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Old 31-05-2011, 10:22 PM   #1
TheInterceptor
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Default Get fined for swearing, in Victoria of course!

http://www.abc.net.au/news/stories/2...31/3231331.htm

Quote:
The Victorian Government plans to introduce laws this week that will give police permanent power to issue on-the-spot fines to people who swear.

Under the proposed legislation, people could be fined close to $240 for language that is considered indecent or offensive.

Attorney-General Robert Clark says the changes mean police will not have to use the courts to deal with people who use bad language.

"We're going to be confirming the power of police to issue on-the-spot infringement notices for these sorts of offences, which will free up police resources," he said.

"It will also enable them to more effectively act against the sort of loud-mouthed, obnoxious behaviour that can make going out to public places unpleasant for other members of the public."



That is incredible.. Its not April 1st is it?

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Old 31-05-2011, 10:24 PM   #2
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Default Re: Get fined for swearing, in Victoria of course!

**** me....
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Old 31-05-2011, 10:36 PM   #3
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Default Re: Get fined for swearing, in Victoria of course!

oops! ........
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Old 31-05-2011, 10:46 PM   #4
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Default Re: Get fined for swearing, in Victoria of course!

I'm sure you won't get fined if they over hear your saying petty swear words to your mates or on the phone in casual conversation, but mouth off at cops and you'll get a nice fine..good thing IMO
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Old 31-05-2011, 10:51 PM   #5
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Default Re: Get fined for swearing, in Victoria of course!

heard this on the age.com.au and i couldn't believe they are going have this as law, add this to this list of Victorian rule book for our nanny state , this state is unbelievable with all ***** rules that they want to introduce , wants next we get for fined for going for a walk
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Old 31-05-2011, 10:51 PM   #6
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Default Re: Get fined for swearing, in Victoria of course!

Or for the dregs that go around saying "C word" this and "C word" that.
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Old 31-05-2011, 10:52 PM   #7
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Default Re: Get fined for swearing, in Victoria of course!

Isn't this from the side of politics that preaches "small government"? I see nothing small about regulating what people can say on the street backed up by the force of the gun.

This will be abused, just like every other nonsensical law in the book.
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Old 31-05-2011, 10:55 PM   #8
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Default Re: Get fined for swearing, in Victoria of course!

Bloody hell. Well I guess I won't be going into the city anytime soon.

This guy must have a real potty mouth!

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Old 31-05-2011, 10:57 PM   #9
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Default Re: Get fined for swearing, in Victoria of course!

from Demolition man
http://www.youtube.com/watch?v=5rVQGT01Kzg
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Old 31-05-2011, 11:00 PM   #10
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Default Re: Get fined for swearing, in Victoria of course!

Quote:
Originally Posted by 5.0
I'm sure you won't get fined if they over hear your saying petty swear words to your mates or on the phone in casual conversation, but mouth off at cops and you'll get a nice fine..good thing IMO

This isnt directed for the police. It is already a punishable offense, to say anything to an officer that they deem innapropriate. For example, swearing, use of the word pig can even land you in hot water.

This new proposal is more geared towards loud mouthed yokels who feel it fine to swear loudly in public places. Attitudes that often result in physical altercations. Be that the MCG or king st.
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Old 31-05-2011, 11:23 PM   #11
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Default Re: Get fined for swearing, in Victoria of course!

So they should. I cannot stand going through a shopping center, which is a family friendly location, and hearing some of the language coming from some peoples mouths. Now I drop the words every now and then through the course of a conversation, but I'd expect these laws would cover the people who scream out across the street or feel the need to drop the f bomb every second word loudly. In family friendly locations, people shouldn't have to listen to it.
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Old 31-05-2011, 11:27 PM   #12
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Default Re: Get fined for swearing, in Victoria of course!

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Originally Posted by Adamz Ghia
So they should. I cannot stand going through a shopping center, which is a family friendly location, and hearing some of the language coming from some peoples mouths. Now I drop the words every now and then through the course of a conversation, but I'd expect these laws would cover the people who scream out across the street or feel the need to drop the f bomb every second word loudly. In family friendly locations, people shouldn't have to listen to it.
The manager of the PRIVATE business would ask the person to leave if they are disturbing other customers, you don't need to sign away the ability to swear in public to the state to achieve family friendly areas.

The wonders of private property.
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Old 31-05-2011, 11:29 PM   #13
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Default Re: Get fined for swearing, in Victoria of course!

Another nail in this nanny state.

Waits for the next 'wonderful' law.
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Old 31-05-2011, 11:32 PM   #14
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Default Re: Get fined for swearing, in Victoria of course!

Walking down a shopping strip or through the city is not private property. This is the biggest media blow up, honestly, do people expect police will go around fining everyone who swears every single time? Fair dinkum, there wouldn't be enough police to police this if they were to get everyone.
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Old 31-05-2011, 11:33 PM   #15
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Default Re: Get fined for swearing, in Victoria of course!

