Incoming $230 on the spot fines for vulgar Victorians
Wednesday 1 June 2011 @ 1.05 p.m. | Legal Research
This week, The Baillieu Government will introduce laws granting Police Officers the power to issue $230 on the spot fines for public swearing.
A trial of the law from 2009-2010 resulted in a 29% increase of fines for public offences, including 793 obscene and indecent language fines.
The law as it currently stands outlaws the singing of any obscene song or ballad, the writing or drawing of any obscene word or picture and the use of any obscene language or indecent language.
There are no "legitimate use" defences and the law could be used to fine musicians, artists and comedians.
Moreover, "offensive", "indecent" and "obscene" are not defined, although traditionally, this has been a community standards test.
Liberty Victoria have voiced concerns over the summary nature of the offence which means that individual Police Officers with varying judgments will be the first arbiters in the definition of offensive, obsence or indecent.
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