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1
Summary Offences and Other Acts Amendment Bill
2006
Summary offences and Other Acts
Amendment Bill 2006
Explanatory Notes
General Outline
Objective of the Legislation
The objective of the Summary Offences and Other Acts Amendment Bill
2006 (the Bill) is to amend the:
· Summary Offences Act 2005 to:
· strengthen existing anti-graffiti laws by banning the sale of spray
paint cans to minors (persons aged 17 years and under). The
amendments will require retail outlets to display prohibition
signs and for employers to take standard prevention measures
towards their employees who sell spray paint cans. The
amendments will also provide offences relating to sellers
generally and to employers and employees in specific
circumstances; and
· prohibit persons, in trade or commerce, from providing a service
in Queensland or elsewhere of informing another person, by
sending a message over the internet, or by a SMS text message or
by any other message that may be heard, read or otherwise
viewed by a person using a mobile phone, of the location of a
police traffic enforcement site for the purpose of, or that has the
effect of, enabling the other person to avoid, or be prepared for, a
check made at the site;
· Domestic and Family Violence Protection Act 1989 to amend the
Schedule "Dictionary" to include a definition of "officer-in-charge"
and to amend the definition of "holding cell";
· Police Powers and Responsibilities Act 2000 (the PPRA) to:
· empower police to stop, detain and search persons and vehicles
and seize evidence of an offence under the proposed section 23B
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Summary Offences and Other Acts Amendment Bill
2006
"Sale of spray paint to minors" and section 23C "When
employee of seller liable" of the Summary Offences Act;
· amend section 43 "Unlawful supply of smoking implements to
children" to remove any doubt that the section applies to
"minors";
· insert a new section 43A "Unlawful sale of spray paint to
minors". The new section is parallel to section 43 "Unlawful
supply of smoking products to children" of the PPRA;
· omit section 608 "Expiry of ss 604-607" that provides that
sections 604 to 607 and that section expire 1 year after they
commence unless a regulation extends the operation of the
provisions and that section for periods of up to 1 year. The
provisions have been extended to 31 December 2006. Sections
604 to 607 are included in Part 6 "Miscellaneous powers",
Division 1 "Potentially harmful things" of the PPRA. The
omission of section 608 will provide for the ongoing operation of
sections 604-607 in the declared localities prescribed in Part 2B
of the Police Powers and Responsibilities Regulation 2000;
· amend section 697 "Cost recovery for animal held by
commissioner under order under s 696" to remove any doubt that
this section applies in relation to an animal seized by a police
officer and held in the possession of the Police Service whether
or not an order has been made under section 696 "Orders issuer
may make in relation to seized thing" of the PPRA;
· amend section 705 "Destruction of drug matter soon after it is
seized etc" and insert a new section 705A "Disposal of things
used for administering etc. dangerous drugs" to authorise the
Commissioner to destroy and dispose of drug matter, including
pipes and utensils, at the end of a proceeding without having to
first obtain an order for forfeiture and destruction of the seized
things under section 701 "Disposal of seized things at end of
proceeding" of the PPRA. This will reduce the number of court
orders issued for minor purposes;
· amend sections 747, 755, 756, 758, 770 and 785 of Chapter 22
"Provisions about evading police officers" of the PPRA to
correct drafting deficiencies. These provisions were included in
the Police Powers and Responsibilities and Other Acts
Amendment Act (No. 26) 2006;
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Summary Offences and Other Acts Amendment Bill
2006
· insert three new sections 859, 860 and 861 in Chapter 24
"Repeals, transitional provisions and amendments" in the PPRA;
· make minor drafting changes to a number of sections in the
PPRA (Schedule 1 of the Bill);
· Police Service Administration Act 1990 (Schedule 2 in the Bill)
to address a number of minor drafting matters, including the
omission of two redundant terms "assistant watch-house officer"
and "assistant watch-house manager" from section 5A(3)
"Persons to whom pt 5A applies" of that Act and inserting in
their place, "watch-house officer" as a consequence of recent
amendments relating to watch-house officers in the Police
Powers and Responsibilities and Other Acts Amendment Act (No.
26) 2006;
· Prostitution Act 1999 to clarify the scope of the Independent
Assessor's powers to hear appeals concerning decisions about
development applications under Part 4 "Development approvals
for brothels" of that Act; and
· Weapons Act 1990 (Schedule 2 in the Bill) to correct minor
drafting irregularities.
Reasons for the Legislation
Prohibition of the sale of spray paint to minors (Summary
Offences Act)
State Government entities, local governments, private industry and the
general public spend millions of dollars annually repairing graffiti damage
in this State. Lord Mayor Campbell Newman recently estimated that
graffiti vandalism costs the Brisbane community an estimated $10 million
every year and significantly reduces the amenity, perceived safety and
livability of the City. It is estimated that Queensland Rail will spend about
$2 million this financial year removing graffiti from carriages and other
railway property. The primary cause of such damage is the misuse of
aerosol spray paint cans by offenders to produce `tags' or more stylised
signatures, names, multicoloured drawings, slogans and messages on
public and private property. Queensland Police Service (the QPS) records
show that graffiti offences in this State are committed predominantly by
minors and young adults.
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Summary Offences and Other Acts Amendment Bill
2006
A number of retailers in the State currently have voluntary codes of
practice restricting the sale of spray paint cans to minors. However, their
staff may be reluctant, if challenged by a customer, to adhere to these
voluntary codes of practice for fear of being accused of discrimination. To
more effectively combat spray paint graffiti crime, the Summary Offences
Act will be amended to prohibit the sale of spray paint cans to minors.
