Queensland Numbered Acts

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SUMMARY OFFENCES ACT 2005 No. 4 - SCHEDULE 1

ACTS AMENDED
'• Summary Offences Act 2005'.
'(e) the Summary Offences Act 2005;'.

'Despite the repeal of the Vagrants, Gaming and Other Offences Act 1931, an offence against that Act that is an arrest offence continues to be an arrest offence for which a court may order that a child's identifying particulars may be taken under section 25 or 255 of this Act.9'.

'(1) This section applies to an offence under the Summary Offences Act 2005 that is a declared offence for this Act.

'(2) A police officer who suspects a person has committed a declared offence must, if reasonably practicable, give the person a reasonable opportunity to explain--

(a) if the offence involves the person's presence at a place--why the person was at the place; or
(b) if the offence involves entering a place--why the person entered the place; or
(c) if the offence involves any of the following, why the person did the relevant thing--
(i) parachuting or hang-gliding onto a building or structure;
(ii) BASE-jumping or hang-gliding from a building or structure;
(iii) climbing up or down the outside of a building or a structure;
(iv) abseiling from a building or structure; or
(d) if the offence involves possession of a graffiti instrument or an implement--why the person was in possession of the graffiti instrument or implement at the relevant time; or
(e) if the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained--how the person came to have possession of the thing.

'(3) If--

(a) the person fails to give an explanation; or
(b) the police officer considers the explanation given is not a reasonable explanation; or
(c) because of the person's conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation;
Example for paragraph (c)--
It may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person's conduct, for example, the person may be struggling or speaking loudly without stopping.

the police officer may start a proceeding against the person for the declared offence.

'(4) In this section--

declared offence means an offence against sections 11, 12, 13(1), 14, 15, 16 or 17 of the Summary Offences Act 2005.10'.

'Despite the repeal of the Vagrants, Gaming and Other Offences Act 1931, an offence against that Act continues to be an identifying particulars offence for this Act.'.

'(1) To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Summary Offences Act 2005 but merely moved (without re-enactment) from the Vagrants, Gaming and Other Offences Act 1931 to this Act.

'(2) Without limiting subsection (1) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provisions did not impliedly repeal or amend, or otherwise affect the operation of the relocated provisions or the provisions of any other law and, in particular, did not affect the meaning or effect that the relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted.

'(3) In an Act or document, a reference to a relocated provision may, if the context permits, be taken to be a reference to the provision in this Act.

'(4) In this section--

relocated provisions means the provisions relocated to this Act by the Summary Offences Act 2005, schedule 1, amendment of the Vagrants, Gaming and Other Offences Act 1931.'.

'(c) an offence against the Classification of Publications Act 1991, part 3;11 or'.


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