Overview of Bill

The objects of this Bill are as follows:

(a) to amend the Summary Offences Act 1988:

        (i) to make it an offence for a person who has been given a move on
direction by a police officer for being intoxicated and disorderly in a
public place to be intoxicated and disorderly in that or another public
place at any time within 6 hours after the direction is given, and
        (ii) to require the Ombudsman to prepare a report on the operation of, and
the issue of any penalty notices in connection with, the offence after the
offence has been in operation for 12 months,

(b) to amend the Law Enforcement (Powers and Responsibilities) Act 2002 to
allow police to issue move on directions for disorderly behaviour and to detain
an intoxicated person otherwise than for the purpose of taking proceedings for
an offence,

(c) to amend the Criminal Procedure Regulation 2010 to provide for the issuing
of penalty notices in connection with the offence.

Outline of provisions

Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days to be
appointed by proclamation.

Schedule 1 Amendment of Summary Offences Act
1988 No 25
Schedule 1 [2] makes it an offence for a person who has been given a move on
direction for being intoxicated and disorderly in a public place to be intoxicated and
disorderly in the same or another public place at any time within 6 hours after the
direction is given. A move on direction is a direction given to a person by a police
officer to leave a public place and not return for a specified period under section 198
of the Law Enforcement (Powers and Responsibilities) Act 2002. Six hours is the
maximum period for which a person can be directed under that Act to leave a public
place and not return. The maximum penalty for the offence is 6 penalty units.

It is necessary to prove a move on direction was given within 6 hours before the
person was found to be intoxicated and disorderly in a public place, but it is not
necessary to prove that the person contravened the move on direction by being so
intoxicated and disorderly in the public place at the time concerned. A person can be
guilty of an offence under the new section if the conduct occurs after the move on
direction lapses (that is, in a case where the move on direction has effect for less than
6 hours) or if the conduct occurs in a public place to which the direction does not
apply. However, if a person is intoxicated and disorderly in a public place in
contravention of a move on direction, the person cannot be proceeded against or
convicted for both the new offence and the existing offence of failing to comply with
a move on direction in relation to the same conduct.

It is a defence to a prosecution for the new offence if the defendant satisfies the court
that the defendant had a reasonable excuse for conducting himself or herself in the
manner alleged.

Schedule 1 [3] requires the Ombudsman to prepare a report on the operation of, and
issue of penalty notices in respect of, the new offence under proposed section 9 after
the offence has been in operation for 12 months. The Ombudsman must furnish a
copy of the report to the Attorney General and the Commissioner of Police. The
Attorney General must lay (or cause to be laid) a copy of the report before both
Houses of Parliament as soon as practicable after receiving the report.

Schedule 1 [1] makes a minor amendment that is consequential to the addition of a
note to the Summary Offences Act 1988.

Schedule 1 [4] enables savings and transitional regulations to be made as a
consequence of the proposed Act.

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Explanatory note page 3

Summary Offences Amendment (Intoxicated and Disorderly Conduct) Bill 2011
Explanatory note
Schedule 2 Amendments to other legislation
Schedule 2.1 prescribes the new offence under proposed section 9 of the Summary
Offences Act 1988 as a penalty notice offence, with the amount of the penalty
prescribed as $200.

Schedule 2.2 amends the Law Enforcement (Powers and Responsibilities) Act 2002.

Currently, a police officer may make a move on direction only if the police officer
reasonably believes that the person's behaviour is likely to either cause injury to any
other person or damage to property or otherwise give rise to a public safety risk.

Schedule 2.2 [1] provides for an additional ground on which a police officer may
make a move on direction, being if the police officer believes on reasonable grounds
that the intoxicated person's behaviour is disorderly. Accordingly, in light of the new
ground on which a move on direction may be made, Schedule 2.2 [2] requires that
such a direction must be reasonable in the circumstances for the purpose of
preventing the continuance of disorderly behaviour in a public place.

Schedule 2.2 [3] requires a police officer who gives a move on direction to a person
on the grounds that the person is intoxicated and disorderly in a public place to warn
the person that it is an offence to be intoxicated and disorderly in that or any other
public place at any time within 6 hours after the direction is given. This requirement
applies in addition to the other requirements of section 201 of the Law Enforcement
(Powers and Responsibilities) Act 2002.

Schedule 2.2 [4] provides that a police officer may detain an intoxicated person
under Part 16 of the Law Enforcement (Powers and Responsibilities) Act 2002 even
if behaviour constitutes an offence under proposed section 9 of the Summary
Offences Act 1988, if the detention is not for the purpose of taking proceedings for
the offence. This will ensure that police officers can continue to detain intoxicated
persons under that Part for the purposes of their care and safety.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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