Section 27 "Forfeiture" of the Summary Offences Act will be widened to
authorise courts that find persons guilty of the new offences under section
23B "Sale of spray paint (cans) to minors" and section 23C "When
employee of seller liable" of that Act to order spray paint cans to which
either offence relates to be forfeited to the State.
Unauthorised SMS messages and similar telecommunication
alerts of police traffic enforcement sites (Summary Offences
Act)
Early this year, a business named Road Spy commenced operations on the
Gold Coast. Informants provide reports to Road Spy about the location of
police mobile speed cameras and police radars, in addition to details about
traffic hazards and obstructions in that area. This information is
immediately disseminated via SMS text message alerts on a 24-hour basis
to the mobile telephones of fee-paying subscribers. This business elected
to stop providing alerts about police random breath testing (RBT) sites to
new subscribers from 12 January 2006. However, RBT alerts would
continue to be provided to existing subscribers for the duration of their
current subscriptions. Road Spy's Internet site (www.roadspy.com.au/)
informs readers that it can help them to avoid traffic delays, costly speeding
fines, accumulation of points on their licenses `or worse'. The subscription
scheme includes 6 monthly and 12 monthly intervals.
Road Spy, and any similar businesses that may operate in Queensland in
the future, pose a significant threat to road safety in their area of operations
on the basis that `hoons' and other law breakers will subscribe to their
services primarily to avoid police traffic enforcement sites. Subscribers
will also be motivated to read incoming SMS text messages on their mobile
phones while driving vehicles. Neither Queensland legislation nor the
Australian Road Rules currently prohibit commercial activities of this
nature. Consequently, legislation is proposed to prohibit persons, in trade
or commerce, from providing a service in Queensland or elsewhere of
informing another person, by sending a message over the Internet, or by a
SMS text message or by any other message that may be heard, read or
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Summary Offences and Other Acts Amendment Bill
2006
viewed by a person using on mobile phone, of the location of a police
traffic enforcement site for the purpose of, or that has the effect of, enabling
the other person to avoid, or be prepared for, a check made at the site.
The amendments will not prohibit commercial radio stations from
broadcasting the location of police radar and speed camera sites to their
listeners. This is because the alerts are limited in number, tend to occur on
a random and delayed basis and are usually imprecise about the location of
the police traffic enforcement sites. Consequently, such alerts are not
considered to pose the same level of threat to road safety as that posed by
the comprehensive, precise and almost instantaneous alerts provided to
subscribers by Road Spy or by any similar businesses that may commence
operations in the State in the future.
Amendment to the Domestic and Family Violence Protection
Act 1989
The Police Powers and Responsibilities and Other Acts Amendment Bill
2006 amended section 70 "Duty of police officer who has taken a person
into custody under s 69" of the Domestic and Family Violence Protection
Act to allow a police officer who detains a person from a domestic violence
incident to detain that person in a 'police holding cell' as well as in a watch-
house. The officer-in-charge of a police station at which there is a holding
cell must ensure the detained person's particulars are entered in the register
as required by a regulation. However, the responsibility placed on the
officer-in-charge under this provision cannot be delegated to other police
officers, including shift supervisors. The amendment to the Schedule
"Dictionary" to include a definition of "officer-in-charge" will correct this
matter. The definition of "holding cell" also requires amendment to correct
a minor irregularity in the current wording.
Amendments to the PPRA
· Stop, detain, search and seizure powers for police investigating
unlawful spray paint can sales --
The proposed new sections 23B "Sale of spray paint to minors" and
23C "When employee of seller liable" of the Summary Offences Act
have necessitated amendments to section 30 "Prescribed
circumstances of searching persons without warrant (under section
29)" and to section 32 "Prescribed circumstances for searching
vehicle without warrant (under section 31)" of the PPRA to empower
police officers to stop, detain and search persons and vehicles and
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Summary Offences and Other Acts Amendment Bill
2006
seize evidence of these new offences. These search powers will be
identical to those currently provided to police under sections 29 and
31 for searches of suspected offenders (adults and minors) in
possession of graffiti implements that may afford evidence of an
offence under section 17 "Graffiti instrument" of the Summary
Offences Act. The same safeguards that currently apply to police
searches of adults and minors under the PPRA will apply to searches
for evidence of offences under the proposed new sections 23B and
23C of the Summary Offences Act.
· Correction of drafting deficiency to section 43 "Unlawful supply of
smoking products to children" --
This section empowers police officers to ask persons reasonably
suspected to be a child who are observed to be supplied with a
smoking product to provide proof of their age and to produce the item
as evidence of an offence against the Tobacco and Other Smoking
Products Act 1998. The Schedule of that Act defines `child' to mean
an individual who is under 18 years (a minor). In contrast, Schedule 6
"Dictionary" of the PPRA defines "child" to mean a child within the
meaning of the Juvenile Justice Act 1992. Schedule 4 "Dictionary" of
the Juvenile Justice Act 1992 defines `child' to mean (a) a person who
has not turned 17 years; or (b) after a day fixed under section 6
(Child's age regulation that has not commenced) - a person who has
not turned 18 years. An amendment to section 43 of the PPRA is
necessary to remove any doubt that for the purposes of section 43 of
the PPRA, "child" means an individual who is under 18 years (a
minor).
· Empowerment of police officers to ask suspected minors questions
about possession of spray paint cans --
A new section 43A "Unlawful sale of spray paint to minors" will be
inserted into the PPRA to empower police officers to ask suspected
minors who are sold spray paint to show acceptable evidence of age
and to produce the thing sold to them. Police officers may seize the
spray paint if the suspected minor either refuses or is unable to
comply with the request or shows acceptable evidence of age showing
the person is a minor and the police officer reasonably suspects the
spray paint is evidence of an offence against the Summary Offences
Act. The police powers to question minors and to seize evidence of an
offence relating to the suspected unlawful sale of spray paint will be
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Summary Offences and Other Acts Amendment Bill
2006
parallel to those currently operating in section 43 "Unlawful supply of
smoking products to children" of the PPRA.
