{"id":"qld:act-2005-004","name":"Summary Offences Act 2005","slug":"summary-offences-act-2005","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"4 of 2005","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30379,"registerId":"qld-act-2005-004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Summary Offences Act 2005 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act commences on a day to be fixed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 2 defines particular words used in this Act.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Notes","content":"### sec.4 Notes\n\nA note in the text of this Act is part of this Act.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Offences","content":"# Offences","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Offences about quality of community use of public places","content":"## Offences about quality of community use of public places","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Object of div 1","content":"### sec.5 Object of div 1\n\nThis division has, as its object, ensuring, as far as practicable, members of the public may lawfully use and pass through public places without interference from acts of nuisance committed by others.","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Public nuisance","content":"### sec.6 Public nuisance\n\nA person must not commit a public nuisance offence.\nMaximum penalty—\nif the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or\notherwise—10 penalty units or 6 months imprisonment.\nA person commits a public nuisance offence if—\nthe person behaves in—\na disorderly way; or\nan offensive way; or\na threatening way; or\na violent way; and\nthe person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.\nWithout limiting subsection (2) —\na person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and\na person behaves in a threatening way if the person uses threatening language.\nIt is not necessary for a person to make a complaint about the behaviour of another person before a police officer may start a proceeding against the person for a public nuisance offence.\nAlso, in a proceeding for a public nuisance offence, more than 1 matter mentioned in subsection (2) (a) may be relied on to prove a single public nuisance offence.\nIt is a circumstance of aggravation for this section for a person to commit a public nuisance offence in either or both of the following circumstances—\nwithin licensed premises, or in the vicinity of licensed premises;\nthe circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.\ns 6 amd 2014 No. 42 s 124 ; 2023 No. 26 s 29\n(sec.6-ssec.1) A person must not commit a public nuisance offence. Maximum penalty— if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or otherwise—10 penalty units or 6 months imprisonment.\n(sec.6-ssec.2) A person commits a public nuisance offence if— the person behaves in— a disorderly way; or an offensive way; or a threatening way; or a violent way; and the person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.\n(sec.6-ssec.3) Without limiting subsection (2) — a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and a person behaves in a threatening way if the person uses threatening language.\n(sec.6-ssec.4) It is not necessary for a person to make a complaint about the behaviour of another person before a police officer may start a proceeding against the person for a public nuisance offence.\n(sec.6-ssec.5) Also, in a proceeding for a public nuisance offence, more than 1 matter mentioned in subsection (2) (a) may be relied on to prove a single public nuisance offence.\n(sec.6-ssec.6) It is a circumstance of aggravation for this section for a person to commit a public nuisance offence in either or both of the following circumstances— within licensed premises, or in the vicinity of licensed premises; the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.\n- (a) if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or\n- (b) otherwise—10 penalty units or 6 months imprisonment.\n- (a) the person behaves in— (i) a disorderly way; or (ii) an offensive way; or (iii) a threatening way; or (iv) a violent way; and\n- (i) a disorderly way; or\n- (ii) an offensive way; or\n- (iii) a threatening way; or\n- (iv) a violent way; and\n- (b) the person’s behaviour interferes, or is likely to interfere, with the peaceful passage through, or enjoyment of, a public place by a member of the public.\n- (i) a disorderly way; or\n- (ii) an offensive way; or\n- (iii) a threatening way; or\n- (iv) a violent way; and\n- (a) a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and\n- (b) a person behaves in a threatening way if the person uses threatening language.\n- (a) within licensed premises, or in the vicinity of licensed premises;\n- (b) the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Urinating in a public place","content":"### sec.7 Urinating in a public place\n\nA person must not urinate in a public place, other than by using a toilet.\nMaximum penalty—\nif the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or\notherwise—2 penalty units.\nIn a proceeding for an offence against subsection (1) , evidence that liquid was seen to be discharged from the vicinity of a person’s pelvic area is enough evidence that the person was urinating.\nBefore a police officer takes enforcement action for an offence against subsection (1) , the officer must consider whether, in all the circumstances, it is more appropriate to take no action.\nWithout limiting subsection (3) , the police officer must have regard to the following circumstances—\nwhether any vulnerability, or special health needs, of the person contributed to the person committing the offence;\nwhether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone.\nIn this section—\nenforcement action , in relation to an offence against subsection (1) , means—\nstarting a proceeding for the offence; or\nserving an infringement notice for the offence.\ns 7 sub 2008 No. 65 s 4\namd 2014 No. 42 s 125 ; 2023 No. 21 s 63\n(sec.7-ssec.1) A person must not urinate in a public place, other than by using a toilet. Maximum penalty— if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or otherwise—2 penalty units.\n(sec.7-ssec.2) In a proceeding for an offence against subsection (1) , evidence that liquid was seen to be discharged from the vicinity of a person’s pelvic area is enough evidence that the person was urinating.\n(sec.7-ssec.3) Before a police officer takes enforcement action for an offence against subsection (1) , the officer must consider whether, in all the circumstances, it is more appropriate to take no action.\n(sec.7-ssec.4) Without limiting subsection (3) , the police officer must have regard to the following circumstances— whether any vulnerability, or special health needs, of the person contributed to the person committing the offence; whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone.\n(sec.7-ssec.5) In this section— enforcement action , in relation to an offence against subsection (1) , means— starting a proceeding for the offence; or serving an infringement notice for the offence.\n- (a) if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or\n- (b) otherwise—2 penalty units.\n- (a) whether any vulnerability, or special health needs, of the person contributed to the person committing the offence;\n- (b) whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone.\n- (a) starting a proceeding for the offence; or\n- (b) serving an infringement notice for the offence.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":null,"content":"### Section sec.8\n\ns 8 om 2023 No. 21 s 64","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Wilful exposure","content":"### sec.9 Wilful exposure\n\nA person in a public place must not wilfully expose the person’s genitals, unless the person has a reasonable excuse.\nMaximum penalty—\n2 penalty units; or\nif the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.\nA person who is so near a public place that the person may be seen from the public place must not wilfully expose the person’s genitals so that the person’s genitals may be seen from the public place, unless the person has a reasonable excuse.\nMaximum penalty—\n2 penalty units; or\nif the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.\nIt is a circumstance of aggravation for this section for a person to wilfully expose the person’s genitals so as to offend or embarrass another person.\ns 9 amd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.9-ssec.1) A person in a public place must not wilfully expose the person’s genitals, unless the person has a reasonable excuse. Maximum penalty— 2 penalty units; or if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.