Asked to move on in Victoria?

What the legislation that applies in Victoria says about a police direction to leave a public place — who can give one, how long it can keep you away, and what happens if you do not go.

Right now, being safe beats being right. If someone is asking you to move, you can move and challenge it later. That route keeps you out of trouble; arguing on the spot rarely does. Write down what happened as soon as you can — time, place, who, and what they said.

What the Act says

Read from the Summary Offences Act 1966 (Vic) and the Sentencing Act 1991 (Vic), section by section.

s 6(1) — In Victoria a police officer, or a protective services officer on duty at a designated place, may direct a person in a public place to leave it, on reasonable suspicion that the person is breaching or likely to breach the peace, is endangering or likely to endanger anyone else’s safety, or is behaving in a way likely to cause injury or property damage or otherwise a risk to public safety.

s 6(2) — A Victorian move-on direction may be given orally, so there is not necessarily anything in writing.

s 6(3) — A Victorian direction can require a person not to return to the place, or that part of it, for a specified period of not more than 24 hours.

s 6(4) — Contravening a Victorian move-on direction without reasonable excuse is an offence carrying a maximum penalty of 5 penalty units.

s 111 — In Victoria a penalty set out at the foot of a provision of an Act or a subordinate instrument is a maximum: the offence is punishable by a penalty not exceeding the one set out.

s 6(5) — The Victorian move-on power does not apply to a person picketing a place of employment, or demonstrating or protesting about a particular issue.

What this page does not tell you

Only the police powers above have been read against Victoria's legislation. Whether anyone other than police — a council or government officer, a security guard or a landholder — can require you to leave is a different question under different law, and this site has not read it for Victoria — so it does not answer it. An absence here is not a finding that nobody else can ask you to go.

Other states draft this differently enough that their wording would mislead you: how the jurisdictions compare.

Wherever you are

If you have nowhere else to go tonight, that is the more urgent problem and it has its own page: the services that can help you find a bed, by state. If you are in immediate danger, call 000.

Whatever a page says, the sign in front of you and the person standing there are the immediate facts. This site publishes legal information, not legal advice — it describes what the law says in general, never what you should do in your situation.

Sleeping in your car in Victoria

Where this comes from

“may give a direction to a person or persons in a public place to leave the public place, or part of the public place, if the police officer or protective services officer suspects on reasonable grounds that” “the person is or persons are breaching, or likely to breach, the peace” “the person is or persons are endangering, or likely to endanger, the safety of any other person” “the behaviour of the person or persons is likely to cause injury to a person or damage to property or is otherwise a risk to public safety” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
“A direction under this section may be given orally.” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
“A direction under this section may direct the person or persons not to return to the public place or part of a public place or not to be in that public place or part for a specified period of not more than 24 hours.” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
“A person must not without reasonable excuse contravene a direction given to the person under this section.” “Penalty: 5 penalty units.” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
“A penalty set out at the foot of a provision of an Act, subordinate instrument or local law must, unless the context otherwise requires, be construed as indicating that a contravention (whether by act or omission) of the provision is an offence against the Act, subordinate instrument or local law punishable on a finding of guilt (with or without recording a conviction as required by section 7) by a penalty not exceeding that set out.” — Sentencing Act 1991, authorised version No. 234 incorporating amendments as at 30 September 2026, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
“This section does not apply in relation to a person who, whether in the company of other persons or not, is” “picketing a place of employment” “demonstrating or protesting about a particular issue” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.