Text as at 26 April 2026

This provision has not been checked by a human. The text below was read automatically from the official PDF and has not yet been verified against it, so it may differ from the provision as published — in its wording, its numbering, or where one provision ends and the next begins. For the authorised text, see legislation.vic.gov.au.

195K Grossly offensive public conduct

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

(a)the offender engages in conduct that grossly offends community standards of acceptable conduct; and

(b)that conduct—

(i)is engaged in at a public place; or

(ii)is seen or heard by a person in a public place; and

(c)the offender knows that, or is reckless as to whether—

(i)the place at which the conduct is engaged in is a public place; or

(ii)the conduct is likely to be seen or heard by a person in a public place; and

(d)the offender knows, or a reasonable person would know, that the conduct would likely grossly offend community standards of acceptable conduct.

(2)A person who commits an offence against subsection (1) is liable to level 6 imprisonment (5 years maximum).

(3)A reference in subsection (1) to conduct being seen or heard does not include seeing or hearing it by using electronic communication.

(4)A person's conduct does not grossly offend community standards of acceptable conduct just because—

(a)the person uses language that is profane, indecent or obscene; or

(b)the person is intoxicated.

(5)It is a defence to a charge for an offence against subsection (1) if the accused engaged in the conduct reasonably and in good faith—

(a)in the performance, exhibition or distribution of an artistic work; or

(b)in the course of any statement or publication made, or discussion or debate held, or any other conduct engaged in, for—

(i)a genuine political, academic, educational, artistic, religious, cultural or scientific purpose; or

(ii)a purpose that is in the public interest; or

(c)in making or publishing a fair and accurate report of any event or matter of public interest.

(6)In this section— public place means—

(a)a public place within the meaning of section 3 of the Summary Offences Act 1966; or

(b)a non-Government school within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006; or

(c)a post-secondary education institution within the meaning of section 1.1.3(1) of the Education and Training Reform Act 2006.