· Evade police --
The following amendments are to be made to the following sections of
Chapter 22 "Provisions about evading police officers" of the PPRA to
correct drafting deficiencies to allow the provisions to operate
effectively:
· section 747 "Definitions for ch 22" - The definition "relevant
period" is replaced a consequence of the amendment to section
758(1);
· section 755 "When evasion offence notice may be given to owner
of motor vehicle involved in offence" -
· sub-section 755(2) will require an owner of a motor vehicle
involved in evasion offences to give a declaration to the
police officer named in an evasion offence notice or to the
officer in charge of a stated police station or police
establishment. The inclusion of the word "declaration" will
ensure section 755(2) is consistent with section 756(1) and
(2) "Who may be prosecuted for evasion offence if no
response to evasion offence notice" of the PPRA;
· sub-section 755(4) - The omission of the words "owner the
notice" and the insertion of the words, "notice to an owner
who is an individual" will allow that subsection to be
consistent with subsection 755(3) that provides that if the
owner is an individual, the evasion offence notice must be
given to the owner personally. Consequently, neither
subsection will apply to owners that are corporations; and
· sub-section 755(5) - The insertion of a new subsection (d)
will provide that an evasion offence notice must identify the
motor vehicle involved in the evasion offence and state the
consequences if the owner does not comply with the
requirement by giving the police officer named in the
notice, or the officer in charge of the police station or police
establishment where the officer is stationed, a declaration
within the 4 business days. This will remove any doubt that
while an owner may choose to comply with the mandatory
requirement by giving a signed declaration within the 4
business days, not to do so will invoke subsection 756(2)
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Summary Offences and Other Acts Amendment Bill
2006
namely, The person is taken to have been the driver of the
motor vehicle involved in the evasion offence to which the
evasion offence notice relates even though the actual
offender may have been someone else;
· section 756(1)(b) "Who may be prosecuted for evasion offence if
no response to evasion offence notice" - The words "a police
officer" are to be omitted to correct a drafting inconsistency;
· section 758(1) "Application for impounding order for evasion
offence" - The amendment will make this subsection consistent
with section 759 "Application for forfeiture order for evasion
offence" that refers to evasion offences committed within the
"relevant period" that is defined in section 747 "Definitions for
ch 22" of the PPRA;
· section 770 "Motor vehicle not to be sold etc. before charge of
offence is decided" - The omission of the words, "charge of
offence" from the heading and their replacement the word,
"application" is necessary for drafting consistency. Section 770
is further amended by omitting subsection (1) and replacing it
with a new subsection (1) that provides that this section applies
in relation to a motor vehicle that is the subject of an application
for an impounding order or a forfeiture order. Also, section
770(2) is amended by inserting from "before" the words, "until
the application for the impounding order or forfeiture order is
decided or otherwise ends". Under the current provisions, if a
driver who is not the owner of a vehicle is charged with an
evasion offence, the owner of the motor vehicle must not modify
or sell or otherwise dispose of the motor vehicle before the
proceeding is decided. If the driver (who was not the owner)
fails to appear in court in relation to the evasion offence, the
owner would not be able to sell or modify their car until the
matter is finalised. This may take a considerable period of time
to occur. To address this matter, section 770 is to be amended to
relate to the period during which an application for an
impounding order or forfeiture order is decided or otherwise
ends; and
· section 785 "Disposal of forfeited motor vehicle" provides, The
commissioner may dispose of a motor vehicle forfeited to the
State under this part in the way the commissioner considers
appropriate, including by selling it. The amendment will replace
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Summary Offences and Other Acts Amendment Bill
2006
the word "part" with the word "chapter". Section 785 is included
in Part 5 "Other provisions" of Chapter 22 of the PPRA.
However, this section operates in conjunction with Part 4
"Deciding applications" of Chapter 22 of the PPRA. Part 4
includes section 766(1) "Consideration of application for
forfeiture order" that states, On the hearing of an application for
a forfeiture order for an evasion offence, the relevant court may
order that the motor vehicle be forfeited to the State or
impounded for the period, of not more than 3 months, fixed by the
court if the person to whom the application relates has been
found guilty of 2 evasion offences committed within the
prescribed period. References to forfeiture orders also appear in
Part 3 "Obtaining impounding and forfeiture orders" of Chapter
22 of the PPRA. Consequently, section 785 is amended to
replace the word "part" with "chapter" to avoid any confusion
about the scope of this section; and
· Minor amendments as consequence of renumbering of act and
drafting inconsistencies in previous amendment Acts --
A new section 859 "Declaratory provision about renumbering" is to
be inserted into the PPRA to remove any doubt that in any instrument,
document or order made or issued during the transitional period
between 20 July 2006 and the commencement of this section is lawful
and sufficient despite the instrument, document or order showing an
out-dated PPRA section number after that Act was renumbered.
The new sections 860 and 861 validate amendments to the PPRA
arising from the Police Powers and Responsibilities (Motorbike Noise)
Amendment Act 2005 and the Police Powers and Responsibilities and
Other Acts Amendment Act 2006, notwithstanding minor drafting
inconsistencies in these amendment Acts.
