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Queensland
Summary Offences Bill 2004
Queensland
Summary Offences Bill 2004
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Notes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Offences
Division 1 Offences about quality of community use of public places
5 Object of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
6 Public nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
8 Begging in a public place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
9 Wilful exposure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Being drunk in a public place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Division 2 Offences involving presence on property
11 Trespass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
12 Persons unlawfully gathering in or on a building or structure . . . . 8
13 Unlawfully entering farming land, etc. . . . . . . . . . . . . . . . . . . . . . 9
14 Unregulated high-risk activities . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Division 3 Possession offences
15 Possession of implement in relation to particular offences. . . . . . 10
16 Unlawful possession of suspected stolen property . . . . . . . . . . . 11
17 Graffiti instrument . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Division 4 Offences relating to children or minors
18 Particular body piercing of minor prohibited . . . . . . . . . . . . . . . . . 12
19 Tattooing minor prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 5 Other offences
20 Preventing public meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2
Summary Offences Bill 2004
21 False advertisements etc., about births, deaths, marriages or
employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
22 Imposition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Sale of potentially harmful things . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Throwing things at a sporting event . . . . . . . . . . . . . . . . . . . . . . . 16
25 Use of vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Part 3 Procedural provisions
26 Offences are simple offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
27 Forfeiture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
28 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Part 4 Repeal and amendments
29 Act repealed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
30 Other Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Schedule 1 Acts amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Animal Care and Protection Act 2001 . . . . . . . . . . . . . . . . . . . . . 20
Classification of Computer Games and Images Act 1995 . . . . . . 20
Classification of Films Act 1991 . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Classification of Publications Act 1991. . . . . . . . . . . . . . . . . . . . . 21
Introduction Agents Act 2001 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Juvenile Justice Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 23
Racing Act 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Suppression of Gambling Act 1895 . . . . . . . . . . . . . . . . . . . . . . . 25
Transport Operations (Road Use Management) Act 1995 . . . . . . 26
Vagrants, Gaming and Other Offences Act 1931 . . . . . . . . . . . . . 27
Schedule 2 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
2004
A BILL
for
An Act to define particular offences that may be dealt with in a
summary way, and for other purposes
s1 4 s5
Summary Offences Bill 2004
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
1 Short title 3
This Act may be cited as the Summary Offences Act 2004. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Definitions 7
The dictionary in schedule 2 defines particular words used in 8
this Act. 9
4 Notes 10
A note in the text of this Act is part of this Act. 11
Part 2 Offences 12
Division 1 Offences about quality of 13
community use of public places 14
5 Object of div 1 15
This division has, as its object, ensuring, as far as practicable, 16
members of the public may lawfully use and pass through 17
public places without interference from acts of nuisance 18
committed by others. 19
s6 5 s7
Summary Offences Bill 2004
6 Public nuisance 1
(1) A person must not commit a public nuisance offence. 2
Maximum penalty--10 penalty units or 6 months 3
imprisonment. 4
(2) A person commits a public nuisance offence if-- 5
(a) the person behaves in-- 6
(i) a disorderly way; or 7
(ii) an offensive way; or 8
(iii) a threatening way; or 9
(iv) a violent way; and 10
(b) the person's behaviour interferes, or is likely to 11
interfere, with the peaceful passage through, or 12
enjoyment of, a public place by a member of the public. 13