\n(sec.9-ssec.2) A person who is so near a public place that the person may be seen from the public place must not wilfully expose the person’s genitals so that the person’s genitals may be seen from the public place, unless the person has a reasonable excuse. Maximum penalty— 2 penalty units; or if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.\n(sec.9-ssec.3) It is a circumstance of aggravation for this section for a person to wilfully expose the person’s genitals so as to offend or embarrass another person.\n- (a) 2 penalty units; or\n- (b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.\n- (a) 2 penalty units; or\n- (b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":null,"content":"### Section sec.10\n\ns 10 sub 2014 No. 42 s 126\nom 2023 No. 21 s 65","sortOrder":12},{"sectionNumber":"pt.2-div.1A","sectionType":"division","heading":"Unlawful assembly offences","content":"## Unlawful assembly offences","sortOrder":13},{"sectionNumber":"sec.10A","sectionType":"section","heading":"Unlawful assembly","content":"### sec.10A Unlawful assembly\n\nIf—\n3 or more persons are present together for a common purpose; and\nthe conduct of them taken together—\nwould cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or\nif the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) —\nposes a risk to the health or safety of a person; or\nposes a risk to the welfare of an animal; or\nposes a biosecurity risk as defined under the Biosecurity Act 2014 ; or\nis likely to directly disrupt the operation of a business carried out on the land; or\nconduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product\nposes a risk to the safety of food produced for human or animal consumption;\neach of the persons commits an offence.\nMaximum penalty—\nif—\nthe offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and\nthe offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or\notherwise—1 year’s imprisonment.\nThe following are immaterial—\nwhether the original assembling was lawful or unlawful;\nwhat the common purpose is and whether it is lawful or unlawful;\nwhether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1) (b) (i) .\nSubsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 .\nIn this section—\nunlawful assembly means an assembly of persons who commit the offence under subsection (1) .\ns 10A ins 2008 No. 55 s 146\namd 2020 No. 3 s 132\n(sec.10A-ssec.1) If— 3 or more persons are present together for a common purpose; and the conduct of them taken together— would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — poses a risk to the health or safety of a person; or poses a risk to the welfare of an animal; or poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or is likely to directly disrupt the operation of a business carried out on the land; or conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product poses a risk to the safety of food produced for human or animal consumption; each of the persons commits an offence. Maximum penalty— if— the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or otherwise—1 year’s imprisonment.\n(sec.10A-ssec.2) The following are immaterial— whether the original assembling was lawful or unlawful; what the common purpose is and whether it is lawful or unlawful; whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1) (b) (i) .\n(sec.10A-ssec.2A) Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 .\n(sec.10A-ssec.3) In this section— unlawful assembly means an assembly of persons who commit the offence under subsection (1) .\n- (a) 3 or more persons are present together for a common purpose; and\n- (b) the conduct of them taken together— (i) would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or (ii) if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — (A) poses a risk to the health or safety of a person; or (B) poses a risk to the welfare of an animal; or (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product (E) poses a risk to the safety of food produced for human or animal consumption;\n- (i) would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or\n- (ii) if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — (A) poses a risk to the health or safety of a person; or (B) poses a risk to the welfare of an animal; or (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product (E) poses a risk to the safety of food produced for human or animal consumption;\n- (A) poses a risk to the health or safety of a person; or\n- (B) poses a risk to the welfare of an animal; or\n- (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or\n- (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product\n- (E) poses a risk to the safety of food produced for human or animal consumption;\n- (i) would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or\n- (ii) if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — (A) poses a risk to the health or safety of a person; or (B) poses a risk to the welfare of an animal; or (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product (E) poses a risk to the safety of food produced for human or animal consumption;\n- (A) poses a risk to the health or safety of a person; or\n- (B) poses a risk to the welfare of an animal; or\n- (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or\n- (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product\n- (E) poses a risk to the safety of food produced for human or animal consumption;\n- (A) poses a risk to the health or safety of a person; or\n- (B) poses a risk to the welfare of an animal; or\n- (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or\n- (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product\n- (E) poses a risk to the safety of food produced for human or animal consumption;\n- (a) if— (i) the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and (ii) the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or\n- (i) the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and\n- (ii) the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or\n- (b) otherwise—1 year’s imprisonment.\n- (i) the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and\n- (ii) the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or\n- (a) whether the original assembling was lawful or unlawful;\n- (b) what the common purpose is and whether it is lawful or unlawful;\n- (c) whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1) (b) (i) .","sortOrder":14},{"sectionNumber":"pt.2-div.1B","sectionType":"division","heading":"Offence about wearing or carrying particular clothing, jewellery or accessories in public places","content":"## Offence about wearing or carrying particular clothing, jewellery or accessories in public places","sortOrder":15},{"sectionNumber":"sec.10B","sectionType":"section","heading":"Objects of division","content":"### sec.10B Objects of division\n\nThe objects of this division are, as far as practicable—\nto ensure members of the public may lawfully use and pass through public places without experiencing fear or intimidation because others are visibly wearing or carrying prohibited items; and\nto reduce the likelihood of public disorder or acts of violence in public places.\ns 10B ins 2016 No. 62 s 398\n- (a) to ensure members of the public may lawfully use and pass through public places without experiencing fear or intimidation because others are visibly wearing or carrying prohibited items; and\n- (b) to reduce the likelihood of public disorder or acts of violence in public places.","sortOrder":16},{"sectionNumber":"sec.10C","sectionType":"section","heading":"Wearing or carrying prohibited item in a public place","content":"### sec.10C Wearing or carrying prohibited item in a public place\n\nA person in a public place must not wear or carry a prohibited item so that the item can be seen.\nMaximum penalty—\nfor a first offence—40 penalty units or 6 months imprisonment; or\nfor a second offence—60 penalty units or 9 months imprisonment; or\nfor a third or later offence—100 penalty units or 12 months imprisonment.\nA person who is in or on a vehicle that is in a public place must not wear or carry a prohibited item so that the item can be seen from the public place.\nMaximum penalty—\nfor a first offence—40 penalty units or 6 months imprisonment; or\nfor a second offence—60 penalty units or 9 months imprisonment; or\nfor a third or later offence—100 penalty units or 12 months imprisonment.\nIn this section—\nprohibited item see the Liquor Act 1992 , section 173EA .\ns 10C ins 2016 No. 62 s 398\n(sec.10C-ssec.1) A person in a public place must not wear or carry a prohibited item so that the item can be seen. Maximum penalty— for a first offence—40 penalty units or 6 months imprisonment; or for a second offence—60 penalty units or 9 months imprisonment; or for a third or later offence—100 penalty units or 12 months imprisonment.\n(sec.10C-ssec.2) A person who is in or on a vehicle that is in a public place must not wear or carry a prohibited item so that the item can be seen from the public place. Maximum penalty— for a first offence—40 penalty units or 6 months imprisonment; or for a second offence—60 penalty units or 9 months imprisonment; or for a third or later offence—100 penalty units or 12 months imprisonment.