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Offensive Behaviour

Offensive Conduct

It is an offence to behave in an ‘offensive manner’ in or near, or within view or hearing of a public place or school. The law doesn’t tell you exactly what to do – it is up to you to think about whether you are behaving in a way that a reasonable person would find offensive. You can be fined up to $660 or sent to prison for up to 3 months.

Offensive Language

You must not use offensive language in or near, or within hearing distance from a public place or a school unless you have a reasonable excuse. You can be fined up to $660, or ordered to perform up to 100 hours of community service.

Obscene Exposure

You are not allowed to expose yourself in an obscene way in or within view from a public place or a school. Things that might seem funny to you or your friends, like someone dropping their pants for fun, can get you into real trouble if done in a public place or where other people passing by can see you. You can be fined up to $1,100 or sent to prison for up to six months.

Obstruct Traffic

It is against the law to try to obstruct someone walking past or to obstruct traffic going down a road unless you have a reasonable excuse. You can be fined up to $440.

Entering into a Vehicle or Boat

It is an offence to enter a car or boat or go into an unlocked car or boat without permission of the owner, even if you do not damage the car or take anything. You can be fined up to $440.

Damaging Fountains

You are not allowed to damage or climb on fountains or throw anything into a fountain. You can be fined up to $440.

Damaging shrines, monuments or statues

There are serious penalties if you damage a shrine, monument or statue in a public place, including war memorials. This includes putting any form of graffiti on them. You can be fined up to $4,400.

It is also an offence to act in an offensive or indecent way on any war memorial. You can be fined up to $2,200 for acting in an inappropriate way on a war memorial, even if you don’t damage it, or you can be ordered to perform community service. You can also be ordered to pay for the damage you cause.

Climbing on or jumping from buildings or other structures

If you climb up buildings or bridges, or try to jump from them, you could hurt yourself and others if you fall or drop something. For this reason, you are not allowed to climb or jump from buildings or other structures, like cranes or bridges unless you have a reasonable excuse for doing it. You can be fined up to $1,100 and/or be sent to prison for up to 3 months.

Laser Pointers

Most people know what laser points are – they are battery-operated machines, usually small enough to hold, which send out a laser beam to target or point at something a long way away. You should know that there are laws about using them and even carrying them with you, because they can cause serious accidents, especially if pointed at drivers in cars or at pilots in planes.

You are not allowed to use or carry a laser pointer in a public place like the street or shopping mall, or even in a public park, without a reasonable excuse such as; it is necessary for your work or training. You can be fined up to $5,500 or sent to prison for 2 years, or both.
New laws also restrict who can have and use laser pointers with a power level of greater than one milliwatt. From 18 July 2008 you will require a permit to possess or use such a laser pointer, unless an exemption applies to you.

To apply for a permit, you will need to contact the Firearms Registry on 1300 362 562 or visit NSW Police site. 

Permits will only be issued to applicants who have a genuine reason for having such a device, such as if the laser pointer is necessary for your work.
How you behave in a group

If 3 or more people in a group act in a way that is violent or threaten to be violent so that a reasonable person would be scared of being hurt, each of the people in the group using or threatening violence commits an offence. This includes being violent to other people or property.

It doesn’t matter whether anyone else is there – even by yourselves in a park or other public place, if you and your friends are caught acting in a violent way that would frighten someone who was there, you can get into trouble. Each person can be fined up to $1,100 or sent to prison for up to 6 months.

Carrying things which can hurt people – ‘Offensive Implements’

It is against the law to carry anything made or intended to be used to hurt a person or property in a public place or school unless you have a reasonable excuse. You can be fined up to $5,500 or sent to prison for up to 2 years.

Knives

It is against the law to carry a knife in a public place or school without a reasonable excuse. For example, it is okay to take a knife for a picnic, or to carry a knife to work if you are a chef, or for legitimate religious purposes. But it is not a reasonable excuse to say that you are carrying a knife for self-defence.

The first time you are caught you can be fined up to $550. The second time, you can be fined up to $1,100 and you can be sent to prison for up to 12 months, or both. After that, if you have been caught more than twice before, you can be fined up to $2,200 or sent to prison for up to 2 years, or both.

If you use or carry a knife so that it can be seen in a public place or at school, without a reasonable excuse when someone else is around,you can be fined up to $5,500 or sent to prison for up to 2 years.

Police powers to give you a reasonable direction to ‘move-on’

Young people have the right to use and enjoy public places like parks and beaches and shopping malls like anyone does. But some types of behaviour can result in you being asked to move on by the police and go somewhere else, or being asked to stop doing what you or your friends were doing.

It is not okay to do any of these things in a public place:-

• harass or intimidate another person;
• obstruct another person or obstruct traffic;
• act in a way that is likely to frighten a reasonable person or
• buy or supply drugs.

If police believe on reasonable grounds that you and your friends are doing any of these things, a police officer can give you a reasonable direction, which might be to stop doing what you were doing or to move away from that place. .

If the police officer has warned you that it is an offence to disobey the direction you have been given, and you still disobey the direction, without a reasonable esxcuse you can be given an on-the-spot fine of $220, or you could be arrested and charged, or given a notice to attend court.

Rock Throwing

Sometimes you hear about someone who has thrown a rock from a bridge onto moving traffic, sometimes with terrible injury to the passengers of the car. It is very dangerous.

It is against the law to deliberately throw a rock or anything else on a car, or train or boat or bicycle if there is a person inside or on it, if it risks the safety of any person. Even if you miss, you can be in serious trouble. You can go to prison for up to 5 years if you are convicted.