Amendments to the Prostitution Act 1999
The Prostitution Amendment Bill 2006 included an amendment to Part 4
"Development approvals for brothels" of the Prostitution Act to implement
recommendation 13 of the Crime and Misconduct Commission report of
the regulation of the prostitution industry in Queensland. During
preparation of this Bill, advice from the Department of Local Government,
Planning, Sport and Recreation necessitated a number of changes to the
proposed amendments to correct minor drafting errors and to more clearly
set out the scope of the Independent Assessor's powers to hear appeals
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Summary Offences and Other Acts Amendment Bill
2006
under Part 4 of the Prostitution Act. These amendments were subsequently
drafted by the Office of the Queensland Parliamentary Counsel to amend
clauses 12 to 14 and 39 of the Prostitution Amendment Bill. However, the
amendments in committee were not made to the Bill before it was assented
to by Parliament and have been subsequently included in the Summary
Offences and Other Acts Amendment Bill.
Other Acts Amended
The miscellaneous amendments in Schedule 1 "Minor amendments of
Police Powers and Responsibilities Act 2000" and Schedule 2 "Other Acts
amended" (Police Service Administration Act 1990 and the Weapons Act
1990) are necessary to omit and replace redundant provisions or correct
minor drafting inconsistencies.
All of the proposed amendments are essential to ensure that police officers
may more effectively combat graffiti crime, that road safety is maintained
in Queensland, that the evade police legislation operates effectively, that
officers-in-charge may delegate their responsibilities under the Domestic
and Family Violence Protection Act 1989, that the appeal provisions of the
Prostitution Act 1999 are widened and that outdated or inconsistent
provisions of the PPRA, the Police Service Administration Act 1990 and
the Weapons Act 1990 are addressed.
Means of Achieving Policy Objectives
The Bill achieves the objectives by amending the Summary Offences Act
2005, the Domestic and Family Violence Protection Act 1989, the Police
Powers and Responsibilities Act 2000, the Police Service Administration
Act 1990, the Prostitution Act 1999 and the Weapons Act 1990.
Alternative means of achieving policy objectives
There are no alternatives that would achieve the policy objectives other
than by the amendments in this Bill.
Costs for Government of implementation
Any additional costs to the Police Department arising from the banning of
the sale of spray paint cans to minors will be met within existing budget
provisions.
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Summary Offences and Other Acts Amendment Bill
2006
There may be some additional costs for the Department of Justice and
Attorney-General in relation to the new offence of sale of spray cans to
minors in terms of Magistrate's time and the processing of documents
through the Registry. However, the Queensland Police Service is unable to
estimate potential costs at this time. Accordingly, the Department will
monitor any cost implications resulting from these amendments.
Any additional costs to the Police Department arising from the prohibition
of unauthorised SMS messages and similar communications about police
radar and similar traffic enforcement sites will be met within existing
budget provisions.
Consistency with Fundamental Legislative Principles
The prohibition on the sale of spray paint cans to minors will be in the
public interest because it should enhance the existing laws to prevent
unlawful graffiti damage to public and private property in the State. The
banning of SMS alerts and similar messages about police traffic
enforcement sites in trade or commerce will also protect the public interest
by ensuring road safety standards in Queensland are not compromised by
the alert warnings. The banning of SMS alerts and similar messages about
police traffic enforcement sites will be confined to persons engaged in trade
or commerce and will not impede the general public's right to freedom of
speech and communication.
Consultation conducted in Development of the Bill
The following departments were consulted during the preparation of the
Bill:
· Department of Aboriginal and Torres Strait Islander Policy
· Department of Communities
· Department of the Premier and Cabinet
· Department of Justice and Attorney-General
· Department of Local Government, Planning, Sport and
Recreation
· Disability Services Queensland
· Department of Transport - Queensland Transport
· Office of Fair Trading
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Summary Offences and Other Acts Amendment Bill
2006
Notes on Provisions
Summary Offences and Other Acts Amendment Bill 2006
Part 1 Preliminary
Clause 1 - Short title
Clause 1 specifies the short title of the Bill.
Clause 2 - Commencement
Clause 2 provides for:
· sections 4, 5, 7, 8, 12, 13, 15 and 16 commence on a day to be
fixed by proclamation;
· Part 5 commences immediately after the commencement of the
Prostitution Amendment Act 2006, part 2; and
Part 2 Amendment of Summary
Offences Act 2005
Clause 3 - Act amended in pt 2
Clause 3 provides that Part 2 of the Bill amends the Summary Offences Act
2005.
Clause 4 - Amendment of s 23 (Sale of potentially harmful
things)
Clause 4(1) amends section 23(1) of the Act by omitting the words `A
person (the seller)' and inserting the words `A seller' for consistency with
other provisions in the Act relating to `sellers'.
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Summary Offences and Other Acts Amendment Bill
2006
Clause 4(2) amends section 23(3) of the Act by omitting the definition
"sell" because this term will be defined in Schedule 2 "Dictionary" of this
Act.
Clause 5 - Insertion of new ss 23A-23E
Clause 5 inserts five new sections in the Summary Offences Act 2005
relating to the prohibition of the sale of spray paint to minors.
Clause 5 inserts a new section after section 23, namely section 23A "Seller
must take prevention measures in relation to spray paint" that requires in
relation to a sale of spray paint, a seller who is an employer must take
prevention measures in relation to each employee of the seller. A
maximum penalty of 40 penalty units will apply to a contravention of this
requirement. Section 23A(3) sets out the prevention measures that a seller
must take in relation to an employee.
Clause 5 inserts a new section 23B "Sale of spray paint to minors" that
provides in subsection (1) that a seller of spray paint must not sell spray
paint to a minor. The maximum penalties are (a) for a first offence - 140
penalty units; (b) for a second offence - 280 penalty units and (c) for a third
or later offence - 420 penalty units for a contravention of this prohibition.
Section 23B(2) that an employee of the seller who sells spray paint can not
be prosecuted under this section.