\n(sec.10C-ssec.3) In this section— prohibited item see the Liquor Act 1992 , section 173EA .\n- (a) for a first offence—40 penalty units or 6 months imprisonment; or\n- (b) for a second offence—60 penalty units or 9 months imprisonment; or\n- (c) for a third or later offence—100 penalty units or 12 months imprisonment.\n- (a) for a first offence—40 penalty units or 6 months imprisonment; or\n- (b) for a second offence—60 penalty units or 9 months imprisonment; or\n- (c) for a third or later offence—100 penalty units or 12 months imprisonment.","sortOrder":17},{"sectionNumber":"sec.10D","sectionType":"section","heading":"Defence for s 10C","content":"### sec.10D Defence for s 10C\n\nFor section 10C (1) and (2) , it is a defence for the person to prove—\nthe person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal or law enforcement purpose; and\nthe person’s conduct was, in the circumstances, reasonable for that purpose.\ns 10D ins 2016 No. 62 s 398\n- (a) the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal or law enforcement purpose; and\n- (b) the person’s conduct was, in the circumstances, reasonable for that purpose.","sortOrder":18},{"sectionNumber":"sec.10E","sectionType":"section","heading":"Forfeiture of prohibited item to which offence relates","content":"### sec.10E Forfeiture of prohibited item to which offence relates\n\nOn a person being convicted of an offence against section 10C , a prohibited item to which the offence relates that is lawfully in the possession of the Queensland Police Service is forfeited to the State.\nUnder the Police Powers and Responsibilities Act 2000 , a police officer has the power to seize all or part of a thing that may provide evidence of the commission of an offence in particular circumstances. See, for example, sections 29 (2) and 31 (5) of that Act.\ns 10E ins 2016 No. 62 s 398","sortOrder":19},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Offences involving presence on property","content":"## Offences involving presence on property","sortOrder":20},{"sectionNumber":"sec.11","sectionType":"section","heading":"Trespass","content":"### sec.11 Trespass\n\nA person must not unlawfully enter, or remain in, a dwelling or the yard for a dwelling.\nMaximum penalty—\nif the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or\notherwise—20 penalty units or 1 year’s imprisonment.\nA person must not unlawfully enter, or remain in, a place used as a yard for, or a place used for, a business purpose.\nMaximum penalty—\nif the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or\notherwise—20 penalty units or 1 year’s imprisonment.\nSee the Police Powers and Responsibilities Act 2000 , section 634 for safeguards applying to starting proceedings for particular offences in this division.\nThis section does not prevent an authorised industrial officer entering, or remaining in, a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.\nIt is a circumstance of aggravation for this section for a person to commit the offence in the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.\ns 11 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2020 No. 23 s 60B ; 2023 No. 26 s 30\n(sec.11-ssec.1) A person must not unlawfully enter, or remain in, a dwelling or the yard for a dwelling. Maximum penalty— if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or otherwise—20 penalty units or 1 year’s imprisonment.\n(sec.11-ssec.2) A person must not unlawfully enter, or remain in, a place used as a yard for, or a place used for, a business purpose. Maximum penalty— if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or otherwise—20 penalty units or 1 year’s imprisonment. See the Police Powers and Responsibilities Act 2000 , section 634 for safeguards applying to starting proceedings for particular offences in this division.\n(sec.11-ssec.3) This section does not prevent an authorised industrial officer entering, or remaining in, a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.\n(sec.11-ssec.4) It is a circumstance of aggravation for this section for a person to commit the offence in the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.\n- (a) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or\n- (b) otherwise—20 penalty units or 1 year’s imprisonment.\n- (a) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or\n- (b) otherwise—20 penalty units or 1 year’s imprisonment.","sortOrder":21},{"sectionNumber":"sec.11A","sectionType":"section","heading":"Unlawful driving of motorbike on public land","content":"### sec.11A Unlawful driving of motorbike on public land\n\nA person must not drive a motorbike on public land in contravention of a regulation under this Act or a local law that regulates access by motorbikes to public land, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nIf a regulation under this Act or a local law requires a person to possess a stated type of authority while driving a motorbike on public land, a person who drives a motorbike on public land must be in possession of the stated authority while driving the motorbike, unless the person has a reasonable excuse.\nMaximum penalty—20 penalty units.\nA person found by a police officer driving a motorbike on land mentioned in subsection (1) must produce the stated authority to the police officer on request.\nMaximum penalty—20 penalty units.\nIn this section—\nmotorbike has the meaning given by the Transport Operations (Road Use Management) Act 1995 , and includes a 4-wheeled motorbike that is ridden in the same way as a motorbike.\npublic land , for a regulation or local law, means public land as defined under the regulation or local law, but does not include a road.\nroad has the meaning given by the Transport Operations (Road Use Management) Act 1995 .\ns 11A ins 2005 No. 64 s 33\n(sec.11A-ssec.1) A person must not drive a motorbike on public land in contravention of a regulation under this Act or a local law that regulates access by motorbikes to public land, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.11A-ssec.2) If a regulation under this Act or a local law requires a person to possess a stated type of authority while driving a motorbike on public land, a person who drives a motorbike on public land must be in possession of the stated authority while driving the motorbike, unless the person has a reasonable excuse. Maximum penalty—20 penalty units.\n(sec.11A-ssec.3) A person found by a police officer driving a motorbike on land mentioned in subsection (1) must produce the stated authority to the police officer on request. Maximum penalty—20 penalty units.\n(sec.11A-ssec.4) In this section— motorbike has the meaning given by the Transport Operations (Road Use Management) Act 1995 , and includes a 4-wheeled motorbike that is ridden in the same way as a motorbike. public land , for a regulation or local law, means public land as defined under the regulation or local law, but does not include a road. road has the meaning given by the Transport Operations (Road Use Management) Act 1995 .","sortOrder":22},{"sectionNumber":"sec.12","sectionType":"section","heading":"Persons unlawfully gathering in or on a building or structure","content":"### sec.12 Persons unlawfully gathering in or on a building or structure\n\nTwo or more persons must not, together—\nunlawfully enter—\nany part of a public building or structure or a building or structure used for a business purpose; or\nany land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose; or\nunlawfully remain in or on—\nany part of a public building or structure or a building or structure used for a business purpose; or\nany land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose.\nMaximum penalty—10 penalty units or 6 months imprisonment.\nSubsection (1) (b) applies whether or not the persons lawfully entered the building, structure or land.\nA person must not, while unlawfully in or on a building or structure mentioned in subsection (1) that is not a public place, do an act or use language that, if done or used by a person in a public place, would be an offence.\nMaximum penalty for subsection (3) —10 penalty units or 6 months imprisonment.\nThis section does not prevent an authorised industrial officer entering, or remaining in or on, a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.\ns 12 amd 2020 No. 23 s 60C\n(sec.12-ssec.1) Two or more persons must not, together— unlawfully enter— any part of a public building or structure or a building or structure used for a business purpose; or any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose; or unlawfully remain in or on— any part of a public building or structure or a building or structure used for a business purpose; or any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose. Maximum penalty—10 penalty units or 6 months imprisonment.