of proceeds of sale

Subdivision 6 - Miscellaneous

37ZLA. Power of Commissioner to authorise unclamping

37ZM. Protection from liability

Part V - Offences Involving Dishonesty

38. Repealed

38A. Making off without payment

38B. Stealing with force

39. Possession of stolen property

39A. Repealed

40. Repealed

41. Advertising reward for return of stolen property

42. Taking or using animal, vehicle, or vessel without owner's consent

43. Finding property

Part VA - Offences Relating to Computers

43A. Computer-related fraud

43B. Damaging computer data

43C. Unauthorized access to a computer

43D. Insertion of false information as data

43E. Extra-territorial application of this Part

43F. Period during which complaint may be made

Part VI - Miscellaneous Offences

Division I - Bogus advertisements and false notices

44. Bogus advertisements

44A. False reports to police

Division II - Repealed

45. Repealed

46. Repealed

Division IIA - Setting of traps

46A. Repealed

Division III - Motor-vehicle races and reliability trials

47. Interpretation

48. No motor-vehicle race to be held without a permit

49. Power of Commissioner of Police to grant permit

Division IIIAA - Activities on public streets

49AA. Interpretation of Division

49AB. Public street permits

Division IIIA - Public entertainments

49A. Interpretation

49B. Power of Commissioner to control public entertainments

49C. Repealed

Division IV - Repealed

50. Repealed

51. Repealed

52. Repealed

53. Repealed

54. Repealed

Part VII - Powers of Police Officers and Other Persons

Division I - Arrest

55. Arrest

55A. Names and addresses of offenders

56. Procedure on arrest

Division II - Entry and search

57. Power of police officers to enter certain places

57A. Searching of hawkers, &c.

57B. Repealed

58. Search of persons for poison

58A. Power to search for liquor

58B. Search of accused person in custody

Division III - Search warrants

59. Repealed

60. Commissioner's warrant

Division IV - Infringement notices

61. Infringement notices

62. Payments into Public Account

Part VIII - Declaration of Crime Scenes and Serious Incident Sites

Division 1 - Crime scenes

63. Declaration of crime scene

63A. Authority at crime scene

Division 2 - Serious incident sites

63B. Declaration of serious incident site

63C. Authority at serious incident site

Part IX - Procedure and Supplemental Provisions

64. Accomplice

65. Power of court, upon neglect to prosecute, court to order another person to proceed

66. Provision relating to determination of certain questions by courts

67. Averment of age prima facie proof

67A. Evidentiary provision

67B. Effect of failure to submit evidence relating to certain offences

68. Procedure for seized firearms

69. Disposal of property forfeited to Crown

70. Repealed

71. Repealed

72. Repealed

73. Act not to affect rights of the Crown

74. Regulations

Schedule I

Schedule II

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Police Offences Act 1935

Version current from 13 December 2024 to date (accessed 16 March 2025 at 11:00)

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File last modified 16 December 2024

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