Section 23B(3) provides defence grounds to a charge of an offence against
subsection 23B(1) for a seller to prove--
(a) that the seller, or an employee of the seller, required the minor to
produce acceptable evidence of age; and
(b) the person produced acceptable evidence of age; and
(c) the seller or employee had no reason to believe that the evidence was
false.
Section 23B(4) provides that for the purposes of the Anti-Discrimination
Act 1991, section 46 "Discrimination in goods and services area", a seller
is not to be taken to discriminate against a person only because the seller
refuses to sell spray paint to a minor because of subsection 23B(1).
Section 23B(5) in this section defines "acceptable evidence of age" of a
person to mean a document that--
(a) is a driver licence, proof of age card or an Australian or foreign
passport; and
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Summary Offences and Other Acts Amendment Bill
2006
(b) bears a photograph of the person; and
(c) indicates by reference to the person's date of birth or otherwise that
the person has attained a particular age.
Clause 5 inserts a new section 23C "When employee of seller liable" and
provides in subsection (1) that this section applies if a seller has, in relation
to an employee of the seller, taken the prevention measures mentioned in
section 23A(3). Section 23C(2) provides that the employee of the seller
must not, in the course of the employee's employment, sell spray paint to a
minor. Maximum penalties apply to a contravention of this provision,
namely:
(a) for a first offence--20 penalty units; or
(b) for a second or later offence--40 penalty units.
The new section 23C(3) provides that for deciding whether a person has
committed a second or latter offence for subsection (2), it does not matter
whether the prevention measures taken in relation to the employee were
taken by the same or a different employer.
Clause 5 inserts a new section 23D "Seller of spray paint must display
prohibition sign" that provides in subsection (1) that a seller of spray paint
who is an employer must display, as prescribed under a regulation, a
prohibition sign at each point of sale at the seller's retail outlet. A
maximum penalty of 20 penalty units is provided for a contravention of this
provision. Section 23D(2) provides that in this section:
· "point of sale" means a counter or similar fixture where spray paint
may be sold.
· "prohibition sign" means a sign about the supply of spray paint to
minors complying with the requirements prescribed under a
regulation.
· "retail outlet" means premises where spray paint is available for sale
to the public.
Clause 5 inserts a new section 23E "Provision about definition of sell for ss
23A-23D" in the Summary Offences Act 2005. Section 23E(1) provides
that this section applies for the application of the definition "sell" in the
dictionary to sections 23A to 23D. Section 23E(2) provides a seller does
not keep or expose for sale or offer to sell spray paint to a minor only
because the seller keeps or exposes for sale or offers to sell spray paint to
the public generally.
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Summary Offences and Other Acts Amendment Bill
2006
Clause 6 - Insertion of new s 24A
Clause 6 inserts after section 24 a new section 24A "Unlawful SMS
messages etc." that provides in subsection (1) that a person must not, in
trade or commerce, provide, in Queensland or elsewhere, a service of
informing another person of the location of a traffic enforcement site for
the purpose of, or that has the effect of, enabling the other person to avoid,
or be prepared for, a check made at the site.
A maximum penalty of 100 penalty units is provided for a contravention of
this provision.
Section 24A(2) provides that for subsection (1), a person provides a service
of informing another person of the location of a traffic enforcement site if
the person makes information about the location of a traffic enforcement
site available to the other person by a relevant message service.
Section 24A(3) provides that subsection (1) does not apply to the provider
of a telephone service or an internet service provider only because another
person uses the provider's telephone or internet service to make
information about the location of a traffic enforcement site available to
someone else.
Section 24A(4) provides that in this section--
internet message means a message that may be viewed by a person on a
website.
message includes information in any form, whether or not for a particular
person.
relevant message means any of the following that informs a person of the
location of a traffic site-
(a) an internet message;
(b) an SMS message;
(c) another type of message that may be heard, read or otherwise viewed
by a person using a mobile phone
SMS message means a text message sent using the mobile phone service
known as the short messaging service.
traffic enforcement site means a place being used by a police officer to
perform random or systematic checks of compliance by drivers with the
Transport Operations (Road Use Management) Act 1995.
Examples of traffic enforcement site--
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Summary Offences and Other Acts Amendment Bill
2006
· the site of a speed camera
· a random breath test site
· a vehicle safety check site
Clause 7 - Amendment of s 27 (Forfeiture)
Clause 7 amends section 27 of the Summary Offences Act 2005 to insert a
reference to the new section 23B "Sale of spray paint to minors" and the
new section 23C "When employee of seller liable" to provide for a court
that finds a person guilty of an offence under either section to order that the
thing to which the offence relates be forfeited to the State.
Clause 8 - Amendment of sch 2 (Dictionary)
Clause 8 amends Schedule 2 of the Summary Offences Act 2005 to insert
the following definitions:
· "employee" of a seller, means a person who sells, or may sell, spray
paint in the course of the person's employment.
· "potentially harmful thing" see section 23.
· "sell" includes--
· (a) sell by wholesale, retail or auction; and
· (b) supply in trade or commerce or under an arrangement; and
· (c) agree, attempt or offer to sell; and
· (d) keep or expose for sale; and
· (e) cause or permit to be sold.
· "seller", of potentially harmful things or spray paint, means a person
who, in trade or commerce, sells potentially harmful things or spray
paint to the public, and includes an employee of a seller.
· "spray can" includes a thing that is made or adapted for use for
emitting paint by the operation of air, gas or vapour pressure on the
contents of the thing.
· "spray paint" includes--
(a) any liquid or other substance in a spray can that, if applied to a
surface of a thing by using a spray can, is designed to colour,
stain, mark or corrode the surface of the thing; and
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(a) a spray can.
Part 3 Amendment of Domestic and
Family Violence Protection Act
1989
Clause 9 - Act amended in pt 3
Clause 9 provides that Part 3 of the Bill amends the Domestic and Family
Violence Protection Act 1989.
