Mitchell Toy: 15 laws often questioned in Victoria

THERE’S no law saying you can’t eat dog meat or marry your cousin but parking on your own nature strip is technically illegal. From accessing the dark web to driving barefoot, here are 15 obscure Victorian laws.

The government has the right to refuse to register a child’s name based on taste.

ARE you legally entitled to eat cat or dog meat? Is parking on your own nature strip allowed? And do you have the right to marry your own cousin?

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Here are 15 areas of law in Victoria that are often pondered about.

The following should not be taken as legal advice. If you have doubt about the legality of any activity, it’s best to get your own independent legal advice.

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IS IT LEGAL TO ...

Park on a nature strip

Believe it or not, it’s illegal, even outside your own place.

But like a lot of laws in this space, you’d probably be unlucky to get done for it.

When you parallel park on the road, you must also leave a space of a least one metre between the cars in front and behind.

Sorry, that’s a no go.

Drive in thongs or barefoot

There’s no specific law about what sort of footwear is appropriate for driving a car in Victoria.

But drivers do have an obligation to make sure they have proper control of the vehicle at all times.

That means if you’re wearing platform disco boots, you’re better off driving barefoot, which is perfectly legal.

Eat while driving

Similar to the footwear rule, there’s no specific law prohibiting eating while driving, but you must have proper control of the vehicle.

Eating while driving can very often mean the driver doesn’t have proper control, and that can be a legal problem.

So if you’ve got two hands wrapped around a souvlaki, for God’s sake, pull over.

Marry your first cousin

Go right ahead.

Marriages between first cousins are perfectly legal and carried out across Australia.

And if you marry your cousin, you’re even allowed to have children.

Although some believe the practice increases the risk of recessive diseases, the law is unlikely to change any time soon.

Marriage between siblings or other close relatives remains illegal.

The age of marriage in Australia is generally 18, but the marriage of a person aged 16 can be granted in exceptional circumstances.

Marriages between first cousins are perfectly legal and carried out across Australia.

Ask an applicant’s age in a job interview

Employers are not allowed to discriminate on the basis of age, but sometimes the job might call for it, for example, if a person wants to serve alcohol at a bar the employer had better be sure they’re over 18.

Although asking the age of a prospective employee should be avoided in most circumstances to steer clear of legal problems, once the person is hired they will probably have to provide their date of birth for tax purposes so it’s likely their employer will incidentally know their age eventually.

Access the dark web

The dark web can be difficult to define and is often confused with the largely benign deep web.

The deep web could be classified as anything that can’t be found by search engines or through regular means on the internet.

The dark web could be defined as a network of secretive and commonly illegal activity used by people who usually block their IP address — the digital fingerprint you leave when you visit websites.

This is usually done by downloading and operating a program such as TOR, The Onion Router, which makes you more or less invisible.

It’s legal to use TOR, but beware. The dark web can be a sick place full of unimaginable illegal activity that is best left alone.

Carry a dog in the back of a ute without a leash

That’s a no-no.

It’s legal to carry dogs in an open-topped vehicle such as a ute in Victoria, but they have to be tethered so they can’t jump or fall out.

There is an exception for dogs that are in the act of farm work such as herding up cattle or sheep, and may need to jump in and out of a tray as that work requires.

Eat dog and cat meat

There is no specific law saying you can’t eat cat or dog meat in Victoria.

But there is also no law authorising it, and extensive laws around animal cruelty mean there are few circumstances under which you could do it legally.

In any event, the sale of cat and dog meat is off limits.

Maybe stick to chook.

Name your child Satan or Christ

Believe it or not, the Victorian Government has the right to refuse to register a child’s name based on taste and demand they be named something else.

Names that have been knocked back in the past include Satan, Christ, Anzac, Australia and Honour.

Names that are too similar to official titles, such as Lady, King, Judge, General and Prime Minister are also not allowed.

Ride a bike on the footpath

You are only allowed to ride a bike on the footpath in Victoria if you are under the age of 12, if you’re an adult who is supervising someone who is under the age of 12, or if you have a medical certificate stating you can ride on the path.

Every bike must be fitted with at least one working brake and one working bell or warning device.

Cycle lanes OK. Footpaths? Not usually.

Record a phone conversation

In Victoria it is legal to record a private conversation in which you are involved, but not OK to record a private conversation in which you are not involved.

But sharing that recording later can potentially be unlawful.

It is always best to get legal advice before recording or sharing a recording of any conversation.

Distil your own alcohol at home

No, unless you have an excise manufacturer licence, even if you’re making alcohol for personal consumption.

Whether you have a licence or not, excise is payable on the alcohol you make.

The fine for illegally distilling alcohol can reach $85,000 and serious offenders can face jail time.

But you can own a still of five litres or less legally, if you’re not using it to distil alcohol.

Grow cannabis at home for personal use

Sorry — no.

Cannabis is classified as a drug of dependence in Victoria and cultivating it in your home counts as possession.

If a person caught with a small amount and it’s their first offence, they will usually get a police caution instead of being charged.

Although medicinal marijuana is legal to grow under controlled conditions, home cultivation remains illegal.

Growing your own marijuana counts as possession.

Carry a pocket knife

You are not allowed to carry knives, including Swiss Army knives, box cutters or kitchen knives, without a lawful excuse.

That excuse can be that you need the knife for work or sport.

But a lawful excuse doesn’t include self defence.

If police believe you are carrying a knife illegally they can search you without a warrant and take the knife.

Certain weapons such as butterfly knives and knuckle dusters are illegal to have unless you get a special permit.

Vape or smoke e-cigarettes

It remains illegal to sell, use or possess vaping and e-cigarette products that contain nicotine.

But it is legal to use e-cigarettes that do not contain nicotine and they can be used wherever it is permitted to smoke normal cigarettes.