(3) Without limiting subsection (2)-- 14
(a) a person behaves in an offensive way if the person uses 15
offensive, obscene, indecent or abusive language; and 16
(b) a person behaves in a threatening way if the person uses 17
threatening language. 18
(4) It is not necessary for a person to make a complaint about the 19
behaviour of another person before a police officer may start a 20
proceeding against the person for a public nuisance offence. 21
(5) Also, in a proceeding for a public nuisance offence, more 22
than 1 matter mentioned in subsection (2)(a) may be relied on 23
to prove a single public nuisance offence. 24
7 Review 25
(1) As soon as practicable after 1 October 2005, the Crime and 26
Misconduct Commission must review the use of the public 27
nuisance provisions and prepare a report on the review. 28
(2) The conduct of the review and the preparation of the report is 29
a function of the Crime and Misconduct Commission for the 30
Crime and Misconduct Commission Act 2001. 31
(3) In the course of preparing the report, the Crime and 32
Misconduct Commission must consult with the Minister. 33
s8 6 s8
Summary Offences Bill 2004
(4) The Crime and Misconduct Commission must give a copy of 1
the report to the Speaker for tabling in the Legislative 2
Assembly. 3
(5) In this section-- 4
public nuisance provisions means the following-- 5
(a) section 6; 6
(b) the repealed Vagrants, Gaming and Other Offences Act 7
1931, section 7AA.1 8
8 Begging in a public place 9
(1) A person must not-- 10
(a) beg for money or goods in a public place; or 11
(b) cause, procure or encourage a child to beg for money or 12
goods in a public place; or 13
(c) solicit donations of money or goods in a public place. 14
Maximum penalty--10 penalty units or 6 months 15
imprisonment. 16
(2) Subsection (1)(c) does not apply to a person who-- 17
(a) is an individual authorised by a charity registered under 18
the Collections Act 1966 to solicit donations for the 19
charity; or 20
(b) is authorised by a local government to busk in a public 21
place. 22
(3) In this section-- 23
procure includes-- 24
(a) enable; and 25
(b) facilitate. 26
1 Vagrants, Gaming and Other Offences Act 1931, section 7AA (Public nuisance)
s9 7 s 11
Summary Offences Bill 2004
9 Wilful exposure 1
(1) A person in a public place must not wilfully expose his or her 2
genitals, unless the person has a reasonable excuse. 3
Maximum penalty-- 4
(a) 2 penalty units; or 5
(b) if the offence involves circumstances of 6
aggravation--40 penalty units or 1 year's imprisonment. 7
(2) A person who is so near a public place that the person may be 8
seen from the public place must not wilfully expose his or her 9
genitals so that the person's genitals may be seen from the 10
public place, unless the person has a reasonable excuse. 11
Maximum penalty-- 12
(a) 2 penalty units; or 13
(b) if the offence involves circumstances of 14
aggravation--40 penalty units or 1 year's imprisonment. 15
(3) It is a circumstance of aggravation for this section for a person 16
to wilfully expose his or her genitals so as to offend or 17
embarrass another person. 18
10 Being drunk in a public place 19
A person must not be drunk in a public place. 20
Maximum penalty--2 penalty units. 21
Division 2 Offences involving presence on 22
property 23
11 Trespass 24
(1) A person must not unlawfully enter, or remain in, a dwelling 25
or the yard for a dwelling. 26
Maximum penalty--20 penalty units or 1 year's 27
imprisonment. 28
(2) A person must not unlawfully enter, or remain in, a place used 29
as a yard for, or a place used for, a business purpose. 30
s 12 8 s 12
Summary Offences Bill 2004
Maximum penalty--20 penalty units or 1 year's 1
imprisonment. 2
3
Note--
4
See the Police Powers and Responsibilities Act 2000, section 391A for
5
safeguards applying to starting proceedings for particular offences in
6
this division.
12 Persons unlawfully gathering in or on a building or 7
structure 8
(1) Two or more persons must not, together-- 9
(a) unlawfully enter-- 10
(i) any part of a public building or structure or a 11
building or structure used for a business purpose; 12
or 13
(ii) any land occupied by or used in connection with 14
any public building or structure or a building or 15
structure used for a business purpose; or 16
(b) unlawfully remain in or on-- 17
(i) any part of a public building or structure or a 18
building or structure used for a business purpose; 19
or 20
(ii) any land occupied by or used in connection with 21
any public building or structure or a building or 22
structure used for a business purpose. 23
Maximum penalty--10 penalty units or 6 months 24
imprisonment. 25