Clause 10 - Amendment of sch (Dictionary)
Clause 10(1) amends the Schedule by inserting the definition, "officer-in-
charge" of a police station to include a police officer nominated by the
officer-in-charge of the police station as the officer-in-charge of the police
station during the officer-in-charge's absence. The amendment will allow
the officer-in-charge responsibilities under section 70 "Duty of police
officer who has taken a person into custody under s 69" to be delegated to
other police officers during the absence of the officer-in-charge.
Clause 10(2) amends the definition "holding cell" to remove a redundant
reference to "police establishment".
Part 4 Amendment of Police Powers
and Responsibilities Act 2000
Clause 11 - Act amended in pt 4 and sch 1
Clause 11 provides that Part 5 and Schedule 1 "Minor amendments of
Police Powers and Responsibilities Act 2000" amend the Police Powers
and Responsibilities Act 2000 (PPRA). Schedule 1 corrects minor drafting
irregularities in that Act.
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Clause 12 - Amendment of s 30 (Prescribed circumstances for
searching persons without warrant)
Clause 12 amends section 30(a)(viii) of the PPRA by omitting the words
from "section 17" and inserting, "section 17 or 23B or 23C" to empower
police officers to stop, detain and search persons without a warrant under
section 29 "Searching persons without warrant" of the Police Powers and
Responsibilities Act 2000 and to seize property that may be evidence of the
commission of the new graffiti offence in section 23B "Sale of spray paint
cans to minors" and section 23C "When employee of seller liable" of the
Summary Offences Act 2005. This will be in addition to the existing power
for police officers to stop, detain and search persons without warrant and to
seize property that may be evidence of the commission of a graffiti offence
against section 17 "Graffiti instrument" of the Summary Offences Act 2005.
Clause 13 - Amendment of s 32 (Prescribed circumstances for
searching vehicle without warrant)
Clause 13 amends section 32(l) of the PPRA by omitting from "section 17"
and inserting, "section 17 or 23B or 23C; or" to empower police officers to
stop a vehicle, detain the vehicle and its occupants and search the vehicle
without a warrant under section 30 "Searching vehicles without warrant" of
the Police Powers and Responsibilities Act 2000 and to seize property that
may be evidence of the commission of the new graffiti offence in section
23B "Sale of spray paint cans to minors" and section 23C "When employee
of seller liable" of the Summary Offences Act 2005. This will be in
addition to the existing power for police officers to stop vehicles, detain
vehicles and their occupants and to search vehicles without warrant and to
seize property that may be evidence of the commission of a graffiti offence
against section 17 "Graffiti instrument" of the Summary Offences Act 2005.
Clause 14 - Amendment of s 43 (Unlawful supply of smoking
products to children)
Clause 14(1) amends section 43 by omitting the word "children" from the
heading and inserting the word "minors" of the PPRA. Section 36
"Meaning of commonly used words and expressions" of the Acts
Interpretation Act 1954 defines "minor" to mean an individual who is
under 18. The term "child" is defined in Schedule 6 "Dictionary" of the
Police Powers and Responsibilities Act 2000 to mean "a child within the
meaning of the Juvenile Justice Act 1992". The Juvenile Justice Act 1992
defines "child" to mean (a) a person who has not turned 17 years; or (b)
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Summary Offences and Other Acts Amendment Bill
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after a day fixed under section 6 (Child's age regulation)-a person who has
not turned 18 years. No regulation has been made for subsection (b).
However, section 43 of the Police Powers and Responsibilities Act 2000
operates in conjunction with the Tobacco and Other Smoking Products Act
1998. The Schedule "Dictionary" of this latter Act defines "child" to mean
an individual who is under 18 (i.e. a minor). Consequently, it is necessary
to amend section 43 of the Police Powers and Responsibilities Act 2000 to
be consistent with the Tobacco and Other Smoking Products Act 1998.
Clause 14(2) amends section 43 by omitting the provisions "a child" where
they appear and inserting in their place the provisions "under 18 years" to
remove any doubt that the section is consistent with the Tobacco and Other
Smoking Products Act 1998.
Clause 15 - Insertion of new s 43A
Clause 15 inserts a new section 43A "Unlawful sale of spray paint to
minors" in the PPRA. The new section is parallel to section 43 "Unlawful
supply of smoking products to children" of the Police Powers and
Responsibilities Act 2000. Section 43A will apply if a police officer either
observes a person being sold a thing the police officer reasonably suspects
is spray paint; or reasonably suspects a person has just been sold spray
paint; and reasonably suspects the person is under 18. A police officer
may:
· ask the person to show acceptable evidence of age of the person; and
· require the person to produce the thing sold to the person.
The police officer may seize the spray paint if the person either refuses, or
is unable, to comply with the request; or shows acceptable evidence of age
of the person showing the person is under 18 and the police officer
reasonably suspects the spray paint is evidence of an offence against the
Summary Offences Act 2005. This section includes two definitions:
· "acceptable evidence of age" has the meaning given to it by the
Summary Offences Act 2005, schedule 2.
· "spray paint" has the meaning given to it by the Summary Offences
Act 2005, schedule 2.
Clause 16 - Omission of s 608 (Expiry of ss 604-607)
Clause 16 omits section 608 of the PPRA that provides that sections 604 to
607 and that section expire 1 year after they commence unless a regulation
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extends the operation of the provisions and that section for periods of up to
1 year. The provisions have been extended to 31 December 2006. Sections
604 to 607 are included in Part 6 "Miscellaneous powers", Division 1
"Potentially harmful things" of the Police Powers and Responsibilities Act
2000. These provisions relate to persons at a declared locality who are
affected by the ingestion or inhalation of a potentially harmful thing. It is
appropriate for a police officer to take the person to a place of safety at
which the person can receive treatment of care necessary to enable the
person to recover safely from the effects of the potentially harmful thing. It
is lawful for the police officer to detain the person for the purpose of taking
the person to the place of safety.
