No. 6337. POLICE OFFENCES ACT 1958. An Act to consolidate the Law relating to Police Offences.

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1958. Police Offences. No. 6337 $8<f
No. 6337.
POLICE OFFENCES ACT 1958.
An Act to consolidate the Law relating to Police
Offences.
[30/A September, 1958.]
BE it enacted by the Queen's Most Excellent Majesty by and
with the advice and consent of the Legislative Council and
the Legislative Assembly of Victoria in this present Parliament
assembled and by the authority of the same as follows (that is
to say):—
1. This Act may be cited as the Police Offences Act 1958, and commralL
shall come into operation on a day to be fixed by proclamation of 3J5g^d
I
the Governor in Council published in the Government Gazette,
and is divided into Parts and Divisions as follows:—
Part I.—Police Provisions applicable to Special Localities
ss. 4-15.
Part II.—Police Provisions applicable throughout Victoria
ss. 16-68.
Division 1.—General ss. 17-58.
Division 2.—Protection of Animals ss. 59-68.
Part III.—Vagrancy and Kindred Offences ss. 69-84.
Part IV.—Lotteries Gaming and Betting ss. 85-163.
Division 1.—Lotteries ss. 87-92.
Division 2.—Unlawful Games and Gaming—Cheating
at Play ss. 93-95.
Division 3.—Contracts by Way of Gaming or
Wagering s. 96.
1958. Police Offences. No. 6337
Division 4.—Betting Houses and Places ss. 97-103.
Division 5.—Street Betting ss. 104-106.
Division 6.—Betting with Infants ss. 107-110.
Division 7.—Sports Betting ss. 111-119.
Division 8.—Totalizators s. 120.
Division 9.—Advertisements, Communications, &c,
about Betting ss. 121-124.
Division 10.—Common Gaming Houses ss. 125-149.
Division 11.—Supplementary ss. 150-163.
Part V.—Obscene and Indecent Publications ss. 164—188.
Division 1.—General ss. 164-180.
Division 2.—Registration of Distributors of Printed
Matter ss. 181-188.
Part VI.—Supplementary ss. 189-206.
Part VII.—Miscellaneous Police Provisions ss. 207-231.
Division 1.—Illegal Taking or Using of Vehicles s. 207.
Division 2.—Pea Rifles, Saloon Guns, and Air Guns
ss. 208-215.
Division 3.—Contraceptives ss. 216-219.
Division 4.—Juveniles Smoking ss. 220-222.
Division 5.—Matches s. 223.
Division 6.—Homing Pigeons ss. 224-228.
Division 7.—Trespass to Farms ss. 229-231.
2. (1) The Acts mentioned in the First Schedule to this Act
. to the extent thereby expressed to be repealed are hereby repealed.
(2) Except as in this Act expressly or by necessary implication
provided—
(a) all persons things and circumstances appointed or
created by or under any of the repealed Acts or
existing or continuing under any of such Acts
immediately before the commencement of this Act
shall under and subject to this Act continue to
have the same status operation and effect as they
respectively would have had if such Act had not
been so repealed;
(b) in particular and without affecting the generality of
the foregoing paragraph, such repeal shall not
disturb the continuity of status operation or effect
of any proclamation regulation rule by-law order
application determination decision licence authority
direction registration complaint information
warrant commitment recognisance appointment
condition notice fee liability limitation saving or
right made effected issued granted given presented
1958. Police Offences. No. 6337 98?,
passed fixed accrued incurred or acquired or
existing or continuing by or under any of such Acts
before the commencement of this Act.
3. In this Act unless inconsistent with the context or interpretation,
subject-matter— No-6069 "•3-
" Animal" includes every species of quadruped and every " Animal."
species of bird whether in a natural or domestic state.
" Cattle " in Parts I. and II. includes any horse mare gelding " cattle.-
ass bull cow ox ram ewe wether pig goat and every
hybrid or cross thereof and the young of any such
animals.
"Information" includes a complaint for an offence and "informa-
" Informant" includes a complainant on such a "Mormant."
complaint.
" Justice " includes two or more Justices and " Justices " •• Justice."
includes " Justice ". " Justices."
" Local authority" means in the city of Melbourne and " Local
the city of Geelong the corporations of the said cities amhority-
respectively; and save as aforesaid within any city town
borough or shire the council thereof; and outside the
limits of such corporations cities towns boroughs or
shires the nearest court of petty sessions.
" Public place " includes and applies to every public highway » p„biic
road street footway footpath court alley passage or pl"co"
thoroughfare notwithstanding that such public highway
road street footway footpath court alley passage
or thoroughfare may be formed on private property.
Nothing herein contained shall be held to divest the
owners of such property of their rights or property
therein and their power to resume the sole use and
occupation thereof.
