Public order offences
For more information on the below, see Part 3 of the Summary Offences Act 1953 (SOA).
Disorderly or offensive conduct or language
A person who, in a public place or a police station behaves in a disorderly or offensive manner or fights with another person, or uses offensive language, is guilty of an offence. The maximum penalty is $1,250 or imprisonment for 3 months (SOA s 7). A person who disturbs the public peace is also guilty of an offence and the same penalty applies. "Disorderly" includes riotous and "offensive" includes threatening, abusive or insulting.
Being on premises for an unlawful purpose
A person who has entered, or is present on premises for an unlawful purpose or without lawful excuse is guilty of an offence (SOA s 17). Maximum penalty:
Where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years.
In any other case—$2,500 or imprisonment for 6 months.
Where a police officer believes on reasonable grounds that a person has entered, or is present on, premises for the purpose of committing an offence, the officer may order the person to leave the premises (SOA s 17(2)).
A person who fails to comply with such an order is guilty of an offence: Maximum penalty $2,500 or imprisonment for 6 months (SOA s 17(3)).
Trespass
If a person is on private property without permission they could be trespassing, which is a separate offence from other offences (eg graffitiing) that may be committed on private property (SOA s 17A).
A person is guilty of trespassing if:
A person trespasses on premises;
The trespass interferes with the enjoyment of the premises by the occupier;
The person is asked by an authorised person to leave the premises; and
The person fails to leave the premises immediately, or again trespasses on the premises within 24 hours of being asked to leave.
The offence has a maximum penalty of $2,500 or imprisonment for 6 months.
A person is guilty of an offence if they use offensive language or behave in an offensive manner while trespassing on premises. Offensive includes threatening, abusive or insulting language or behaviour (SOA s 17A(2)). The maximum penalty for this offence is $1,250.
A person who trespasses on premises must give their name and address to an authorised person if asked to do so by the authorised person. In this context, an authorised person means the occupier or a person acting on the authority of the occupier. The maximum penalty for failing or refusing to provide this information is $1,250 (SOA s 17A(2a)).
An authorised person must, at the request of a person in relation to whom the authorised person is exercising powers, inform the person of the authorised person’s name and the capacity in which they are an authorised person under s 17A (SOA s 17AC).
See our page on Trespass for more information.
Loitering
When a police officer requests a person loitering in a public place or a group of people assembled in a public place to move on or disperse and you refuse to do so, you will be committing an offence. The police officer cannot make this request without believing (with some basis) that an offence has been or is about to be committed, that a breach of the peace has occurred or will occur, that the movement of pedestrians or vehicular traffic is obstructed or about to be obstructed or that the safety of a person in the vicinity is endangered. The maximum penalty is $1,250 or 3 months imprisonment (SOA s 18).
Obstructing a Public Place
A person who intentionally obstructs the free passage of a public place is guilty of an offence. The maximum penalty is $50,000 or imprisonment for 3 months (SOA s 58).
A person may be found guilty of this offence whether the person's conduct directly or indirectly obstructed the free passage of a public place. For example, a person's conduct may be found to have indirectly obstructed the free passage of a public place if it was reasonably necessary for the police to restrict access to the public place in order to safely deal with the person's conduct.
If a court finds a person guilty of this offence, it may order that person to pay the reasonable costs and expenses of any action taken by authorities for the purposes of dealing with the obstruction caused.
Disrupting public meetings
It is an offence to disrupt a public meeting. A person who behaves in a disorderly, indecent, offensive, threatening or insulting manner, or uses threatening, abusive or insulting words, or obstructs or interferes with a person seeking to attend the meeting, or any of the proceedings at the meeting, or a person presiding at the meeting in the organisation or conduct of the meeting, in, at or near a place where a public meeting is being held, is guilty of an offence: Penalty: $1,250 or imprisonment for 3 months (SOA s 18A).
Where, in the opinion of the person presiding at a public meeting, a person is behaving in any of these ways, the person presiding may request police to remove that person from the place or the area in the vicinity of the place. Such a request must be complied with by a police officer present or attending at the place at which the meeting is being held.
Public meeting includes any political, religious, social or other meeting, congregation or gathering that the public or a section of the public are permitted to attend, whether on payment or otherwise.
Last revised: May 2023.