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This is a Bill, not an Act. For current law, see the Acts databases.


SUMMARY OFFENCES AMENDMENT (FULL-FACE COVERINGS PROHIBITION) BILL 2010




Summary Offences Amendment
(Full-face Coverings Prohibition)
Bill 2010
No     , 2010


A Bill for

An Act to prohibit people wearing full-face coverings in public places.
Clause 1      Summary Offences Amendment (Full-face Coverings Prohibition) Bill 2010




The Legislature of New South Wales enacts:                                             1

 1    Name of Act                                                                      2

           This Act is the Summary Offences Amendment (Full-face Coverings             3
           Prohibition) Act 2010.                                                      4

 2    Commencement                                                                     5

           This Act commences on the date of assent to this Act.                       6




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Summary Offences Amendment (Full-face Coverings Prohibition) Bill 2010

Amendment of Summary Offences Act 1988 No 25                             Schedule 1




Schedule 1             Amendment of Summary Offences Act                                  1
                       1988 No 25                                                         2

      Part 2, Division 2C                                                                 3

      Insert after Division 2B:                                                           4

      Division 2C         Wearing full-face coverings                                     5

      11I    Wearing full-face coverings in public places                                 6

             (1)    A person must not, without reasonable excuse, wear a face             7
                    covering while in a public place.                                     8
                    Maximum penalty: 5 penalty units.                                     9

             (2)    A face covering is any article of clothing or other thing (such as   10
                    a helmet) that hides a person's face in a way that conceals the      11
                    identity of the person.                                              12

             (3)    Without limitation, it is a reasonable excuse for the purposes of    13
                    this section if the wearing of the face covering is reasonably       14
                    necessary in all the circumstances for any of the following          15
                    purposes:                                                            16
                     (a) the lawful pursuit of the person's occupation,                  17
                    (b) participation in a lawful entertainment, recreation or sport,    18
                     (c) such other purposes as may be prescribed by the                 19
                           regulations.                                                  20

             (4)    However, a religious or cultural belief does not constitute a        21
                    reasonable excuse for the wearing of a face covering.                22

             (5)    For the purposes of this section, a face covering can hide a         23
                    person's face in a way that conceals the identity of the person      24
                    even though part of the person's face can still be seen.             25

             (6)    The onus of proof of reasonable excuse in proceedings for an         26
                    offence under subsection (1) lies on the defendant.                  27

             (7)    A person who compels another person, by means of a threat that       28
                    the other person could not reasonably be expected to resist, to      29
                    commit an offence under subsection (1) is guilty of an offence.      30
                    Maximum penalty: 10 penalty units.                                   31




                                                                              Page 3
               Summary Offences Amendment (Full-face Coverings Prohibition) Bill 2010

Schedule 1         Amendment of Summary Offences Act 1988 No 25




             (8)      In this section:                                                   1
                      public place does not include a church.                            2
                      threat means:                                                      3
                       (a) a threat of physical force, or                                4
                      (b) intimidatory or coercive conduct, or other threat, that does   5
                             not involve a threat of physical force.                     6




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