Legislation for Naturists

Section 9 Summary Offences Act

Willful Exposure

http://www7.austlii.edu.au/cgi-bin/viewdoc/au/legis/qld/consol_act/soa2005189/s9.html

(1) A person in a public place must not wilfully expose his or her genitals, unless the person has a reasonable excuse. Penalty—  Maximum penalty— (a) 2 penalty units; or
(b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.
 

(2) A person who is so near a public place that the person may be seen from the public place must not wilfully expose his or her genitals so that the person’s genitals may be seen from the public place, unless the person has a reasonable excuse. Penalty—  Maximum penalty— (a) 2 penalty units; or
(b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.

(3) It is a circumstance of aggravation for this section for a person to wilfully expose his or her genitals so as to offend or embarrass another person.

A person in a public place, or visible from a public place, must not wilfully expose their genitals unless they have a reasonable excuse (s 9 Summary Offences Act). This charge is commonly used for nude sunbathers, flashers, streakers and people who urinate in public areas (e.g. hotel car parks).  The Summary Offences Act introduced a defence where a person has a reasonable excuse for the exposure. It is anticipated that the reasonable excuse defence may be open if a defendant is able to demonstrate that there were no public toilet facilities available for use prior to their public urination.  The maximum penalty for wilful exposure is $235.60. It is a circumstance of aggravation for a person to wilfully expose their genitals in the attempt to offend or embarrass another person. Where a circumstance of aggravation exists, the maximum penalty is increased to $4712 or one year imprisonment.

Great information resources can be found here: 

https://queenslandlawhandbook.org.au/the-queensland-law-handbook/offenders-and-victims/street-offences/offences-relating-to-community-use-of-public-places/

https://www.harperfinch.com.au/is-nude-sunbathing-on-private-property-legal-queensland/

Summary Offences Act 1988 No 25

https://legislation.nsw.gov.au/view/html/inforce/current/act-1988-025#sec.5

Section 5 - Obscene exposure

A person shall not, in or within view from a public place or a school, wilfully and obscenely expose his or her person. Maximum penalty: 10 penalty units or imprisonment for six months.

LOCAL GOVERNMENT ACT 1993 - SECT 633

 http://www5.austlii.edu.au/au/legis/nsw/consol_act/lga1993182/s633.html

Bathing (including nude bathing) and other water-based recreational activities 633 Bathing (including nude bathing) and other water-based recreational activities     

(1) A person who, in a place being--         

 (a) a public bathing place under the control of a council, or           

 (b) a river, watercourse or tidal or non-tidal water, or           

 (c) the sea adjacent to (although outside) an area, or           

 (d) a public place adjacent to any of those places, fails to comply with the terms of a notice erected by the council is guilty of an offence.          : Maximum penalty--10 penalty units.       

(2) A person who is in public view in the nude in any place (other than a designated beach) referred to in subsection 

(1) is guilty of an offence unless a notice erected by the council at the place allows the use of the place (or part of the place) for the purposes of nude bathing.          : Maximum penalty--10 penalty units.       

(3) A council may erect a notice--         

 (a) on land vested in or under the control of a council, or          

 (b) on any other land, with the consent of the person who owns or controls the land.       

(4) The terms of a notice referred to in this section may relate to one or more of the following--         

 (a) the conduct and costume of the bathers in the place,          

 (b) the use of the place (or any part of the place open to public view) for the purposes of nude bathing,         

 (c) the use of water-based recreational equipment in the place.

(4A) However, a notice referred to in this section cannot prohibit--            (a) the use of a designated beach for the purposes of nude bathing, or            (b) a person from otherwise being in the nude at a designated beach.       

(4B) Accordingly, any such notice (whether erected before or after the commencement of the Local Government Amendment (Nude Bathing) Act 1996 ) that purports to prohibit the use of a designated beach for the purposes of nude bathing, or that purports to prohibit a person from otherwise being in the nude at a designated beach, has no effect on or after that commencement.       

(4C) A notice referred to in this section cannot prohibit or regulate the use of any waters by a vessel (within the meaning of the Ports and Maritime Administration Act 1995 )--          

 (a) in the case of a notice erected after the commencement of this subsection--unless the Minister administering that Act has consented to the erection of that notice, or          

 (b) in the case of a notice erected before that commencement--if the Minister administering that Act has directed the council to remove the notice.       

(5) The terms of a notice referred to in this section may--         

 (a) apply generally or be limited in their application by reference to specified exceptions or factors, or          

 (b) apply differently according to different factors of a specified kind,       or may do any combination of those things.

 (6) In this section--      "designated beach" means any of the following beaches, or any part of the following beaches (including the sea adjacent to any such beach)--          

Lady Bay (Lady Jane) Beach           

Cobblers Beach           

Obelisk Beach           

Werrong Beach           

Samurai Beach

Great information resources can be found here: 

https://www.gotocourt.com.au/criminal-law/nsw/public-nudity/

https://www.sydneycriminallawyers.com.au/blog/what-is-obscene-exposure-in-new-south-wales/

In Victoria, obscene exposure carries a maximum penalty of 2 years imprisonment. A person will be found guilty of obscene exposure under section 19 of the Summary Offences Act 1966 if they wilfully and obscenely expose the genital area of their body in front of or within the view of a public place.