" Road " includes and applies to every road street or bridge. " Koau.-
PART I.—POLICE PROVISIONS APPLICABLE TO SPECIAL
LOCALITIES.
Application of Part I.
4. (1) The provisions of this Part shall be and continue in Application
force in every city town and borough in Victoria and section six NcTeoeL 4
shall be and continue in force in every shire:
Provided that section seven shall have force and effect
according to its tenor.
mi 1958. Police Offences. No. 6337
(2) The Governor in Council may by proclamation in the
Government Gazette extend all or any of such provisions to any
district or place in Victoria whether within a shire or not and may
define the limits of any such district or place and vary and alter
such limits.
(3) Upon any such proclamation the provisions so proclaimed
shall extend to and be and continue in force in such district or
place.
(4) The council of any shire may by a by-law extend to such
shire or any part or parts thereof all or any of such provisions
other than section six and such by-law shall have the same force
and effect as a proclamation by the Governor in Council.
Offences relating to the Good Order of Towns, &c.
onSnLra00 5" (1) Every person guilty of any of the following offences
iheutioo<>to sna^ ^e ^a^e to a Penalty of not more than Twenty pounds:—
(a) Throwing or placing or leaving any glass filth dirt
lowns Ac.
N.,. 6069. s. rubbish or other matter of a similar nature in or
s
on any public place;
(b) Driving riding or leading any horse or other animal
or any carriage or wheeling or pushing any barrow
upon or along any footpath;
(c) Placing any timber bricks or other building materials
in or on any footpath channel surface drain or
road without the permission of the local authority
having been first obtained;
(d) Burning any shavings or other materials in or on any
public place;
(e) Leaving any inflammable materials or matter in or on
any public shed or place or in or on any open space
near any building without having first obtained the
permission of the local authority;
(/) Drawing or trailing any sledge timber or other heavy
material upon any footpath or carriage road to the
injury of such footpath or carriage road;
(g) Emptying any privy or cesspool or carting away any
night-soil or other offensive matter without the
authority of or a licence from and without having
given such security as is required by the local
authority;
(h) Allowing any night-soil or other offensive matter to
be spilt or otherwise cast into or upon any public
place;
1958. Police Offences. No. 6337
(/) Allowing the drippings of the eaves of any house to
fall upon any public footpath;
(/') Placing any placard or other document on or writing
or painting on or otherwise defacing any house or
building or any wall fence lamp post or gate
without the consent of the occupier, or without the
consent of the owner if 'there is no person in actual
occupation thereof;
(k) Opening any drain or sewer in or removing the
surface of any footpath or carriage road without
the permission of the local authority having been
first obtained;
(/) Neglecting to clean any private yard way passage or
avenue by which neglect a nuisance by offensive
smell or otherwise is caused;
(m) In any public place rolling any cask beating any
carpet breaking-in any horse flying any kite using
any bows and arrows or playing at any game to
the annoyance of any person;
(n) Obstructing any footpath or road whether by allowing
any cart or animal to remain across such footpath
or road or by placing goods thereon or otherwise;
(o) Throwing or discharging any stone or other missile to
the damage or danger of any person;
(p) Having any awning on or over any footpath in any
public street or thoroughfare not being seven feet
clear above the footpath, or hanging any goods on
or under any awning over the footpath;
(q) Blasting in or near any public place without
permission of the local authority or not attending
to all directions in regard thereto given by such
local authority;
(r) Furiously or negligently riding or driving in or through
any public place;
(s) Exposing in any public street or thoroughfare (except
in any fair or market lawfully appointed for that
purpose) any horse or other animal for show hire
or sale;
(r) In or within sight of any road or thoroughfare
permitting any horse to serve a mare or permitting
a mare to be brought to a horse or a horse to be
brought to a mare in order to ascertain if she is in
season for taking the horse;
966 1958. Police Offences. No. 6337
(M) Making a cellar door or other opening from the
footpath of any public street or thoroughfare
without the consent of the local authority;
(v) Any carter plying for hire without a licence;
(w) Any carter waiting for hire allowing his cart or dray
to stand in any other place than those appointed
by the local authority or demanding higher rates
than authorized by such local authority;
(x) Plying for hire with any boat not being a steamboat
at any ferry or on any river without a licence from
the local authority or demanding higher rates than
authorized by such local authority;
(y) Discharging any firearm or setting off any fireworks
or carrying any firearm (excepting any firearm
with respect to the carrying of which a firearm
certificate is required by Part III. of the Firearms
Act 1958) or carrying any sword dirk dagger or
other offensive weapon within any town or public
place without permission from the local authority.
(2) Paragraph (y) of sub-section (1) shall not apply to any
justice or any person in Her Majesty's naval military or air
service, or any member of a recognized volunteer corps, or any
member of the police force, or any special constable or any person
encountering or in pursuit of any felon or offender.