(2) Subsection (1)(b) applies whether or not the persons lawfully 26
entered the building, structure or land. 27
(3) A person must not, while unlawfully in or on a building or 28
structure mentioned in subsection (1) that is not a public 29
place, do an act or use language that, if done or used by a 30
person in a public place, would be an offence. 31
Maximum penalty for subsection (3)--10 penalty units or 32
6 months imprisonment. 33
s 13 9 s 14
Summary Offences Bill 2004
13 Unlawfully entering farming land, etc. 1
(1) A person must not unlawfully enter, or remain on, land used 2
for-- 3
(a) agricultural or horticultural purposes; or 4
(b) grazing; or 5
(c) animal husbandry. 6
Maximum penalty--10 penalty units or 6 months 7
imprisonment. 8
(2) A person must not unlawfully open, and leave open, any gate, 9
fence or other barrier that encloses all or part of enclosed land 10
used for agricultural or horticultural purposes or for grazing or 11
animal husbandry. 12
Maximum penalty--10 penalty units or 6 months 13
imprisonment. 14
14 Unregulated high-risk activities 15
(1) A person must not unlawfully do any of the following-- 16
(a) parachute or hang-glide onto a building or structure; 17
(b) BASE-jump or hang-glide from a building or structure; 18
(c) climb up or down the outside of a building or a 19
structure; 20
(d) abseil from a building or structure. 21
Maximum penalty--20 penalty units or 1 year's 22
imprisonment. 23
(2) It is not an offence against subsection (1) for a person-- 24
(a) to do an act mentioned in that subsection involving a 25
building or structure that has been built for use, or is 26
designated for use, for a purpose mentioned in that 27
subsection; or 28
(b) to do an act mentioned in that subsection involving a 29
building or structure for a stunt performed with the 30
permission of the owner of the building or structure and 31
as part of the person's engagement or employment for 32
s 15 10 s 15
Summary Offences Bill 2004
the production of a cinematographic film or for 1
television; or 2
(c) to climb up or down a building or structure for cleaning, 3
maintaining or repairing the building or structure. 4
(3) In addition to any penalty that may be imposed on a person 5
who is found guilty of, or has pleaded guilty to, a charge of an 6
offence against subsection (1), a court hearing the charge of 7
the offence may order the person to pay to a stated person the 8
costs the court decides are the other person's costs of rescuing 9
or attempting to rescue the person. 10
Division 3 Possession offences 11
15 Possession of implement in relation to particular 12
offences 13
(1) A person must not possess an implement that is being, or is to 14
be, used-- 15
(a) for burglary of a dwelling; or 16
(b) for unlawfully entering a place; or 17
(c) for entering a vehicle with intent to commit an 18
indictable offence; or 19
(d) to steal or unlawfully use a vehicle; or 20
(e) to unlawfully injure a person; or 21
(f) to unlawfully damage property. 22
Maximum penalty--20 penalty units or 1 year's 23
imprisonment. 24
(2) A person must not possess an implement that has been used-- 25
(a) for burglary of a dwelling; or 26
(b) for unlawfully entering a place; or 27
(c) for entering a vehicle with intent to commit an 28
indictable offence; or 29
(d) to steal or unlawfully use a vehicle; or 30
(e) to unlawfully injure a person; or 31
s 16 11 s 17
Summary Offences Bill 2004
(f) to unlawfully damage property. 1
Maximum penalty--20 penalty units or 1 year's 2
imprisonment. 3
(3) For subsection (2), it is a defence for the person to prove that 4
the person's possession of the implement was not connected 5
to any involvement by the person in the preparation of the 6
offence or in any criminal responsibility in relation to the 7
offence. 8
9
Note--
10
See the Police Powers and Responsibilities Act 2000, section 391A for
11
safeguards applying to starting proceedings for offences against this
12
section and sections 16 and 17.
16 Unlawful possession of suspected stolen property 13
A person must not unlawfully possess a thing that is 14
reasonably suspected of having been stolen or unlawfully 15
obtained. 16
Maximum penalty--20 penalty units or 1 year's 17
imprisonment. 18
17 Graffiti instrument 19
(1) A person must not possess a graffiti instrument that-- 20
(a) is reasonably suspected of having been used for graffiti; 21
or 22
(b) is being used for graffiti; or 23
(c) is reasonably suspected of being about to be used for 24
graffiti. 25
Maximum penalty--20 penalty units or 1 year's 26
imprisonment. 27
(2) The court may, whether or not it imposes any other penalty for 28
the offence, order the offender-- 29
s 18 12 s 18
