Victorian Current Acts

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SUMMARY OFFENCES ACT 1966 - SECT 17

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

S. 17(1) amended by Nos 9509 s. 11(1), 9554 s. 2(2)(Sch. 2 item 313) (as amended by No. 9902 s. 2(1)(Sch. item 194(a)(b)), 9945 s. 3(1) (Sch. 1 item 100).

    (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;

S. 17(1)(b) amended by No. 8267 s. 6.

        (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.

S. 17(1A) inserted by No. 47/2016 s. 24.

    (1A)     For the purposes of subsection (1)(d), behaviour that is indecent offensive or insulting includes behaviour that involves a person exposing (to any extent) the person's anal or genital region.

Example

Mooning or streaking.

S. 17(2) amended by No. 37/2014 s. 10(Sch. item 160.8).

    (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 police officer who is present to remove such person from the hall room or building or the neighbourhood thereof and the police officer shall remove such person accordingly.

S. 17(3) inserted by No. 9519 s. 2.

    (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.

S. 17(4) inserted by No. 9519 s. 2, amended by No. 37/2014 s. 10(Sch. item 160.8).

    (4)     Where a person is liable to be removed from a meeting under subsection (3) the Chairman may verbally direct any police officer 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 police officer shall remove such person accordingly.

S. 17A inserted by No. 92/2009 s. 6, amended by No. 18/2010 s. 52.



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