SUMMARY OFFENCES ACT 1966 - SECT 19 Sexual exposure SUMMARY OFFENCES ACT 1966 - SECT 19 Sexual exposure

http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/soa1966189/s19.html

(1)     A person (A) commits an offence if—         

 (a)     A exposes (to any extent) A's genitals; and         

 (b)     A intends to expose (to any extent) A's genitals; and          

 (c)     the exposure is sexual; and         

 (d)     the exposure is in, or is within the view of, a public place.     

(2)     A person who commits an offence against subsection (1) is liable to level 7 imprisonment (2 years maximum).      

(3)     It is not a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not sexual.      

(4)     It is a defence to a charge for an offence against subsection (1) that, at the time of the conduct constituting the offence, A was under a mistaken but honest and reasonable belief that the exposure was not in, or within the view of, a public place.      

(5)     For the purposes of subsection (1), A's exposure of A's genitals may be sexual due to—          

 (a)     the fact that A seeks or gets sexual arousal or sexual gratification from the exposure; or          

 (b)     any other aspect of the exposure, including the circumstances in which it takes place and whether it is contrary to community standards of acceptable conduct.      

(6)     A's exposure of A's genitals is not sexual only because it is the genitals that are exposed.  S. 19(7) inserted by No. 5/2018 s. 20.      

(7)     In this section, a reference to genitals includes a reference to surgically altered or constructed genitals. 

 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— 

Great information resources  can be found here:

https://www.armstronglegal.com.au/criminal-law/vic/offences/obscene-exposure/

Nudity (Prescribed Areas) Act 1983

http://www.austlii.edu.au/au/legis/vic/hist_act/naa1983236.pdf

SUMMARY OFFENCES ACT 1953 - SECT 23

http://www5.austlii.edu.au/au/legis/sa/consol_act/soa1953189/s23.html

23—Indecent behaviour and gross indecency

        (1)         A person who behaves in an indecent manner—

            (a)         in a public place, or while visible from a public place, or in a police station; or

            (b)         in a place, other than a public place or police station, so as to offend or insult any person,

is guilty of an offence.

Maximum penalty: $1 250 or imprisonment for 3 months.

        (2)         A person who, in a public place, or while visible from a public place or from occupied premises, wilfully does a grossly indecent act, whether alone or with another person, is guilty of an offence.

Maximum penalty: $2 500 or imprisonment for 6 months.

CRIMES ACT 1900 - SECT 393 Indecent exposure

http://www5.austlii.edu.au/au/legis/act/consol_act/ca190082/s393.html  

A person who offends against decency by the exposure of his or her person in a public place, or in any place within the view of a person who is in a public place, commits an offence.  Maximum penalty: 20 penalty units, imprisonment for 1 year or both.

A great information resource can be found here:

https://www.armstronglegal.com.au/criminal-law/act/offences/sexual-offences/indecent-exposure/

Police Offences Act 1935 Section 14. Public decency

https://www.legislation.tas.gov.au/view/whole/html/inforce/current/act-1935-044

(1)  A person, in any public place or within sight of any person in a public place, must not bathe in any river, lake, harbour or stream or sunbathe unless –                 

 (a) the person is decently clothed; or                  

 (b) the conduct is authorised in that place by the appropriate council.

(2)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

Western Australia Criminal Code Section 203

https://www.slp.wa.gov.au/statutes/swans.nsf/%28DownloadFiles%29/Criminal+Code.pdf/%24file/Criminal+Code.pdf

203. Indecent acts in public 

(1) A person who does an indecent act — 

(a) in a public place or in the sight of any person who is in a public place; 

or (b) in a police station or lock-up, is guilty of a crime and is liable to imprisonment for 2 years. Summary conviction penalty: imprisonment for 9 months and a fine of $9 000. 

(2) A person who owns, or has the control or management of, a place to which the public is admitted, whether on payment of consideration or not, and who permits a person to do an indecent The Criminal Code Part IV Acts injurious to the public in general Ch. XXII Offences against morality s. 204 page 112 Consolidation 12a act in that place is guilty of a crime and is liable to imprisonment for 2 years. Summary conviction penalty: imprisonment for 9 months and a fine of $9 000. 

(3) It is a defence to a charge of an offence under this section to prove that it was for the public benefit that the act complained of should be done. 

(4) Whether the doing of any such act is or is not for the public benefit is a question of fact. 

[Section 203 inserted by No. 70 of 2004 s. 21.]

A great resource can be found here:

https://perth.australiancriminallawyers.com.au/offences/indecent-acts-in-public

Northern Territory Consolidated Acts

SUMMARY OFFENCES ACT 1923 - SECT 50

http://classic.austlii.edu.au/au/legis/nt/consol_act/soa1923189/s50.html

SUMMARY OFFENCES ACT 1923 - SECT 50 

Penalty for indecent exposure of the person  

Any person who offends against decency by the exposure of his person in any street or public place, or in the view thereof, shall be guilty of an offence.  

Penalty:     $2,000 or imprisonment for 6 months, or both.