Rules and Regulations of Local Authority.
Route to be 6. Any local authority may from time to time make rules and
observed in regulations for the route to be observed by all carriages carts
carriage and
footways. vehicles and persons and for keeping order in the carriage and
No. 6069 B. 6. footways and public places and for preventing any obstruction
thereof whether by the assemblage of persons or otherwise; and
every wilful breach of any such regulation shall be deemed to be
a separate offence against this Part and every person committing
any such offence shall be liable to a penalty of not more than
Five pounds.
7. Where, in any prosecution for obstructing any footpath
As to
prosecutions street or road under—
for obstruction
of footpath
street or road (a) paragraph (n) of sub-section (1) of section five of
by assemblage
of persons *c. this Act; or
No. 6069 s. /.
(b) any rule or regulation made by any local authority
pursuant to section six of this Act or any
corresponding previous enactment; or
1958. Police Offences. No. 6337 a8T
(c) any by-law made pursuant to sub-section (1) of
section one hundred and ninety-seven of the Local
Government Act 1958 or any corresponding
previous enactment—
the obstruction alleged is by assemblage of persons (not being a
procession) or by any person or persons forming part of or
connected with such assemblage, the court shall not convict the
defendant unless it is satisfied that, having regard to all the
circumstances of the case and to the amount of traffic which
actually was at the time on the footpath street or road, there
was undue obstruction thereof.
8. Any local authority may from time to time make rules and
Local
regulations with reference to the licensing of carters and boatmen, authority to
make rules
the places where they shall stand, the rates they shall receive, for boatmen
and carters.
the distance they shall be compellable to go, and such other NO,6069S. 8,
matters as tend to the public convenience in regard to them.
Hoardings, Scaffolding, &c.
9. (1) No person without a licence first had and obtained Builders not
to erect
from the local authority shall in any public place erect or place scairoldini! or
enclosures in
any hoarding or scaffolding or any posts bars rails boards or other the street
things by way of enclosure for any purpose. without
permission of
local
(2) Such licence as aforesaid shall specify therein the length authority.
No. 6069 s. 9.
of time for which any such hoarding scaffolding posts bars rails
boards or other things when so erected or placed may be continued,
and shall contain such other directions respecting the same as are
necessary.
(3) Every person who erects or places or causes or permits to
be erected or placed any such hoarding or scaffolding or any
enclosure of posts bars rails boards or other things for any
purpose without such licence or contrary to the provisions and
conditions of such licence or who permits or suffers any hoarding
scaffolding or things so erected or placed to be continued for any
longer time than is allowed or expressed in such licence, shall be
liable to a penalty of not more than Twenty pounds, and also to
pay by way of penalty the sum of One pound for every day that
the same has or have been placed and erected or continued contrary
to the provisions hereof.
(4) The said local authority or any person authorized either
generally or specially by the local authority may four days after
notice cause the same to be pulled down and removed, and the
same and all the materials thereof to be kept and detained until
such person pays to such local authority all the penalties incurred
by such person together with the charges of pulling down removing
and keeping the same.
988 1958. Police Offences. No. 6337
(5) If within five days next after the pulling down and
removing of the same the same are not claimed and the said
penalties if ascertained and the charges of pulling down removing
and keeping the same are not paid such local authority or any
person authorized either generally or specially by such local
authority may order or cause the same to be sold by public auction
and the proceeds thereof shall be applied according to the
provisions of this Act respecting the appropriation of moneys arising
from forfeitures.
Exposing Articles for Sale in Streets, &c.
10. (1) Every person who exposes for sale any article
Penalty on
exposing whatsoever on any footpath or outside of any shop window or
articles for
sale in public doorway abutting on any public street or thoroughfare so as to
streets.
obstruct such street or thoroughfare shall be liable to a penalty of
No. 6069 s. 10.
not more than Ten pounds.
(2) If any article so exposed is not removed within six hours
Articles may
be seized. f j j jtten given by any member of the police
a ter not ce ora or wr
force or by any person either specially or generally authorized by
the local authority then any such member or any such person may
without warrant seize and remove and detain any such article.
(3) If within five days of such seizure such article is not
claimed and the penalties if ascertained and the charges of
removing and keeping the same are not paid such member of the
police force or such local authority or any person specially or
generally authorized by such local authority may order or cause
the same to be sold by auction and the proceeds thereof shall be
applied according to the provisions of this Act respecting the
appropriation of moneys arising from forfeitures.
Butchers' Shambles Slaughter-houses, &c.