The omission of section 608 is necessary to enable the ongoing operation
of the powers in sections 604-607 in the declared localities prescribed in
Part 2B of the Police Powers and Responsibilities Regulation 2000.
Clause 17 - Amendment of s 697 (Cost recovery for animal held
by commissioner under order under s 696)
Clause 17 amends section 697 of the PPRA, by omitting the heading from
"held" and replacing it with the words "held in possession of police
service". The clause also replaces subsection 1 to remove any doubt that
this section applies in relation to an animal seized by a police officer and
held in the possession of the police service whether or not an order has
been made under section 696 "Orders issuer may make in relation to seized
thing" of the PPRA.
Clause 18 - Amendment of s 705 (Destruction of drug matter
soon after it is seized etc.)
Clause 18(1) amends section 705 "Destruction of drug matter soon after it
is seized etc" of the PPRA by omitting subsection (3) because it is to be
transferred into a new section 705A of the PPRA. Clause 18(2) amends
section 705(4) by renumbering it as section 705(3) as a consequence of
clause 18(1).
Clause 19- Insertion of new s 705A
Clause 19 inserts a new section 705A "Disposal of things used for
administering etc. dangerous drugs" in the PPRA to authorise the
Commissioner to destroy drug matter for the use, of that has been used, in
connection with the administration, consumption or smoking of a
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dangerous drug and it is no longer required as evidence in a proceeding.
This amendment will provide the Commissioner with authority to destroy
and dispose of pipes and utensils without having to first obtain an order for
forfeiture of the relevant things to the State under section 701 "Disposal of
seized things at end of proceeding" of the PPRA.
Clause 20 - Amendment of s 747 (Definitions for ch 22)
This clause amends section 747 of the PPRA by omitting the definition
"relevant period and inserting a new definition to clarify the meaning of
this term.
Clause 21 - Amendment of s 755 (When evasion offence notice
may be given to owner of motor vehicle involved in offence)
Clause 21(1) amends section 755(2) of the PPRA by omitting all words
from "state" and inserting the words, `give a declaration to -
(a) the police officer named in the notice, or
(b) the officer in charge of a stated police station or police establishment.'
The amendment is necessary to ensure section 755(2) is consistent with
subsections 756(1)(a) and (b) "Who may be prosecuted for evasion offence
if no response to evasion offence notice" of the Police Powers and
Responsibilities Act 2000 that provide that this section applies only if a
police officer gives an evasion offence notice to a person under section 755
and the person given the notice does not give a police officer a declaration
as required under that section within the time required under that section.
Clause 21(2) amends section 755(4) of the PPRA by omitting the words
"owner the notice" and inserting the words, "notice to an owner who is an
individual" to be consistent with subsection 755(3) that provides that if the
owner is an individual, the evasion offence notice must be given to the
owner personally. Consequently, neither subsection will apply to owners
that are corporations.
Clause 21(3) amends section 755(5) of the PPRA by inserting a new
subsection (d) to provide that an evasion offence notice is to mention the
consequences if an owner does not comply with the requirement within 4
business days to give a declaration.
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Clause 22 - Amendment of s 756 (Who may be prosecuted for
evasion offence if no response to evasion offence notice)
Clause 22 amends section 756(1)(b) of the PPRA by omitting the
provisions, "a police officer" to correct a drafting inconsistency.
Clause 23 - Amendment of s 758 (Application for impounding
order for evasion offence)
Clause 23 amends section 758(1) of the PPRA by inserting after the words
"evasion offence" where first mentioned the words, "committed within the
relevant period" to make this subsection consistent with section 759
"Application for forfeiture order for evasion offence" that refers to evasion
offences committed within the "relevant period" that is defined in section
747 "Definitions for ch 22" of the Police Powers and Responsibilities Act
2000.
Clause 24 - Amendment of s 770 (Motor vehicle not to be sold
etc. before charge of offence is decided)
Clause 24(1) amends the heading of section 770 of the PPRA by omitting
the words, "charge of offence" and replacing them with the word,
"application" for drafting consistency.
Clause 24(2) amends section 770 of the PPRA by omitting subsection (1)
and replacing it with a new subsection (1) that provides that this section
applies in relation to a motor vehicle that is the subject of an application for
an impounding order or a forfeiture order.
Clause 24(3) amends section 770(2) by inserting from "before" the words,
"until the application for the impounding order or forfeiture order is
decided or otherwise ends".
These amendments are necessary because under the current provisions, if a
driver who is not the owner of a vehicle is charged with an evasion offence,
the owner of the motor vehicle must not modify or sell or otherwise dispose
of the motor vehicle before the proceeding is decided. If the driver (who
was not the owner) fails to appear in court in relation to the evasion
offence, the owner would not be able to sell or modify their car until the
matter is finalised. The outstanding matter may take a substantial period of
time to finalise. To address this matter, section 770 is to be amended to
relate to the period during which an application for an impounding order or
forfeiture order is decided or otherwise ends.
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Clause 25 - Amendment of s 785 (Disposal of forfeited motor
vehicle)
Clause 25 amends section 785 of the PPRA by replacing the word "part"
with the word "chapter". Section 785 is included in Part 5 "Other
provisions" of Chapter 22 of the PPRA. However, this section operates in
conjunction with Part 4 "Deciding applications" of Chapter 22. Part 4
includes section 766(1) "Consideration of application for forfeiture order"
that states, On the hearing of an application for a forfeiture order for an
evasion offence, the relevant court may order that the motor vehicle be
forfeited to the State or impounded for the period, of not more than 3
months, fixed by the court if the person to whom the application relates has
been found guilty of 2 evasion offences committed within the prescribed
period. References to forfeiture orders also appear in Part 3 "Obtaining
impounding and forfeiture orders" of Chapter 22. Consequently, section
785 is amended to replace the word "part" with "chapter" to remove any
confusion.