Summary Offences Bill 2004
(a) to perform community service under the Penalties and 1
Sentences Act 1992, part 5, division 22 including, for 2
example, removing graffiti from property; or 3
(b) to pay compensation to any person under the Penalties 4
and Sentences Act 1992, part 3, division 4.3 5
(3) For subsection (1)(a), it is a defence for the person to prove 6
that the person's possession of the graffiti instrument was not 7
connected to any involvement by the person in the preparation 8
of the offence or in any criminal responsibility in relation to 9
the offence. 10
Division 4 Offences relating to children or 11
minors 12
18 Particular body piercing of minor prohibited 13
(1) A person must not, as part of a business transaction, perform 14
body piercing to any part of-- 15
(a) the external genitalia of a female who is a minor; or 16
(b) the penis or scrotal skin of a male who is a minor; or 17
(c) the nipples of a minor. 18
Maximum penalty-- 19
(a) 40 penalty units or 6 months imprisonment; or 20
(b) if the minor is an intellectually impaired person or the 21
minor's decision-making capacity is impaired because 22
of alcohol or a drug--80 penalty units or 1 year's 23
imprisonment. 24
(2) It is not a defence to a prosecution of a person for a charge of 25
an offence against subsection (1) that the minor, or a parent or 26
guardian of the minor, consented to the body piercing. 27
(3) In this section-- 28
2 Penalties and Sentences Act 1992, part 5 (Intermediate orders), division 2
(Community service orders)
3 Penalties and Sentences Act 1992, part 3 (Releases, restitution and compensation),
division 4 (Orders for restitution and compensation)
s 19 13 s 19
Summary Offences Bill 2004
body piercing means the process of penetrating a person's 1
skin or mucous membrane with a sharp instrument for the 2
purpose of implanting jewellery or other foreign material 3
through or into the skin or mucous membrane. 4
5
Examples of foreign material--
6
· a ring
7
· a bar
8
· a pin
9
· a stud
genitalia see the Criminal Code, section 1.4 10
intellectually impaired person see the Criminal Code, 11
section 1. 12
19 Tattooing minor prohibited 13
(1) A person must not perform tattooing on a minor. 14
Maximum penalty--40 penalty units or 6 months 15
imprisonment. 16
(2) In this section-- 17
tattooing-- 18
(a) means the process of penetrating a person's skin and 19
inserting into it colour pigments to make a permanent 20
mark, pattern or design on the skin; and 21
(b) includes any process that penetrates the skin and inserts 22
into it colour pigments to make a semipermanent mark, 23
pattern or design on the skin including for example-- 24
(i) the process known as cosmetic tattooing; or 25
(ii) the process for applying semipermanent make-up. 26
4 Criminal Code, section 1 (Definitions)
s 20 14 s 21
Summary Offences Bill 2004
Division 5 Other offences 1
20 Preventing public meetings 2
A person must not intentionally prevent or attempt to prevent 3
the holding of a public meeting. 4
Maximum penalty--10 penalty units or 6 months 5
imprisonment. 6
7
Examples of actions that may prevent the holding of a public meeting--
8
1. Making a noise to prevent a public meeting starting or continuing.
9
2. Blocking a door to prevent persons lawfully entering a place where
10
a public meeting is to be held.
21 False advertisements etc., about births, deaths, 11
marriages or employment 12
(1) A person must not publish in a newspaper or by radio, 13
television or on the internet an advertisement or notice that 14
states, expressly or by implication, any of the following, 15
knowing what is stated to be false-- 16
(a) a child has been born who has not been born; 17
(b) a person who is still living has died; 18
(c) a funeral for a person who is still living is to happen or 19
has happened; 20
(d) a particular couple who have not become engaged are 21
engaged; 22
(e) a particular couple who do not intend to marry have 23
married or are to marry; 24
(f) employment that is not available is available. 25
Maximum penalty--10 penalty units or 6 months 26
imprisonment. 27
(2) In this section-- 28
publish includes cause to be published. 29
s 22 15 s 23
Summary Offences Bill 2004
22 Imposition 1
(1) A person must not impose or attempt to impose on another 2
person to obtain money or an advantage. 3
Maximum penalty--20 penalty units or 1 year's 4
imprisonment. 5
(2) A person imposes or attempts to impose on another person if 6
the person-- 7
(a) makes an oral or written representation that is false or 8
fraudulent with intent to obtain money or an advantage 9
from the other person; or 10
(b) by dress, apparel or otherwise, fraudulently seeks to 11
