Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 24A

24A Unlawful SMS messages etc.

(1) 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.

Penalty—

Maximum penalty—100 penalty units.

(2) 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.

(3) 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 inform someone else of the location of a traffic enforcement site.

(4) 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 enforcement 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 or the Heavy Vehicle National Law (Queensland).

Examples of traffic enforcement site—

• the site of a speed camera

• a random breath test site

• a vehicle safety check site