Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SCHEDULE 2

SCHEDULE 2 – Dictionary

"acceptable evidence of age" , for a person, means—

(a) a document that—

(i) is a driver licence, proof of age card or an Australian or foreign passport; and

(ii) bears a photograph of the person; and

(iii) indicates by reference to the person’s date of birth or otherwise that the person has attained a particular age; or

(b) a digital authority that complies with paragraph (a) (ii) and (iii) ; or

(c) a digital evidence of age; or

(d) a digital evidence of identity.

(a) an authorised industrial officer appointed under the Industrial Relations Act 2016 , section 337 ; or

(b) a permit holder under the Fair Work Act 2009 (Cwlth) ; or

(c) a WHS entry permit holder under the Work Health and Safety Act 2011 .

(a) for part 2 , division 4B , see section 19E ; or

(b) for sections 23A to 23E , means a person who sells, or may sell, spray paint in the course of the person’s employment.

(a) a container from which paint or another marking substance may be forced by pressure, suction or in another way; or

(b) an etching instrument.

Note—

Under the Acts Interpretation Act 1954 , section 32 , if an Act defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.

(a) means a place that is open to or used by the public, whether or not on payment of a fee; and

(b) without limiting paragraph (a) , in part 3 includes the following—

(i) land declared to be busway land under the Transport Infrastructure Act 1994 , chapter 9 ;

(ii) land that is rail corridor land under the Transport Infrastructure Act 1994 .

(a) sell by wholesale, retail or auction; and

(b) supply in trade or commerce or under an arrangement; and

(c) sell online or at any place; and

Examples of places where a sale may happen—

retail premises, a flea market, a temporary retail stall, a private residence

(d) sell, outside Queensland, to a person in Queensland; and

(e) agree, attempt or offer to sell; and

(f) keep or expose for sale; and

(g) cause or permit to be sold.

Notes—

1 For part 2 , division 4B ,
"sell" has the meaning affected by section 19F .

2 For sections 23A to 23D ,
"sell" has the meaning affected by section 23E .

(a) a person who, in trade or commerce, sells spray paint to the public; or

(b) an employee of a person mentioned in paragraph (a) .

(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

(b) the spray can.

(a) for a dwelling other than a boat, the parcel of land related to the dwelling that appears to be within identifiable boundaries; or

Examples for paragraph (a)—

1 The boundaries may be defined by the position of fencing.

2 There may be a garden along a boundary of the land giving a general indication of where the boundary is.

3 It may be easy to recognise the position of the front boundary of land because of the position of fencing along the front of adjoining land.

(b) for a place used for a business purpose, a part of the place not occupied by buildings—

(i) that is fenced in a way that ordinarily restricts access to the place when the place is not open to the public; or

(ii) that is otherwise ordinarily enclosed to restrict access to the place; or

(iii) to which entry is prohibited by signs displayed on the premises.

Example for paragraph (b)—

The place may have a high chain-wire fence along its boundaries.