Offensive Conduct
Under section 4 of the Summary Offences Act 1988, a person must not conduct themselves in an offensive manner in or near, or within view or hearing from, a public place or a school. Offensive conduct is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, offensive conduct refers to actions that are calculated to wound feelings, arouse anger, resentment, disgust, or outrage in the mind of a reasonable person. When the courts determine whether conduct is offensive, they must consider the circumstances in which the words were used, including factors such as location, audience, and context.
The maximum penalty for this offence, if dealt with by an infringement notice, is $500, and if dealt with by the Local Court, is a term of imprisonment of 3 months and/or $660 fine.
Offensive Language
Under section 4A of the Summary Offences Act 1988, a person must not use offensive language in or near, or within hearing of, a public place or school. Offensive language is not defined by legislation; however, it has been shaped by judicial interpretation of this section over time. Generally, offensive language refers to words that are calculated to wound feelings, arouse anger, resentment, disgust, or outrage in the mind of a reasonable person. When the courts determine whether words spoken are offensive, they must consider the circumstances in which the words were used, including factors such as location, audience, and context.
The maximum penalty for this offence, if dealt with by an infringement notice, is $500, and if dealt with by the Local Court, is a fine of $660.
Custody of Offensive Implement
Under section 11B of the Summary Offences Act 1988, a person must not, without reasonable excuse, have an offensive implement in their custody in a public place or a school. An offensive implement is defined as anything made or adapted for causing injury to a person, or anything that the person in custody intends to use to injure or menace a person or damage property.
The maximum penalty for an offence under this section is 2 years imprisonment and/or a fine of $5,500.