So much for a free country.
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Old 31-05-2011, 11:35 PM   #16
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Default Re: Get fined for swearing, in Victoria of course!

Victoria is a joke. Soon they'll be charging a methane gas, they'll weigh my turds and charge me accordingly, and go through my garbage...
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Old 31-05-2011, 11:40 PM   #17
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Default Re: Get fined for swearing, in Victoria of course!

Quote:
Originally Posted by Adamz Ghia
Walking down a shopping strip
To be fair, the poster I quoted did say shopping center so it is indeed private property and my response would be entirely accurate.

For some reason you think that morality can be forced into people by the state, I believe it is up to the community to raise people in such a way that laws like this aren't necessary.

Freedom of speech is a necessity and it shouldn't be infringed for the majority's sensibilities.
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Old 31-05-2011, 11:44 PM   #18
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Default Re: Get fined for swearing, in Victoria of course!

SA starting to look pretty good isn't it Victorians??
Hehe just jokes guys, seriously though it's a pretty silly law. Someones a little flustered in government, did a younger pollie say the word "damn"? Heavensake whatever shall we do!
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Old 31-05-2011, 11:50 PM   #19
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Default Re: Get fined for swearing, in Victoria of course!

Shopping center is either a strip of shops or a Westfield type set up. That's what they call them down here in Geelong anyways...

It's not immoral to swear. But it's damned inconsiderate in certain situations and yes you are right it is up to the community to raise people so these laws aren't needed. But this isn't happening. I run a few shops and the language I hear from kids these days they deserve nothing less than a slap across the mouth. So what do we do? Can't touch them. I can't reprimand them. I ask them to leave I cop abuse from the street which makes my other customers uncomfortable. Any ideas...?
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Old 31-05-2011, 11:57 PM   #20
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Default Re: Get fined for swearing, in Victoria of course!

Quote:
Originally Posted by uranium_death
and go through my garbage...
They already do that. A lot of councils inspect/audit rubbish and recycling to make sure they aren't throwing away anything questionable.
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Old 01-06-2011, 12:00 AM   #21
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Default Re: Get fined for swearing, in Victoria of course!

Quote:
Originally Posted by Adamz Ghia
Shopping center is either a strip of shops or a Westfield type set up. That's what they call them down here in Geelong anyways...

It's not immoral to swear. But it's damned inconsiderate in certain situations and yes you are right it is up to the community to raise people so these laws aren't needed. But this isn't happening. I run a few shops and the language I hear from kids these days they deserve nothing less than a slap across the mouth. So what do we do? Can't touch them. I can't reprimand them. I ask them to leave I cop abuse from the street which makes my other customers uncomfortable. Any ideas...?
It's just a matter for you to not tolerate such language on your private premises. If you don't want smoking, guns, people with helmets on or martians in your store I'd be supportive of your right to not allow them, but when it comes to the police determining my speech and peaceful actions I have to oppose it.
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Old 01-06-2011, 12:12 AM   #22
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Default Re: Get fined for swearing, in Victoria of course!

Dont get carried away here people.

This legislation is aimed at the trash walking our streets calling everyone every name under the sun and yelling obscenities at the top of their voices in public places because they are ill mannered and have no social skills.

Hell, we all swear but know ones going to get done for dropping a swear bomb in normal conversation while you are walking down the street. But if you're yelling out to your mate at the other end of the street calling him every name under the sun while you drain the last drop out of your goon bag then, cop this sunshine.
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Old 01-06-2011, 02:13 AM   #23
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Default Re: Get fined for swearing, in Victoria of course!

Quote:
Originally Posted by jaydee
Dont get carried away here people.

This legislation is aimed at the trash walking our streets calling everyone every name under the sun and yelling obscenities at the top of their voices in public places because they are ill mannered and have no social skills.

Hell, we all swear but know ones going to get done for dropping a swear bomb in normal conversation while you are walking down the street. But if you're yelling out to your mate at the other end of the street calling him every name under the sun while you drain the last drop out of your goon bag then, cop this sunshine.
I guess it's the same for hoon legislation too. As long as it promises to focus on the dregs of society it's okay, never would normal everyday people have any run ins with the law over it!
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Old 01-06-2011, 03:08 AM   #24
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Default Re: Get fined for swearing, in Victoria of course!

My words are endangering public safety...this isn't a revenue grab at all.
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Old 01-06-2011, 05:50 AM   #25
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Default Re: Get fined for swearing, in Victoria of course!

wow amazing how more nanny state comments pop up.
seemingly you dont know the law, as swearing is already an offence.
There is no "new" law.
The change is now Police can give you an on the spot fine, instead of the matter going to court and wasting time in there.