obtain money or an advantage from the other person. 12
(3) In this section-- 13
advantage includes benefit. 14
23 Sale of potentially harmful things 15
(1) A person (the seller) must not sell a potentially harmful thing 16
to another person if the seller knows or believes, on 17
reasonable grounds, that the other person-- 18
(a) intends to inhale or ingest the thing; or 19
(b) intends to sell the thing to another person for inhalation 20
or ingestion whether by that person or someone else. 21
Maximum penalty-- 22
(a) for a first offence--25 penalty units or 3 months 23
imprisonment; or 24
(b) for a second or later offence--50 penalty units or 25
1 year's imprisonment. 26
(2) For the purposes of the Anti-Discrimination Act 1991, 27
section 46,5 a seller is not to be taken to discriminate against a 28
person only because the seller refuses to sell a potentially 29
harmful thing to the person because of subsection (1). 30
5 Anti-Discrimination Act 1991, section 46 (Discrimination in goods and services
area)
s 24 16 s 24
Summary Offences Bill 2004
(3) In this section-- 1
potentially harmful thing-- 2
(a) means a thing a person may lawfully possess that is or 3
contains a substance that may be harmful to a person if 4
ingested or inhaled; and 5
6
Examples--
7
· glue
8
· paint
9
· a solvent
(b) includes methylated spirits; and 10
(c) does not include a thing intended by its manufacturer to 11
be inhaled or ingested by a person using it. 12
sell includes-- 13
(a) sell by wholesale, retail or auction; and 14
(b) supply in trade or commerce or under an arrangement; 15
and 16
(c) agree, attempt or offer to sell; and 17
(d) keep or expose for sale; and 18
(e) cause or permit to be sold. 19
24 Throwing things at a sporting event 20
(1) A person at a sporting event must not throw or propel an 21
object that may-- 22
(a) injure a person; or 23
(b) damage property; or 24
(c) disrupt the event. 25
Maximum penalty--10 penalty units or 6 months 26
imprisonment. 27
(2) Subsection (1) does not apply to a person actually 28
participating in a sporting event who throws or propels an 29
object the person ordinarily throws or propels as part of the 30
sporting event. 31
s 25 17 s 26
Summary Offences Bill 2004
(3) Also, subsection (1) does not apply to a person who is a 1
spectator at a sporting event who returns an object ordinarily 2
used in the sporting event to a person actually participating in 3
the sporting event in a way not intended to contravene 4
subsection (1). 5
6
Example for subsection (3)--
7
Returning to a cricket player a cricket ball that has been hit over the
8
fence in a cricket match.
25 Use of vehicles 9
A person must not-- 10
(a) unlawfully use a vehicle without the consent of the 11
person in lawful possession of the vehicle; or 12
(b) have a vehicle in the person's possession without the 13
consent of the person in lawful possession of it (the 14
other person) with intent to temporarily or permanently 15
deprive the other person of the use or possession of the 16
vehicle. 17
Maximum penalty--20 penalty units or 1 year's 18
imprisonment. 19
Part 3 Procedural provisions 20
26 Offences are simple offences 21
(1) An offence against this Act is a simple offence. 22
(2) A proceeding for an offence against this Act is a summary 23
proceeding under the Justices Act 1886. 24
s 27 18 s 29
Summary Offences Bill 2004
27 Forfeiture 1
If a court finds a person guilty of an offence against 2
section 15, 16 or 17,6 the court may order that the thing to 3
which the offence relates be forfeited to the State. 4
5
Note--
6
For how something forfeited to the State may be disposed of, see the
7
Police Powers and Responsibilities Act 2000, chapter 11
8
(Administration), part 3 (Dealing with things in the possession of police
9
service), division 7 (Dealing with forfeited things).
28 Evidentiary provision 10
(1) In a proceeding, a statement in a charge of an offence that a 11
place is a place to which a provision of this Act applies is 12
evidence that the place is what it is claimed to be. 13
(2) In a proceeding for an offence against section 16, it is not 14
necessary to prove that the police officer starting the 15
proceeding knew anything had recently been stolen or 16
unlawfully obtained, or that in fact anything had been stolen 17
or unlawfully obtained, if the circumstances in which the 18
property had been found gives rise to a reasonable suspicion 19
that the property had been stolen or unlawfully obtained. 20
21
Example--
22
See the Police Powers and Responsibilities Act 2000, section 391A for
23
procedural safeguards a police officer must follow before charging a
24
person with an offence against section 16 of this Act.