\n(sec.12-ssec.2) Subsection (1) (b) applies whether or not the persons lawfully entered the building, structure or land.\n(sec.12-ssec.3) A person must not, while unlawfully in or on a building or structure mentioned in subsection (1) that is not a public place, do an act or use language that, if done or used by a person in a public place, would be an offence. Maximum penalty for subsection (3) —10 penalty units or 6 months imprisonment.\n(sec.12-ssec.4) This section does not prevent an authorised industrial officer entering, or remaining in or on, a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.\n- (a) unlawfully enter— (i) any part of a public building or structure or a building or structure used for a business purpose; or (ii) any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose; or\n- (i) any part of a public building or structure or a building or structure used for a business purpose; or\n- (ii) any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose; or\n- (b) unlawfully remain in or on— (i) any part of a public building or structure or a building or structure used for a business purpose; or (ii) any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose.\n- (i) any part of a public building or structure or a building or structure used for a business purpose; or\n- (ii) any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose.\n- (i) any part of a public building or structure or a building or structure used for a business purpose; or\n- (ii) any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose; or\n- (i) any part of a public building or structure or a building or structure used for a business purpose; or\n- (ii) any land occupied by or used in connection with any public building or structure or a building or structure used for a business purpose.","sortOrder":23},{"sectionNumber":"sec.13","sectionType":"section","heading":"Unlawfully entering or remaining on particular land","content":"### sec.13 Unlawfully entering or remaining on particular land\n\nA person must not unlawfully enter, or remain on, land used for—\nan agricultural activity; or\nan animal husbandry activity; or\na holding facility; or\na food production facility, including, for example, a facility that produces food for animal consumption; or\nthe exhibition of animals.\nwildlife park or zoo\nMaximum penalty—20 penalty units or 12 months imprisonment.\nSubsection (1) applies whether or not the person lawfully entered the land.\nA person must not unlawfully open, and leave open, any gate, fence or other barrier that encloses all or part of enclosed land used for—\nan agricultural activity; or\nan animal husbandry activity; or\na holding facility; or\na food production facility, including, for example, a facility that produces pet food; or\nthe exhibition of animals.\nwildlife park or zoo\nMaximum penalty—10 penalty units or 6 months imprisonment.\nThis section does not prevent an authorised industrial officer entering, or remaining in or on, a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.\nIn this section—\nagricultural activity includes—\ncultivating soil; and\nbroadcasting seed to establish an improved pasture; and\nplanting, gathering or harvesting a crop, including a food or fibre crop; and\ngrowing non-indigenous grasses, legumes or forage cultivars; and\nhorticulture or viticulture activities.\nanimal husbandry activity includes—\nbreeding, keeping, raising or caring for animals, for commercial purposes; and\nestablishing or operating a dairy, feedlot, piggery or animal saleyard; and\ngrazing animals; and\naquaculture; and\nbeekeeping; and\npoultry farming of more than 100 birds; and\ntesting or inoculation of animals, including using diagnostic agents, serums and vaccines.\nexhibit , an animal, includes display the animal at a private event.\nholding facility means a place where 1 or more types of animal are regularly or periodically held or kept on a temporary basis, including, for example, any of the following—\na local government reserve or commonage;\na pound;\nan animal refuge;\na meat processing facility;\na live export holding;\na showground for animals;\na sporting ground for animals;\na stock route.\nlive export holding means—\na depot for the live export of animals; or\nan embarkation point for the export of live animals.\nmeat processing facility means an abattoir or other facility at which animals are killed for meat for trade or commerce.\nstock route see the Stock Route Management Act 2002 , schedule 3 .\ns 13 sub 2020 No. 3 s 133\namd 2020 No. 23 s 60D\n(sec.13-ssec.1) A person must not unlawfully enter, or remain on, land used for— an agricultural activity; or an animal husbandry activity; or a holding facility; or a food production facility, including, for example, a facility that produces food for animal consumption; or the exhibition of animals. wildlife park or zoo Maximum penalty—20 penalty units or 12 months imprisonment.\n(sec.13-ssec.2) Subsection (1) applies whether or not the person lawfully entered the land.\n(sec.13-ssec.3) A person must not unlawfully open, and leave open, any gate, fence or other barrier that encloses all or part of enclosed land used for— an agricultural activity; or an animal husbandry activity; or a holding facility; or a food production facility, including, for example, a facility that produces pet food; or the exhibition of animals. wildlife park or zoo Maximum penalty—10 penalty units or 6 months imprisonment.\n(sec.13-ssec.4) This section does not prevent an authorised industrial officer entering, or remaining in or on, a workplace in accordance with the terms of the person’s appointment as an authorised industrial officer.\n(sec.13-ssec.5) In this section— agricultural activity includes— cultivating soil; and broadcasting seed to establish an improved pasture; and planting, gathering or harvesting a crop, including a food or fibre crop; and growing non-indigenous grasses, legumes or forage cultivars; and horticulture or viticulture activities. animal husbandry activity includes— breeding, keeping, raising or caring for animals, for commercial purposes; and establishing or operating a dairy, feedlot, piggery or animal saleyard; and grazing animals; and aquaculture; and beekeeping; and poultry farming of more than 100 birds; and testing or inoculation of animals, including using diagnostic agents, serums and vaccines. exhibit , an animal, includes display the animal at a private event. holding facility means a place where 1 or more types of animal are regularly or periodically held or kept on a temporary basis, including, for example, any of the following— a local government reserve or commonage; a pound; an animal refuge; a meat processing facility; a live export holding; a showground for animals; a sporting ground for animals; a stock route. live export holding means— a depot for the live export of animals; or an embarkation point for the export of live animals. meat processing facility means an abattoir or other facility at which animals are killed for meat for trade or commerce. stock route see the Stock Route Management Act 2002 , schedule 3 . s 13 sub 2020 No. 3 s 133 amd 2020 No. 23 s 60D\n- (a) an agricultural activity; or\n- (b) an animal husbandry activity; or\n- (c) a holding facility; or\n- (d) a food production facility, including, for example, a facility that produces food for animal consumption; or\n- (e) the exhibition of animals. Examples for paragraph (e) — wildlife park or zoo\n- (a) an agricultural activity; or\n- (b) an animal husbandry activity; or\n- (c) a holding facility; or\n- (d) a food production facility, including, for example, a facility that produces pet food; or\n- (e) the exhibition of animals. Examples for paragraph (e) — wildlife park or zoo\n- (a) cultivating soil; and\n- (b) broadcasting seed to establish an improved pasture; and\n- (c) planting, gathering or harvesting a crop, including a food or fibre crop; and\n- (d) growing non-indigenous grasses, legumes or forage cultivars; and\n- (e) horticulture or viticulture activities.\n- (a) breeding, keeping, raising or caring for animals, for commercial purposes; and\n- (b) establishing or operating a dairy, feedlot, piggery or animal saleyard; and\n- (c) grazing animals; and\n- (d) aquaculture; and\n- (e) beekeeping; and\n- (f) poultry farming of more than 100 birds; and\n- (g) testing or inoculation of animals, including using diagnostic agents, serums and vaccines.\n- (a) a local government reserve or commonage;\n- (b) a pound;\n- (c) an animal refuge;\n- (d) a meat processing facility;\n- (e) a live export holding;\n- (f) a showground for animals;\n- (g) a sporting ground for animals;\n- (h) a stock route.