Power to 11. (1) The local authority or any justice may authorize and
local authority
or justice to depute any member of the police force from time to time to visit
depute and inspect any butcher's shambles slaughter-house or yard or any
constable to
inspect house out-building lane alley or other place for the purpose of
slaughter
houses Ac. ascertaining if the same is kept cleansed.
and remove
filth at
occupier's (2) Such person so authorized shall, if it appears that any
expense if he
neglects to do accumulation of manure dung offal soil filth coal ashes or other
so himself.
unwholesome or noxious matter whatsoever ought to be removed,
No. 6069 o. 11.
give notice to the person to whom the same belongs or to the
occupier of the premises whereon it exists to remove the same.
(3) If at the expiration of four days after such notice the
same is not complied with, the manure dung offal soil filth coal
ashes or other matter referred to shall be removed under the
1958. Police Offences. No. 6337 989
direction of some member of the police force at the expense of the
person to whom such notice was given, and such expense may be
recovered in the same manner as any penalty inflicted hereunder.
(4) In any such case of removal such member of the police
force may deal with such manure dung offal soil filth coal ashes or
other matter in any manner he thinks fit without any liability to the
owner thereof.
Chimneys, Fireplaces, &c.
12. If any person erects or at any time has erected any gejgiw °"
chimney or fireplace of timber or other matter liable to ignition chimney oi
or does not place for a sufficient distance some matter or material ™taeriauLble
not liable to ignition between such chimney or fireplace and any N .6069S. 12.
O
material of an inflammable nature or liable to ignition, the occupier
of such house, on notice from the local authority being served upon
him or left at such premises requiring such fireplace or chimney
to be so altered as not to come within the meaning of this
provision and neglecting after the expiration of seven days to
comply with the conditions of such notice, shall be liable to a
penalty of not more than Ten pounds.
Offences.
13. Every person committing any act against the provisions f ""^J,^,,,
contained in this Part or refusing or neglecting to comply with of this Par"'"
any directions contained therein or any rule or regulation made offence. an
under the said provisions by any local authority shall be deemed No.6W9s.».
to have committed an offence against this Part; and when no
specific penalty is provided for any such act neglect or refusal,
such person shall be liable to a penalty of not more than Twenty
pounds.
Liability of Masters.
14. In any case where under this Part any offence is created Masters made
and it appears to the court before which the complaint Or servants have
information against any person for the commission of any such u5e?rdoUrdeS.
offence is heard that the person committing the same has acted NO. 6069s. 14.
only under the orders or by the sanction of any master or employer
of any such person and that such master or employer is in fact
the offending party either solely or as well as such person so
rendered liable, the court of petty sessions may by summons or
warrant order such master or employer to appear to answer the
said complaint or information as if the same had originally been
laid or made against such master or employer and may either
discharge such person so first complained or informed against or
may hear and determine the complaint or information as against
both as to the court seems fit.
990 1958. Police Offences. No. 6337
Corporate Bodies.
This Act not 15. Nothing contained in this Part shall take from lessen or
to interfere
with alter any powers or privileges now possessed by or which may
corporations. hereafter be given to any corporate body; but the same may be
No. 6069 s. IS.
exercised and enjoyed to the same extent as if this Act had not been
passed.
PART II.—POLICE PROVISIONS APPLICABLE THROUGHOUT
VICTORIA.
Application 16o The provisions of sections thirteen fourteen and fifteen of
of sections
13,14 and IS. this Act shall be deemed to extend to this Part.
No. 6069 s. 16.
DIVISION 1. GENERAL.
Offences tending to Personal Injury, &c.
Penalty on 17o Every person guilty of any of the following offences shall
offence
tending to be liable to a penalty of not more than One hundred pounds or
pTenris^oyn"a81l to imprisonment for a term of not more than six months or to both
NO. 6069s. 17. i the discretion of the court before which the case is heard:—
n
(a) Placing any obstruction upon any road footpath canal
or river whereby life or limb is likely to be
endangered;
(6) Leaving any hole excavation or dangerous formation
in or near any public place without fencing or
enclosing the same or keeping a light burning upon
such enclosure from sunset to sunrise;
(c) Not keeping in good repair any rail gate fence or
cover over or about any area or entrance to any
cellar or other place or keeping open for more than
a reasonable time for taking in or out any articles
any entrance to any area cellar or other place such
area or entrance opening into or upon or near any
public place;
(d) Throwing any offensive matter or thing or with the
intention of drowning it any live animal into any
river water-course canal or other place whence a
supply of water for human use is obtained.
Offences relating to Riders, Drivers, Horses, Cattle, Vehicles, &c.
Penalty on 18. Every person guilty of any of the following offences
persons shall be liable to a penalty of not more than Ten pounds:—
committing
offences with
horses and (a) In or on any road any person who, driving any
vehicles.
vehicle or animal or riding or leading any animal,
No. 6069 s. 18.
drives rides or leads the same on the wrong side