Part 4 Repeal and amendments 25
29 Act repealed 26
The Vagrants, Gaming and Other Offences Act 1931 22 Geo 5 27
No. 27 is repealed. 28
6 Sections 15 (Possession of implement in relation to particular offences),
16 (Unlawful possession of suspected stolen property) and 17 (Graffiti instrument)
s 30 19 s 30
Summary Offences Bill 2004
30 Other Acts amended 1
Schedule 1 amends the Acts it mentions. 2
20
Summary Offences Bill 2004
Schedule 1 Acts amended 1
section 30 2
Animal Care and Protection Act 2001 3
1 Schedule, definition public place, paragraph (b), `Act.' 4
and footnote-- 5
omit, insert-- 6
`Act.7'. 7
Classification of Computer Games and Images 8
Act 1995 9
1 Section 58(4), `or the Vagrants, Gaming and Other 10
Offences Act 1931'-- 11
omit. 12
2 Section 59(5), `or the Vagrants, Gaming and Other 13
Offences Act 1931'-- 14
omit. 15
3 Section 66(1), `or the Vagrants, Gaming and Other 16
Offences Act 1931'-- 17
omit. 18
7 See, for example, the Police Powers and Responsibilities Act 2000, schedule 4,
definition public place.
21
Summary Offences Bill 2004
Schedule 1 (continued)
Classification of Films Act 1991 1
1 Section 58(2)(b), `and the Vagrants, Gaming and Other 2
Offences Act 1931'-- 3
omit. 4
2 Section 64(1), `and the Vagrants, Gaming and Other 5
Offences Act 1931'-- 6
omit. 7
Classification of Publications Act 1991 8
1 Section 36, `or the Vagrants, Gaming and Other Offences 9
Act 1931'-- 10
omit. 11
2 Section 37(3)(b), `and the Vagrants, Gaming and Other 12
Offences Act 1931'-- 13
omit. 14
Introduction Agents Act 2001 15
1 Schedule 2, definition disqualifying offence, 16
paragraph (b), `its repeal'-- 17
omit, insert-- 18
`1 February 1993'. 19
22
Summary Offences Bill 2004
Schedule 1 (continued)
Juvenile Justice Act 1992 1
1 Section 25(1), `Vagrants, Gaming and Other Offences 2
Act 1931'-- 3
omit, insert-- 4
`· Summary Offences Act 2004'. 5
2 Section 255(1)(e)-- 6
omit, insert-- 7
`(e) the Summary Offences Act 2004;'. 8
3 Part 11, division 3, subdivision 9-- 9
insert-- 10
`Division 4 Transitional provision for Summary 11
Offences Act 2004 12
`341 Vagrants, Gaming and Other Offences Act 1931 13
`Despite the repeal of the Vagrants, Gaming and Other 14
Offences Act 1931, an offence against that Act that is an arrest 15
offence continues to be an arrest offence for which a court 16
may order that a child's identifying particulars may be taken 17
under section 25 or 255 of this Act.8'. 18
Liquor Act 1992 19
1 Section 164(2)-- 20
omit. 21
8 Sections 25 (Application by police officer for permission to take child's identifying
particulars) and 255 (Court may order sentenced child's identifying particulars to be
taken)
23
Summary Offences Bill 2004
Schedule 1 (continued)
Police Powers and Responsibilities Act 2000 1
1 After section 391-- 2
insert-- 3
`391A Safeguards for declared offences under Summary 4
Offences Act 2004 5
`(1) This section applies to an offence under the Summary 6
Offences Act 2004 that is a declared offence for this Act. 7
`(2) A police officer who suspects a person has committed a 8
declared offence must, if reasonably practicable, give the 9
person a reasonable opportunity to explain-- 10
(a) if the offence involves the person's presence at a 11
place--why the person was at the place; or 12
(b) if the offence involves entering a place--why the person 13
entered the place; or 14
(c) if the offence involves any of the following, why the 15
person did the relevant thing-- 16
(i) parachuting or hang-gliding onto a building or 17
structure; 18
(ii) BASE-jumping or hang-gliding from a building or 19
structure; 20
(iii) climbing up or down the outside of a building or a 21
structure; 22
(iv) abseiling from a building or structure; or 23
(d) if the offence involves possession of a graffiti instrument 24
or an implement--why the person was in possession of 25
the graffiti instrument or implement at the relevant time; 26
or 27
(e) if the offence involves possession of a thing that is 28
reasonably suspected of having been stolen or 29
unlawfully obtained--how the person came to have 30
possession of the thing. 31
24
Summary Offences Bill 2004
Schedule 1 (continued)
`(3) If-- 1
(a) the person fails to give an explanation; or 2
(b) the police officer considers the explanation given is not 3
a reasonable explanation; or 4
(c) because of the person's conduct, it is not reasonably 5
practicable to give the person a reasonable opportunity 6
to give an explanation; 7
8
Example for paragraph (c)--
9
It may not be reasonably practicable to give the person a
10
reasonable opportunity to give an explanation because of the
11
person's conduct, for example, the person may be struggling or
12
speaking loudly without stopping.