\n- (a) a depot for the live export of animals; or\n- (b) an embarkation point for the export of live animals.","sortOrder":24},{"sectionNumber":"sec.14","sectionType":"section","heading":"Unregulated high-risk activities","content":"### sec.14 Unregulated high-risk activities\n\nA person must not unlawfully do any of the following—\nparachute or hang-glide onto a building or structure;\nBASE-jump or hang-glide from a building or structure;\nclimb up or down the outside of a building or a structure;\nabseil from a building or structure.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nIt is not an offence against subsection (1) for a person—\nto do an act mentioned in that subsection involving a building or structure that has been built for use, or is designated for use, for a purpose mentioned in that subsection; or\nto do an act mentioned in that subsection involving a building or structure for a stunt performed with the permission of the owner of the building or structure and as part of the person’s engagement or employment for the production of a cinematographic film or for television; or\nto climb up or down a building or structure for cleaning, maintaining or repairing the building or structure.\nIn addition to any penalty that may be imposed on a person who is found guilty of, or has pleaded guilty to, a charge of an offence against subsection (1) , a court hearing the charge of the offence may order the person to pay to a stated person the costs the court decides are the other person’s costs of rescuing or attempting to rescue the person.\n(sec.14-ssec.1) A person must not unlawfully do any of the following— parachute or hang-glide onto a building or structure; BASE-jump or hang-glide from a building or structure; climb up or down the outside of a building or a structure; abseil from a building or structure. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.14-ssec.2) It is not an offence against subsection (1) for a person— to do an act mentioned in that subsection involving a building or structure that has been built for use, or is designated for use, for a purpose mentioned in that subsection; or to do an act mentioned in that subsection involving a building or structure for a stunt performed with the permission of the owner of the building or structure and as part of the person’s engagement or employment for the production of a cinematographic film or for television; or to climb up or down a building or structure for cleaning, maintaining or repairing the building or structure.\n(sec.14-ssec.3) In addition to any penalty that may be imposed on a person who is found guilty of, or has pleaded guilty to, a charge of an offence against subsection (1) , a court hearing the charge of the offence may order the person to pay to a stated person the costs the court decides are the other person’s costs of rescuing or attempting to rescue the person.\n- (a) parachute or hang-glide onto a building or structure;\n- (b) BASE-jump or hang-glide from a building or structure;\n- (c) climb up or down the outside of a building or a structure;\n- (d) abseil from a building or structure.\n- (a) to do an act mentioned in that subsection involving a building or structure that has been built for use, or is designated for use, for a purpose mentioned in that subsection; or\n- (b) to do an act mentioned in that subsection involving a building or structure for a stunt performed with the permission of the owner of the building or structure and as part of the person’s engagement or employment for the production of a cinematographic film or for television; or\n- (c) to climb up or down a building or structure for cleaning, maintaining or repairing the building or structure.","sortOrder":25},{"sectionNumber":"pt.2-div.2A","sectionType":"division","heading":"Offence involving use of dangerous attachment devices","content":"## Offence involving use of dangerous attachment devices","sortOrder":26},{"sectionNumber":"sec.14A","sectionType":"section","heading":"What is an attachment device","content":"### sec.14A What is an attachment device\n\nAn attachment device is a device that reasonably appears to be constructed or modified to enable a person using the device to resist being safely removed from a place or safely separated from a thing.\nTo remove any doubt, it is declared that none of the following things is an attachment device unless it is a component of a dangerous attachment device—\nglue;\na bike lock;\na padlock;\na rope;\na chain.\nIn this section—\nbike lock means a device manufactured and sold as a device for securing a bicycle while the device is locked.\ns 14A ins 2019 No. 35 s 11\n(sec.14A-ssec.1) An attachment device is a device that reasonably appears to be constructed or modified to enable a person using the device to resist being safely removed from a place or safely separated from a thing.\n(sec.14A-ssec.2) To remove any doubt, it is declared that none of the following things is an attachment device unless it is a component of a dangerous attachment device— glue; a bike lock; a padlock; a rope; a chain.\n(sec.14A-ssec.3) In this section— bike lock means a device manufactured and sold as a device for securing a bicycle while the device is locked.\n- (a) glue;\n- (b) a bike lock;\n- (c) a padlock;\n- (d) a rope;\n- (e) a chain.","sortOrder":27},{"sectionNumber":"sec.14B","sectionType":"section","heading":"What is a dangerous attachment device","content":"### sec.14B What is a dangerous attachment device\n\nAn attachment device is a dangerous attachment device if it—\nreasonably appears to be constructed or modified to cause injury to a person who attempts to interfere with the device; or\nreasonably appears to be constructed or modified to cause injury to a person if another person interferes with the device; or\nincorporates a dangerous substance or thing.\nAlso, a sleeping dragon, dragon’s den, monopole and tripod are each a dangerous attachment device .\nAn attachment device is a sleeping dragon if it incorporates—\nan anchor point for a person to hold or to which a person’s hand can be bound or locked; and\na casing that shields the person’s hand, or the binding or lock, from being released by another person.\ntwo large steel pipes welded together at an angle with a thick pin fixed in the centre\nAn attachment device is a dragon’s den if it—\nincorporates 1 or more sleeping dragons or tubes large enough to pass a person’s hand through; and\nreinforces the casing of the sleeping dragon or tube by adding bulk and weight.\na 44-gallon drum incorporating a sleeping dragon and otherwise filled with concrete\nAn attachment device is a monopole if—\nit relies on a long pole and support riggings to suspend a person off the ground; and\nit reasonably appears to be set up to fall if another person interferes with the support riggings; and\na fall of the device would cause injury to the person suspended from it.\nAn attachment device is a tripod if—\nthe legs of the device form a tripod large enough to be used to suspend a person off the ground; and\nit reasonably appears to be set up to collapse if another person interferes with the legs of the device or any support riggings for the device; and\na collapse of the device would cause injury to the person suspended from it.\nTo remove any doubt, it is declared that a device is a dangerous attachment device under this section regardless of whether—\npersons using the device can release themselves from it; or\nthe device would automatically deactivate or release itself after a period of time; or\nprotective clothing or other shielding would prevent injury to any person.\nIn this section—\nattachment device see section 14A .\ndangerous substance or thing , for a dangerous attachment device, means—\nany thing likely to explode, when struck or compressed, causing injury to a person; or\nany thing likely to cut a person’s skin while a person is being extricated from the dangerous attachment device; or\nany substance or thing that requires a person to wear protective clothing to safely handle, cut or break up the thing while a person is being extricated from the dangerous attachment device.\na pipe or casing made of asbestos\ninterfere , with a thing, includes to cut, damage, deactivate, move or release the thing.\nprotective clothing means clothing, eyewear or masks designed to protect the wearer from infection or injury caused by chemicals, electricity or heat.\nsupport riggings , for a thing, means the cables, chains, ropes or other materials used to stabilise the thing in a particular position.\ns 14B ins 2019 No. 35 s 11\n(sec.14B-ssec.1) An attachment device is a dangerous attachment device if it— reasonably appears to be constructed or modified to cause injury to a person who attempts to interfere with the device; or reasonably appears to be constructed or modified to cause injury to a person if another person interferes with the device; or incorporates a dangerous substance or thing.\n(sec.14B-ssec.2) Also, a sleeping dragon, dragon’s den, monopole and tripod are each a dangerous attachment device .