Custody or use of a Laser Pointer in a Public Place
Custody or use of a Laser Pointer in a Public Place is an offence under Section 11FA of the Summary Offences Act 1988 which carries a maximum penalty of 2 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You possessed a laser pointer, and
- You were in a public place at the time
A laser pointer is defined as:
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.
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:
- Shopping centres and stores within them
- Restaurants, pubs and clubs
- Sporting venues, and
- Parks
A defence to the charge is that you had a ‘reasonable excuse’ for possessing the laser pointer this includes, but is not limited to, it being:
- Reasonably necessary for your occupation, education, training or hobby, or
- In your custody to travel to or from that work, education, training or hobby
The onus is on you to prove the reasonable excuse ‘on the balance of probabilities’.
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