the police officer may start a proceeding against the person for 13
the declared offence. 14
`(4) In this section-- 15
declared offence means an offence against sections 11, 12, 16
13(1), 14, 15, 16 or 17 of the Summary Offences Act 2004.9'. 17
2 After section 482-- 18
insert-- 19
`Part 4 Transitional Provision for 20
Summary Offences Act 2004 21
`483 Vagrants, Gaming and Other Offences Act 1931 22
`Despite the repeal of the Vagrants, Gaming and Other 23
Offences Act 1931, an offence against that Act continues to be 24
an identifying particulars offence for this Act.'. 25
9 Summary Offences Act 2004, section 11 (Trespass), 12 (Persons unlawfully
gathering in or on a building or structure), 13 (Unlawfully entering farming land
etc.), 14 (Unregulated high-risk activities), 15 (Possession of implement in relation
to particular offences), 16 (Unlawful possession of suspected stolen property) or
17 (Graffiti instrument)
25
Summary Offences Bill 2004
Schedule 1 (continued)
3 Schedule 4, definition identifying particulars offence, 1
paragraph (b), `Vagrants, Gaming and Other Offences 2
Act 1931'-- 3
omit, insert-- 4
`Summary Offences Act 2004'. 5
4 Schedule 4, definition public place, paragraph (d), 6
footnote-- 7
omit. 8
Racing Act 2002 9
1 Section 320(2)(c) and (d)-- 10
omit. 11
2 Section 320(2)(e)-- 12
renumber as section 320(2)(c). 13
Suppression of Gambling Act 1895 14
1 After section 14-- 15
insert-- 16
`Part 3 Gaming 17
`15 Provisions relocated from the Vagrants, Gaming and 18
Other Offences Act 1931 19
`(1) To remove any doubt, it is declared that the relocated 20
provisions were not re-enacted by the Summary Offences Act 21
2004 but merely moved (without re-enactment) from the 22
Vagrants, Gaming and Other Offences Act 1931 to this Act. 23
26
Summary Offences Bill 2004
Schedule 1 (continued)
`(2) Without limiting subsection (1) and to further remove any 1
doubt, it is also declared that the relocation to this Act of the 2
relocated provisions did not impliedly repeal or amend, or 3
otherwise affect the operation of the relocated provisions or 4
the provisions of any other law and, in particular, did not 5
affect the meaning or effect that the relocated provisions, or 6
the provisions of the other law, had because of the respective 7
times when they were enacted. 8
`(3) In an Act or document, a reference to a relocated provision 9
may, if the context permits, be taken to be a reference to the 10
provision in this Act. 11
`(4) In this section-- 12
relocated provisions means the provisions relocated to this 13
Act by the Summary Offences Act 2004, schedule 1, 14
amendment of the Vagrants, Gaming and Other Offences 15
Act 1931.'. 16
Transport Operations (Road Use Management) 17
Act 1995 18
1 Section 138(8), definition disqualifying offence, 19
paragraph (b), after `against the'-- 20
insert-- 21
`repealed'. 22
2 Section 138(8), definition disqualifying offence, 23
paragraphs (c) and (d)-- 24
renumber as paragraphs (d) and (e). 25
3 Section 138(8), definition disqualifying offence-- 26
insert-- 27
27
Summary Offences Bill 2004
Schedule 1 (continued)
`(c) an offence against the Classification of Publications Act 1
1991, part 3;10 or'. 2
Vagrants, Gaming and Other Offences Act 1931 3
1 Section 2, definition gaming Acts, `Suppression of 4
Gambling Act 1895'-- 5
omit. 6
2 Section 2, definitions gaming Acts, instrument of gaming, 7
owner, public place and unlawful game-- 8
relocate to the Suppression of Gambling Act 1895 and in that Act 9
insert the definitions in section 4. 10
3 Section 4(1), heading before paragraph (a)-- 11
omit. 12
4 Section 4(1)(a) to (e), (g)(iv) and (h) to (o)-- 13
omit. 14
5 Section 4(1)(g), from `person)' to `(iii)'-- 15
omit, insert-- 16
`person)'. 17
6 Section 4(1), `shall be deemed to be a vagrant, and'-- 18
omit. 19
10 Classification of Publications Act 1991, part 3 (Offences)
28
Summary Offences Bill 2004
Schedule 1 (continued)
7 Section 4(1A)-- 1
omit. 2
8 Heading before section 4(2)-- 3
omit. 4
9 Section 4(2), `implement, offensive weapon,', `, drug, 5
substance, and thing' and `(i) to (iii) and (h) to (j)'-- 6
omit. 7
10 Section 4-- 8