\n(sec.14B-ssec.3) An attachment device is a sleeping dragon if it incorporates— an anchor point for a person to hold or to which a person’s hand can be bound or locked; and a casing that shields the person’s hand, or the binding or lock, from being released by another person. two large steel pipes welded together at an angle with a thick pin fixed in the centre\n(sec.14B-ssec.4) An attachment device is a dragon’s den if it— incorporates 1 or more sleeping dragons or tubes large enough to pass a person’s hand through; and reinforces the casing of the sleeping dragon or tube by adding bulk and weight. a 44-gallon drum incorporating a sleeping dragon and otherwise filled with concrete\n(sec.14B-ssec.5) An attachment device is a monopole if— it relies on a long pole and support riggings to suspend a person off the ground; and it reasonably appears to be set up to fall if another person interferes with the support riggings; and a fall of the device would cause injury to the person suspended from it.\n(sec.14B-ssec.6) An attachment device is a tripod if— the legs of the device form a tripod large enough to be used to suspend a person off the ground; and it reasonably appears to be set up to collapse if another person interferes with the legs of the device or any support riggings for the device; and a collapse of the device would cause injury to the person suspended from it.\n(sec.14B-ssec.7) To remove any doubt, it is declared that a device is a dangerous attachment device under this section regardless of whether— persons using the device can release themselves from it; or the device would automatically deactivate or release itself after a period of time; or protective clothing or other shielding would prevent injury to any person.\n(sec.14B-ssec.8) In this section— attachment device see section 14A . dangerous substance or thing , for a dangerous attachment device, means— any thing likely to explode, when struck or compressed, causing injury to a person; or any thing likely to cut a person’s skin while a person is being extricated from the dangerous attachment device; or any substance or thing that requires a person to wear protective clothing to safely handle, cut or break up the thing while a person is being extricated from the dangerous attachment device. a pipe or casing made of asbestos interfere , with a thing, includes to cut, damage, deactivate, move or release the thing. protective clothing means clothing, eyewear or masks designed to protect the wearer from infection or injury caused by chemicals, electricity or heat. support riggings , for a thing, means the cables, chains, ropes or other materials used to stabilise the thing in a particular position.\n- (a) reasonably appears to be constructed or modified to cause injury to a person who attempts to interfere with the device; or\n- (b) reasonably appears to be constructed or modified to cause injury to a person if another person interferes with the device; or\n- (c) incorporates a dangerous substance or thing.\n- (a) an anchor point for a person to hold or to which a person’s hand can be bound or locked; and\n- (b) a casing that shields the person’s hand, or the binding or lock, from being released by another person.\n- (a) incorporates 1 or more sleeping dragons or tubes large enough to pass a person’s hand through; and\n- (b) reinforces the casing of the sleeping dragon or tube by adding bulk and weight.\n- (a) it relies on a long pole and support riggings to suspend a person off the ground; and\n- (b) it reasonably appears to be set up to fall if another person interferes with the support riggings; and\n- (c) a fall of the device would cause injury to the person suspended from it.\n- (a) the legs of the device form a tripod large enough to be used to suspend a person off the ground; and\n- (b) it reasonably appears to be set up to collapse if another person interferes with the legs of the device or any support riggings for the device; and\n- (c) a collapse of the device would cause injury to the person suspended from it.\n- (a) persons using the device can release themselves from it; or\n- (b) the device would automatically deactivate or release itself after a period of time; or\n- (c) protective clothing or other shielding would prevent injury to any person.\n- (a) any thing likely to explode, when struck or compressed, causing injury to a person; or\n- (b) any thing likely to cut a person’s skin while a person is being extricated from the dangerous attachment device; or\n- (c) any substance or thing that requires a person to wear protective clothing to safely handle, cut or break up the thing while a person is being extricated from the dangerous attachment device. Example for paragraph (c) — a pipe or casing made of asbestos","sortOrder":28},{"sectionNumber":"sec.14C","sectionType":"section","heading":"Use of dangerous attachment device to disrupt lawful activities","content":"### sec.14C Use of dangerous attachment device to disrupt lawful activities\n\nA person must not use a dangerous attachment device to unreasonably interfere with the ordinary operation of transport infrastructure, unless the person has a reasonable excuse.\nplacing an obstacle, on a railway, that stops the passage of rolling stock\nMaximum penalty—50 penalty units or 2 years imprisonment.\nA person must not use a dangerous attachment device to do either of the following, unless the person has a reasonable excuse—\nstop a person from entering or leaving a place of business;\ncause a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nHowever, subsection (2) does not apply to a monopole or tripod unless it incorporates a dangerous substance or thing.\nIn this section—\ndangerous attachment device see section 14B .\ndangerous substance or thing see section 14B (8) .\nmonopole see section 14B (5) .\ntransport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 .\ntripod see section 14B (6) .\ns 14C ins 2019 No. 35 s 11\n(sec.14C-ssec.1) A person must not use a dangerous attachment device to unreasonably interfere with the ordinary operation of transport infrastructure, unless the person has a reasonable excuse. placing an obstacle, on a railway, that stops the passage of rolling stock Maximum penalty—50 penalty units or 2 years imprisonment.\n(sec.14C-ssec.2) A person must not use a dangerous attachment device to do either of the following, unless the person has a reasonable excuse— stop a person from entering or leaving a place of business; cause a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.14C-ssec.3) However, subsection (2) does not apply to a monopole or tripod unless it incorporates a dangerous substance or thing.\n(sec.14C-ssec.4) In this section— dangerous attachment device see section 14B . dangerous substance or thing see section 14B (8) . monopole see section 14B (5) . transport infrastructure see the Transport Infrastructure Act 1994 , schedule 6 . tripod see section 14B (6) .\n- (a) stop a person from entering or leaving a place of business;\n- (b) cause a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.","sortOrder":29},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Possession offences","content":"## Possession offences","sortOrder":30},{"sectionNumber":"sec.15","sectionType":"section","heading":"Possession of implement in relation to particular offences","content":"### sec.15 Possession of implement in relation to particular offences\n\nA person must not possess an implement that is being, or is to be, used—\nfor burglary of a dwelling; or\nfor unlawfully entering a place; or\nfor entering a vehicle with intent to commit an indictable offence; or\nto steal or unlawfully use a vehicle; or\nto unlawfully injure a person; or\nto unlawfully damage property.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nA person must not possess an implement that has been used—\nfor burglary of a dwelling; or\nfor unlawfully entering a place; or\nfor entering a vehicle with intent to commit an indictable offence; or\nto steal or unlawfully use a vehicle; or\nto unlawfully injure a person; or\nto unlawfully damage property.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nFor subsection (2) , it is a defence for the person to prove that the person’s possession of the implement was not connected to any involvement by the person in the preparation of the offence or in any criminal responsibility in relation to the offence.\nSee the Police Powers and Responsibilities Act 2000 , section 634 for safeguards applying to starting proceedings for offences against this section and sections 16 and 17 .\ns 15 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )\n(sec.15-ssec.1) A person must not possess an implement that is being, or is to be, used— for burglary of a dwelling; or for unlawfully entering a place; or for entering a vehicle with intent to commit an indictable offence; or to steal or unlawfully use a vehicle; or to unlawfully injure a person; or to unlawfully damage property. