Public Order Offences – VIC

Welcome to the VIC Offensive behaviour by a person in a motor vehicle in a declared area article page. Everything you need to know about Offensive behaviour by a person in a motor vehicle in a declared area according to VIC law.

What the Law States according to VIC Law for Offensive behaviour by a person in a motor vehicle in a declared area

According to VIC Law for the charge of Offensive behaviour by a person in a motor vehicle in a declared area:

Summary Offences Act 1966 – SECT 18
Offensive behaviour by a person in a motor vehicle in a declared area

18. Offensive behaviour by a person in a motor vehicle in a declared area

(1) A person is guilty of an offence if-

(a) the person uses words, or makes a gesture, while in a motor vehicle; and

(b) the person does so within the view or hearing of another person in a public place; and

(c) the motor vehicle is (wholly or partly) in an area declared by the Minister under subsection (4); and

(d) the words are likely to offend, or the gesture is likely to offend, a reasonable person.

(2) An offence against subsection (1) is an offence of strict liability.

(3) A person who is guilty of an offence against subsection (1) is liable to a fine not exceeding 5 penalty units.

Note A member of the police force may issue an infringement notice for an offence against subsection (1) (see section 60AA).

(4) The Minister may, by notice published in the Government Gazette, declare one or more areas for the purposes of subsection (1)(c) if the Minister is satisfied that conduct contrary to section 12 or 13 of the Prostitution Control Act 1994 frequently occurs in the area or areas.

(5) A declaration under subsection (4) must specify the particular streets or parts of streets that are included in the area or form its boundary.

(6) Unless sooner revoked, a declaration under subsection (4) expires on the day which is the first anniversary of the day on which it was published in the Government Gazette.

The Maximum Penalty – Offensive behaviour by a person in a motor vehicle in a declared area

According to VIC Law for the charge of Offensive behaviour by a person in a motor vehicle in a declared area,
5 penalty units.

What the Police must prove according to VIC Law for Offensive behaviour by a person in a motor vehicle in a declared area

(a) The accused used words or made a gesture while in a motor vehicle.

(b) The motor vehicle was in an area declared by the minister as a place where certain conduct in breach of the Prostitution Control Act occurs.

(c) The words or gestures used are likely to offend a reasonable person.

(d) The words or gestures were made within the view or hearing of another person in a public place.

Possible Defences under VIC Law – Offensive behaviour by a person in a motor vehicle in a declared area

(a) Duress
(b) Factual dispute
(c) Honest and reasonable mistake of belief
(d) Identification dispute
(e) Lack of intent
(f) Mental impairment
(g) The accused was not within the view or hearing of another person in a public place

In VIC which court will hear the matter – Offensive behaviour by a person in a motor vehicle in a declared area

Magistrates’ Court

 

Date: 09/01/2009