Section 11FA Summary Offences Act – Laser Pointer

The Legislation

Section 11FA of the Summary Offences Act 1998 (NSW) is the criminal offence of Laser Pointer and is stated below.

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11FA Custody or use of laser pointer in public place

(1) A person must not, without reasonable excuse (proof of which lies on the person):
(a) have in his or her custody a laser pointer in a public place, or
(b) use a laser pointer in a public place.
Maximum penalty: 50 penalty units or imprisonment for 2 years, or both.

(2) Without limitation, it is a reasonable excuse for the purposes of this section for a person:
(a) to have custody of, or use, a laser pointer if the custody or use is reasonably necessary in all the circumstances for the lawful pursuit of the person’s occupation, education, training or hobby, or
(b) to have custody of a laser pointer if the person has custody during travel to or from or incidental to that occupation, education, training or hobby.

(3) The regulations may provide that this section does not apply to or in relation to any specified class or description of laser pointer.

(4) In this section:”laser pointer” means a hand-held battery-operated device, designed or adapted to emit a laser beam, that may be used for the purposes of aiming, targeting or pointing.