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.15-ssec.2) A person must not possess an implement that has been used— for burglary of a dwelling; or for unlawfully entering a place; or for entering a vehicle with intent to commit an indictable offence; or to steal or unlawfully use a vehicle; or to unlawfully injure a person; or to unlawfully damage property. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.15-ssec.3) For subsection (2) , it is a defence for the person to prove that the person’s possession of the implement was not connected to any involvement by the person in the preparation of the offence or in any criminal responsibility in relation to the offence. See the Police Powers and Responsibilities Act 2000 , section 634 for safeguards applying to starting proceedings for offences against this section and sections 16 and 17 .\n- (a) for burglary of a dwelling; or\n- (b) for unlawfully entering a place; or\n- (c) for entering a vehicle with intent to commit an indictable offence; or\n- (d) to steal or unlawfully use a vehicle; or\n- (e) to unlawfully injure a person; or\n- (f) to unlawfully damage property.\n- (a) for burglary of a dwelling; or\n- (b) for unlawfully entering a place; or\n- (c) for entering a vehicle with intent to commit an indictable offence; or\n- (d) to steal or unlawfully use a vehicle; or\n- (e) to unlawfully injure a person; or\n- (f) to unlawfully damage property.","sortOrder":31},{"sectionNumber":"sec.16","sectionType":"section","heading":"Unlawful possession of suspected stolen property","content":"### sec.16 Unlawful possession of suspected stolen property\n\nA person must not unlawfully possess a thing that is reasonably suspected of having been stolen or unlawfully obtained.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.","sortOrder":32},{"sectionNumber":"sec.17","sectionType":"section","heading":"Graffiti instrument","content":"### sec.17 Graffiti instrument\n\nA person must not possess a graffiti instrument that—\nis reasonably suspected of having been used for graffiti; or\nis being used for graffiti; or\nis reasonably suspected of being about to be used for graffiti.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nThe court may, whether or not it imposes any other penalty for the offence, order the offender—\nto perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 including, for example, removing graffiti from property; or\nto pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .\nFor subsection (1) (a) , it is a defence for the person to prove that the person’s possession of the graffiti instrument was not connected to any involvement by the person in the preparation of the offence or in any criminal responsibility in relation to the offence.\n(sec.17-ssec.1) A person must not possess a graffiti instrument that— is reasonably suspected of having been used for graffiti; or is being used for graffiti; or is reasonably suspected of being about to be used for graffiti. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.17-ssec.2) The court may, whether or not it imposes any other penalty for the offence, order the offender— to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 including, for example, removing graffiti from property; or to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .\n(sec.17-ssec.3) For subsection (1) (a) , it is a defence for the person to prove that the person’s possession of the graffiti instrument was not connected to any involvement by the person in the preparation of the offence or in any criminal responsibility in relation to the offence.\n- (a) is reasonably suspected of having been used for graffiti; or\n- (b) is being used for graffiti; or\n- (c) is reasonably suspected of being about to be used for graffiti.\n- (a) to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 including, for example, removing graffiti from property; or\n- (b) to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .","sortOrder":33},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Offences relating to minors","content":"## Offences relating to minors","sortOrder":34},{"sectionNumber":"sec.18","sectionType":"section","heading":"Particular body piercing of minor prohibited","content":"### sec.18 Particular body piercing of minor prohibited\n\nA person must not, as part of a business transaction, perform body piercing to any part of—\nthe external genitalia of a minor; or\nthe nipples of a minor.\nMaximum penalty—\n40 penalty units or 6 months imprisonment; or\nif the minor is a person with an impairment of the mind or the minor’s decision-making capacity is impaired because of alcohol or a drug—80 penalty units or 1 year’s imprisonment.\nIt is not a defence to a prosecution of a person for a charge of an offence against subsection (1) that the minor, or a parent or guardian of the minor, consented to the body piercing.\nIn this section—\nbody piercing means the process of penetrating a person’s skin or mucous membrane with a sharp instrument for the purpose of implanting jewellery or other foreign material through or into the skin or mucous membrane.\na ring\na bar\na pin\na stud\ngenitalia see the Criminal Code , section 1 .\nperson with an impairment of the mind see the Criminal Code , section 1 .\ns 18 amd 2008 No. 55 s 147 ; 2024 No. 24 s 54\n(sec.18-ssec.1) A person must not, as part of a business transaction, perform body piercing to any part of— the external genitalia of a minor; or the nipples of a minor. Maximum penalty— 40 penalty units or 6 months imprisonment; or if the minor is a person with an impairment of the mind or the minor’s decision-making capacity is impaired because of alcohol or a drug—80 penalty units or 1 year’s imprisonment.\n(sec.18-ssec.2) It is not a defence to a prosecution of a person for a charge of an offence against subsection (1) that the minor, or a parent or guardian of the minor, consented to the body piercing.\n(sec.18-ssec.3) In this section— body piercing means the process of penetrating a person’s skin or mucous membrane with a sharp instrument for the purpose of implanting jewellery or other foreign material through or into the skin or mucous membrane. a ring a bar a pin a stud genitalia see the Criminal Code , section 1 . person with an impairment of the mind see the Criminal Code , section 1 .\n- (a) the external genitalia of a minor; or\n- (b) the nipples of a minor.\n- (a) 40 penalty units or 6 months imprisonment; or\n- (b) if the minor is a person with an impairment of the mind or the minor’s decision-making capacity is impaired because of alcohol or a drug—80 penalty units or 1 year’s imprisonment.\n- • a ring\n- • a bar\n- • a pin\n- • a stud","sortOrder":35},{"sectionNumber":"sec.19","sectionType":"section","heading":"Tattooing minor prohibited","content":"### sec.19 Tattooing minor prohibited\n\nA person must not perform tattooing on a minor.\nMaximum penalty—40 penalty units or 6 months imprisonment.\nIn this section—\ntattooing —\nmeans the process of penetrating a person’s skin and inserting into it colour pigments to make a permanent mark, pattern or design on the skin; and\nincludes any process that penetrates the skin and inserts into it colour pigments to make a semipermanent mark, pattern or design on the skin including for example—\nthe process known as cosmetic tattooing; or\nthe process for applying semipermanent make-up.\n(sec.19-ssec.1) A person must not perform tattooing on a minor. Maximum penalty—40 penalty units or 6 months imprisonment.\n(sec.19-ssec.2) In this section— tattooing — means the process of penetrating a person’s skin and inserting into it colour pigments to make a permanent mark, pattern or design on the skin; and includes any process that penetrates the skin and inserts into it colour pigments to make a semipermanent mark, pattern or design on the skin including for example— the process known as cosmetic tattooing; or the process for applying semipermanent make-up.\n- (a) means the process of penetrating a person’s skin and inserting into it colour pigments to make a permanent mark, pattern or design on the skin; and\n- (b) includes any process that penetrates the skin and inserts into it colour pigments to make a semipermanent mark, pattern or design on the skin including for example— (i) the process known as cosmetic tattooing; or (ii) the process for applying semipermanent make-up.\n- (i) the process known as cosmetic tattooing; or\n- (ii) the process for applying semipermanent make-up.\n- (i) the process known as cosmetic tattooing; or\n- (ii) the process for applying semipermanent make-up.","sortOrder":36},{"sectionNumber":"pt.2-div.4A","sectionType":"division","heading":"Offences associated with hooning offences","content":"## Offences associated with hooning offences","sortOrder":37},{"sectionNumber":"sec.19A","sectionType":"section","heading":"Object of division","content":"### sec.19A Object of division\n\nThe object of this division is to discourage the commission of racing, burn out and other hooning offences by prohibiting—\nconduct that promotes or encourages the commission of these offences; and\nthe possession of things being, to be or having been used to commit those offences.