Continuing Behaviour after a Move on Direction

Continuing Behaviour after a Move on Direction is an offence under Section 9 of the Summary Offences Act which carries a maximum penalty of $1650.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You were given a move on direction for being intoxicated and disorderly in a public place, and
2. You were intoxicated and disorderly at the same or another public place within 6 hours of the direction

A ‘move on direction’ is a direction given by a police officer for you to leave a public place and not return for a specified period of time.

You are considered to be ‘intoxicated’ if:

1. Your speech, balance, coordination or behaviour is noticeably affected, and
2. It is reasonable for the officer to believe this is due to alcohol or a drug

A ‘public place’ is:

A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons it includes privately owned places that are open to the public, such as:

1. Shopping centres and stores within them
2. Restaurants, pubs and clubs
3. Sporting venues, and
4. Parks