relocate to the Suppression of Gambling Act 1895 and in that Act 9
insert and renumber, in part 3, as section 16. 10
11 Sections 19 to 22A-- 11
relocate to the Suppression of Gambling Act 1895 and in that Act 12
insert, in part 3, as sections 19, 20, 21A, 22 and 22A. 13
29
Summary Offences Bill 2004
Schedule 2 Dictionary 1
section 3 2
business purpose includes commercial purpose. 3
dwelling includes, when used as a dwelling, a boat or part of a 4
boat, a caravan, and a tent. 5
graffiti see the Criminal Code, section 469, punishment in 6
special cases, paragraph 9.11 7
graffiti instrument includes-- 8
(a) a container from which paint or another marking 9
substance may be forced by pressure, suction or in 10
another way; or 11
(b) an etching instrument. 12
implement includes equipment and substance. 13
place includes dwelling. 14
possession has the same meaning as in the Criminal Code. 15
16
Note--
17
Under the Acts Interpretation Act 1954, section 32, if an Act defines a
18
word or expression, other parts of speech and grammatical forms of the
19
word or expression have corresponding meanings.
public place means a place that is open to or used by the 20
public, whether or not on payment of a fee. 21
unlawfully means without authorisation, justification or 22
excuse by law. 23
vehicle includes a motor vehicle, bicycle and boat. 24
yard means-- 25
(a) for a dwelling other than a boat, the parcel of land 26
related to the dwelling that appears to be within 27
identifiable boundaries; or 28
11 Criminal Code, section 469 (Wilful damage)
30
Summary Offences Bill 2004
Schedule 2 (continued)
1
Examples for paragraph (a)--
2
1. The boundaries may be defined by the position of fencing.
3
2. There may be a garden along a boundary of the land giving
4
a general indication of where the boundary is.
5
3. It may be easy to recognise the position of the front
6
boundary of land because of the position of fencing along
7
the front of adjoining land.
(b) for a place used for a business purpose, a part of the 8
place not occupied by buildings-- 9
(i) that is fenced in a way that ordinarily restricts 10
access to the place when the place is not open to 11
the public; or 12
(ii) that is otherwise ordinarily enclosed to restrict 13
access to the place; or 14
(iii) to which entry is prohibited by signs displayed on 15
the premises. 16
17
Example for paragraph (b)--
18
The place may have a high chain-wire fence along its
19
boundaries.
© State of Queensland 2004
AMENDMENTS TO BILL
1
Summary Offences Bill 2004
Summary Offences Bill 2004
Amendments agreed to during Consideration
1 Clause 11--
At page 8, after line 6--
insert--
`(3) This section does not prevent an authorised industrial officer
entering a workplace in accordance with the terms of the
person's appointment as an authorised industrial officer.1'.
2 Clause 12--
At page 8, after line 33--
insert--
`(4) This section does not prevent an authorised industrial officer
entering a workplace in accordance with the terms of the
person's appointment as an authorised industrial officer.'.
3 Clause 13--
At page 9, after line 14--
insert--
`(3) This section does not prevent an authorised industrial officer
entering a workplace in accordance with the terms of the
person's appointment as an authorised industrial officer.'.
4 Schedule 1--
At page 25, after line 14--
insert--
1 Industrial Relations Act 1999, section 364 (Authorising industrial officers)
2
Summary Offences Bill 2004
`1A Section 4, definition place, `means'--
omit, insert--
`, for the purposes of the provisions of this Act relating to gaming
and the gaming Acts, means'.'.
5 Schedule 2--
At page 29, after line 2--
insert--
`authorised industrial officer means--
(a) an authorised industrial officer appointed under the
Industrial Relations Act 1999, section 364;2 or
(b) an authorised officer appointed under the Workplace
Relations Act 1996 (Cwlth), section 83BG.3'.
© State of Queensland 2005
2 Industrial Relations Act 1999, section 364 (Authorising industrial officers)
3 Workplace Relations Act 1996 (Cwlth), section 83BG (Appointment of authorised
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