Public Order Offences – VIC

Welcome to the VIC Obscene, indecent, threatening language and behaviour in public article page. Everything you need to know about Obscene, indecent, threatening language and behaviour in public according to VIC law.

What the Law States according to VIC Law for Obscene, indecent, threatening language and behaviour in public

According to VIC Law for the charge of Obscene, indecent, threatening language and behaviour in public,

Summary Offences Act 1966 – SECT 17
Obscene, indecent, threatening language and behaviour etc. in public

17. Obscene, indecent, threatening language and behaviour etc. in public

(1) Any person who in or near a public place or within the view or hearing of any person being or passing therein or thereon-

(a) sings an obscene song or ballad;

(b) writes or draws exhibits or displays an indecent or obscene word figure or representation;

(c) uses profane indecent or obscene language or threatening abusive or insulting words; or

(d) behaves in a riotous indecent offensive or insulting manner-

shall be guilty of an offence.

Penalty: 10 penalty units or imprisonment for two months; For a second offence-15 penalty units or imprisonment for three months; For a third or subsequent offence-25 penalty units or imprisonment for six months.

(2) Where in the opinion of the chairman presiding at a public meeting any person in or near the hall room or building in which the meeting is being held-

(a) behaves in a riotous indecent offensive threatening or insulting manner; or

(b) uses threatening abusive obscene indecent or insulting words-

the chairman may verbally direct any member of the police force who is present to remove such person from the hall room or building or the neighbourhood thereof and the member of the police force shall remove such person accordingly.

(3) Where at a general meeting of a corporation a person wilfully fails to obey a ruling or direction given in good faith by the chairman presiding at the meeting for the preservation of order at the meeting, such person shall be liable to be removed from the meeting if the meeting so resolves or where because the meeting has been so disrupted that it is not practicable to put such a resolution to the meeting the Chairman so directs.

(4) Where a person is liable to be removed from a meeting under subsection (3) the Chairman may verbally direct any member of the police force who is present to remove such person from the hall, room or building in which the meeting is being held or the neighbourhood thereof and the member of the police force shall remove such person accordingly.

The Maximum Penalty – Obscene, indecent, threatening language and behaviour in public

According to VIC Law for the charge of Obscene, indecent, threatening language and behaviour in public:

2 months imprisonment / 10 penalty units for a first offence
3 months imprisonment / 15 penalty units for a second offence
6 months imprisonment / 25 penalty units for a third or subsequent offence

What the Police must prove according to VIC Law for Obscene, indecent, threatening language and behaviour in public

(a) The accused sang an obscene song or ballad, wrote, drew, exhibited or displayed an indecent or obscene word, figure or representation, used profane indecent or obscene language or threatening abusive or insulting words, or behaved in a riotous indecent offensive or insulting manner.

(b) The accused was in or near a public place or within the view or hearing of any person in or on the place.

Possible Defences under VIC Law – Obscene, indecent, threatening language and behaviour in public

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent
(f) Mental impairment

In VIC which court will hear the matter – Obscene, indecent, threatening language and behaviour in public

Magistrates’ Court

 

Date: 09/01/2009