Clause 26 - Insertion of new ss 859-861
The clause inserts a new section 859 "Declaratory provision about
renumbering" that provides, (1) To remove any doubt, it is declared that in
any instrument, document or order made or issued during the transitional
period, it was always lawful and sufficient for all purposes to refer to a
provision of this Act by a number it had immediately before the transitional
period, or by any number it had during the transitional period, even though
the provision had been renumbered, with or without amendment, before the
issuing or making of the instrument, document or order. Section 859(2)
provides, `In this section - transitional period means the period between 20
July 2006 and the commencement of this section'.
The clause also inserts Part 8 "Transitional provisions for Summary
Offences and Other Acts Amendment Act 2009" in Chapter 24 "Repeals,
transitional provisions and amendments" in the PPRA.
The clause inserts a new section 860 "References to provisions in s 861" in
the PPRA provides that a reference in section 861 to a provision of the
Police Powers and Responsibilities Act 2000, whether or not the provision
had commenced, is a reference to the provision as numbered before the
commencement of the Police Powers and Responsibilities and Other Acts
Amendment Act 2006, section 84 "Insertion of new s 459A "Renumbering
of Act".
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The clause also inserts a new section 861 "Effect of particular
amendments" in the PPRA that declares that the amendment of the
following provisions of the Police Powers and Responsibilities Act 2000
had effect as if:
· for section 361(2)--the words `to `direction'' had appeared after
``relates'' in the Police Powers and Responsibilities (Motorbike Noise)
Amendment Act 2005, section 20(2); and
· for section 204--the word `After' did not appear before the word
`section' in the Police Powers and Responsibilities and Other Acts
Amendment Act 2006, section 39; and
· for section 371AB(4)--the word `omit,' did not appear before the
word `insert' in the Police Powers and Responsibilities and Other Acts
Amendment Act 2006, section 49(1).
Part 5 Amendment of Prostitution Act
1999
Clause 27 - Act amended in pt 5
Clause 27 provides that Part 6 amends the Prostitution Act 1999.
Clause 28 - Replacement of ss 62 and 63
Clause 28 omits sections 62 and 63 of the Prostitution Act 1999 and inserts
in their place a new section 62 "Definitions for pt 4" that provides that in
this part (Part 4 Development approvals for brothels):
· "application land" means land the subject of a development
application.
· "development application" means an application under the Integrated
Planning Act for--
(a) a material change of use of premises for a brothel; or
(b) a minor change to a development approval for a brothel or a
request to change or cancel conditions of a development
approval.
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Clause 29 - Amendment of s 64A (Object of appeal divisions)
Clause 29 amends section 64A(1) of the Prostitution Act 1999 by omitting
the words "code assessable development applications" and replacing them
with, "particular development applications" to acknowledge that appeal
provisions may apply to both code assessable development applications
and impact assessable development applications.
Clause 30 - Amendment of s 64K (Appeals by applicants)
Clause 30(1) amends section 64K(1) of the Prostitution Act 1999 by
omitting the words "An applicant for a code assessable development
application may, as permitted under the Integrated Planning Act, section
4.1.27 appeal to the independent assessor against" and inserting in their
place the words, "An applicant for a development application that an
assessment manager decides requires code assessment under the Integrated
Planning Act may appeal to the independent assessor against". Reference
to "a development application" is necessary as a consequence of the appeal
provisions applying to both code assessable development applications and
impact assessable development applications.
Clause 30(2) amends section 64K of the Prostitution Act 1999 by inserting
subsection (1A) that provides that also, an applicant for a development
application may appeal to the independent assessor against a statement in
an acknowledgment notice under the Integrated Planning Act that an aspect
of the development applied for requires impact assessment.
This amendment will allow an applicant for a development application that
an assessment manager decides requires impact assessment under the
Integrated Planning Act 1997 to appeal to the Independent Assessor
against a matter listed under section 64K(1) of the Prostitution Act 1999.
Clause 30(3) amends section 64K(2) by inserting after "after" the words,
"either of the following happens under the Integrated Planning Act" to be
consistent with other amendments to this Act.
Clause 30(4) amends section 64K(2)(a) of the Prostitution Act 1999 by
including after the words "decision notice" the words, "or acknowledgment
notice is given to the applicant" as a consequence of the new subsection
(1A).
Clause 30(5) amends section 64K(4) by omitting the provisions "and (3)"
and replacing them with the provisions ", (2) and (4)" as renumbered in
accordance with Clause 30(6).
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Clause 30(6) amends section 64K(1A) to (4) by renumbering them as
subsections 64K(2) to (5).
Clause 31 - Amendment of sch 4 (Definitions)--
Clause 31 amends Schedule 4 "Definitions" of the Prostitution Act 1999 by
omitting the definition "code assessable development application" because
this term has been replaced by "particular development applications"
(Clause 29).
Part 6 Other Acts amended
Clause 32 - Acts amended in sch 2
Clause 32 provides that Schedule 2 "Other Acts amended" amends the Acts
it mentions, namely the Police Service Administration Act 1990 and the
Weapons Act 1990. The amendments remove redundant terms and correct
punctuation and other minor drafting irregularities.
(Schedule 1 already mentioned contains minor amendments to the Police
Powers and Responsibilities Act 2000).
© State of Queensland 2006