Every state has laws about offensive language, qld changed its last year in the same way. Police now hand out on the spot fines, instead of a court summons.
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Old 01-06-2011, 06:24 AM   #26
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Default Re: Get fined for swearing, in Victoria of course!

They'd make a killing at a Collingwood home game
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Old 01-06-2011, 06:46 AM   #27
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Default Re: Get fined for swearing, in Victoria of course!

Quote:
Originally Posted by TheInterceptor
http://www.abc.net.au/news/stories/2...31/3231331.htm






That is incredible.. Its not April 1st is it?
Generally this wont apply to normal conversational levels , it will of course be defeated as federal wont support it and unless the language is very bad wont be outside normal accepted social mores , but someone has to make the challenge , personally I prefer not to hear such things in public places although women now take the lead in fithy it needn't be , big fail imho
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Old 01-06-2011, 08:20 AM   #28
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Default Re: Get fined for swearing, in Victoria of course!

The law has got the rights already to fight the "scum"and I'm afraid society allowedyour kids in general to swear , most teens I know have very trashy mouths .and I struggle to have a conversation with them without pulling them up . I don't agree with anyone giving police these powers as mobile ticket / cash machines though . Your Freedom that we fought for is slowly eroding . Sad times indeed
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Old 01-06-2011, 10:10 AM   #29
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Default Re: Get fined for swearing, in Victoria of course!

Think of the Tourettes sufferers!
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Old 01-06-2011, 12:41 PM   #30
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Default Re: Get fined for swearing, in Victoria of course!

It will be an interesting one....

I thought the precedent had already been set by the courts just on a year ago that it is OK and not illegal to swear in public and swear at a cop.

http://www.news.com.au/national/its-...-1225901937675

Quote:
QUEENSLAND magistrate has ruled that it is acceptable for people to tell police officers to "***** off".
Magistrate Peter Smid yesterday threw out the court case against Mundingburra man Bardon Kaitira, 28, who swore at a female officer outside the Consortium night club on December 20, last year at 2.40am, The Townsville Bulletin reports.

Constable Belinda Young gave evidence that Mr Kaitira used the swear word twice towards her after a group of officers patrolling Flinders St East poured out his girlfriend's drink.

"The defendant said '***** off' and starting walking away and I asked: 'What did you say?'," she said.

"He said '***** off" again and then said: 'I don't like the police you think you are all heroes'.

"I told him it was an offence to swear at an officer and gave him two choices - a fine or be arrested."

Mr Kaitira opted to be put in handcuffs and taken to the watch house.

After winning the landmark case he explained outside court why he pleaded not guilty - despite admitting to swearing at Constable Young.

"On the night it was completely over the top and I didn't think it was fair," Mr Kaitira said.

"Most people just cop a fine but I didn't want to do that."

The defendant instead read through hundreds of similar legal cases before employing a leading criminal barrister and a solicitor to take on his public nuisance case at a cost of $4622.11.

It was worth it for the horticulturist as Magistrate Smid said he was not satisfied Mr Kaitira committed an offence and police could be liable for his legal bills.

"The defendant spoke normally, he had his hands in his pockets and walked away," Magistrate Smid said.

"It's not the most polite way of speaking but those who walk the beat would be quiet immune to the words."

The magistrate said overall the conduct of the defendant was not a nuisance to the public because it didn't interfere with fellow night club goers.

"It was overkill by the officer who was not offended anyway," Mr Smid said.

"But she pursued him clearly annoyed he hadn't shown remorse."

Defence barrister Justin Greggery said the case was "doomed to fail" from the start, arguing that saying the f-word to police was "not an offence".

"It was simply ***** off - a common enough expression which wasn't descriptive like ***** you or you *****," he said.

"Really the word has lost its affect due to its use in books, films, and general speech."

Mr Greggery added that police were trying to criminalise language, which set a dangerous precedent.

"When they try to set the bar this low they are saying the word ***** is criminal conduct," he said.

"This is language they use themselves on the job (while arresting offenders and to other officers)."

However, police prosecutor Sergeant Richard Scholl argued Mr Kaitira's code of conduct was offensive and stinging towards the policewoman.

"He displayed behaviour and made jibes with the intention to insult. Police should be shielded from this type of language and the community cannot accept it's OK for a private citizen to tell police to ******* off," he said.

Queensland Police Union President Ian Leavers agreed and called for an urgent appeal of the case, which could set a precedent in Queensland law.

"It is a sad day when the courts and government say it is OK to use four letter words at police," he said.

"To say it's OK to use offensive language at police in the street, who are just doing their job makes, no sense at all."

Mr Smid will decide today whether the Queensland Police Service will cover Mr Kaitira's legal bills, which legal counsel later reduced to $2527.50 after a successful outcome.

By law the maximum amount that can be reimbursed is $1500.

The case follows that of Sydney student Henry Grech, who was cleared in May of an offensive language charge against police after a local court magistrate ruled the word "pr!(k" was part of every-day speech.
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