\ns 19A ins 2023 No. 10 s 34\n- (a) conduct that promotes or encourages the commission of these offences; and\n- (b) the possession of things being, to be or having been used to commit those offences.","sortOrder":38},{"sectionNumber":"sec.19B","sectionType":"section","heading":"Meaning of racing, burn out or other hooning offence","content":"### sec.19B Meaning of racing, burn out or other hooning offence\n\nA racing, burn out or other hooning offence is a type 1 vehicle related offence under the Police Powers and Responsibilities Act 2000 , section 69A (1) .\ns 19B ins 2023 No. 10 s 34","sortOrder":39},{"sectionNumber":"sec.19C","sectionType":"section","heading":"Unlawful conduct associated with commission of racing, burn out or other hooning offence","content":"### sec.19C Unlawful conduct associated with commission of racing, burn out or other hooning offence\n\nA person must not—\nparticipate in a hooning group activity; or\nwithout reasonable excuse, spectate a hooning group activity; or\norganise, promote or encourage the doing of a thing mentioned in paragraph (a) or (b) by someone else; or\nfor a purpose mentioned in paragraph (c) , photograph or film, or publish a photograph or film of, a motor vehicle being used to commit a racing, burn out or other hooning offence.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nA driver of a motor vehicle who commits a racing, burn out or other hooning offence may not be convicted of both—\nan offence against subsection (1) (a) for participating in a hooning group activity by committing the racing, burn out or other hooning offence; and\nthe racing, burn out or other hooning offence.\nWithout limiting what may be a reasonable excuse for subsection (1) (b) , a person has a reasonable excuse for spectating a hooning group activity if—\nthe person is a journalist gathering information for the purpose of journalism; or\nthe person is gathering information for the purpose of reporting the information to the police.\nIn this section—\ngathering includes recording.\nhooning group activity means a group activity involving a motor vehicle being used to commit a racing, burn out or other hooning offence.\nspectate a hooning group activity—\nmeans remain at the place where the activity is being carried on and watch the activity; and\ndoes not include, for a person moving through or past the place where the activity is being carried on, stop momentarily to watch the activity before moving on.\ns 19C ins 2023 No. 10 s 34\nsub 2024 No. 45 s 91\n(sec.19C-ssec.1) A person must not— participate in a hooning group activity; or without reasonable excuse, spectate a hooning group activity; or organise, promote or encourage the doing of a thing mentioned in paragraph (a) or (b) by someone else; or for a purpose mentioned in paragraph (c) , photograph or film, or publish a photograph or film of, a motor vehicle being used to commit a racing, burn out or other hooning offence. Maximum penalty—40 penalty units or 1 year’s imprisonment.\n(sec.19C-ssec.2) A driver of a motor vehicle who commits a racing, burn out or other hooning offence may not be convicted of both— an offence against subsection (1) (a) for participating in a hooning group activity by committing the racing, burn out or other hooning offence; and the racing, burn out or other hooning offence.\n(sec.19C-ssec.3) Without limiting what may be a reasonable excuse for subsection (1) (b) , a person has a reasonable excuse for spectating a hooning group activity if— the person is a journalist gathering information for the purpose of journalism; or the person is gathering information for the purpose of reporting the information to the police.\n(sec.19C-ssec.4) In this section— gathering includes recording. hooning group activity means a group activity involving a motor vehicle being used to commit a racing, burn out or other hooning offence. spectate a hooning group activity— means remain at the place where the activity is being carried on and watch the activity; and does not include, for a person moving through or past the place where the activity is being carried on, stop momentarily to watch the activity before moving on.\n- (a) participate in a hooning group activity; or\n- (b) without reasonable excuse, spectate a hooning group activity; or\n- (c) organise, promote or encourage the doing of a thing mentioned in paragraph (a) or (b) by someone else; or\n- (d) for a purpose mentioned in paragraph (c) , photograph or film, or publish a photograph or film of, a motor vehicle being used to commit a racing, burn out or other hooning offence.\n- (a) an offence against subsection (1) (a) for participating in a hooning group activity by committing the racing, burn out or other hooning offence; and\n- (b) the racing, burn out or other hooning offence.\n- (a) the person is a journalist gathering information for the purpose of journalism; or\n- (b) the person is gathering information for the purpose of reporting the information to the police.\n- (a) means remain at the place where the activity is being carried on and watch the activity; and\n- (b) does not include, for a person moving through or past the place where the activity is being carried on, stop momentarily to watch the activity before moving on.","sortOrder":40},{"sectionNumber":"sec.19D","sectionType":"section","heading":"Possession of things used in commission of racing, burn out or other hooning offence","content":"### sec.19D Possession of things used in commission of racing, burn out or other hooning offence\n\nA person must not possess a thing that is being, is to be, or has been used to commit a racing, burn out or other hooning offence.\nMaximum penalty—40 penalty units or 1 year’s imprisonment.\nnumber plates that are not related to a motor vehicle being used to commit a racing, burn out or other hooning offence\na hydraulic jack and racing tyres for a motor vehicle being used in a street race\nFor subsection (1) , a reference to a thing does not include a motor vehicle.\ns 19D ins 2023 No. 10 s 34\n(sec.19D-ssec.1) A person must not possess a thing that is being, is to be, or has been used to commit a racing, burn out or other hooning offence. Maximum penalty—40 penalty units or 1 year’s imprisonment. number plates that are not related to a motor vehicle being used to commit a racing, burn out or other hooning offence a hydraulic jack and racing tyres for a motor vehicle being used in a street race\n(sec.19D-ssec.2) For subsection (1) , a reference to a thing does not include a motor vehicle.\n- • number plates that are not related to a motor vehicle being used to commit a racing, burn out or other hooning offence\n- • a hydraulic jack and racing tyres for a motor vehicle being used in a street race","sortOrder":41},{"sectionNumber":"pt.2-div.4B","sectionType":"division","heading":"Offences about selling knives and other controlled items","content":"## Offences about selling knives and other controlled items","sortOrder":42},{"sectionNumber":"sec.19E","sectionType":"section","heading":"Definitions for division","content":"### sec.19E Definitions for division\n\nIn this division—\ncommercial seller —\nmeans a person who, in trade or commerce, sells controlled items to the public; but\ndoes not include a person who sells controlled items to the public only as an employee.\ncontrolled item —\nmeans any of the following—\na knife other than an exempt knife;\na sword, machete or axe;\na sickle or scythe;\na spear gun;\na spear;\na restricted item under the Weapons Act 1990 , section 67 that is a replica of a firearm under that Act; and\nincludes a thing prescribed by regulation to be a controlled item; and\ndoes not include a thing prescribed by regulation not to be a controlled item.\nemployee means a person who sells or may sell controlled items in the course of the person’s employment.\nexempt knife means—\na plastic or wooden knife designed to be used for eating; or\na knife with a rounded or dull edge; or\na butter knife\na knife designed for use as a cheese knife.\nspear means a thing designed for use as a spear.\na thing designed for spearing fish\nsword see the Weapons Act 1990 , schedule 2 .\ns 19E ins 2024 No. 1 s 6\n- (a) means a person who, in trade or commerce, sells controlled items to the public; but\n- (b) does not include a person who sells controlled items to the public only as an employee.\n- (a) means any of the following— (i) a knife other than an exempt knife; (ii) a sword, machete or axe; (iii) a sickle or scythe; (iv) a spear gun; (v) a spear; (vi) a restricted item under the Weapons Act 1990 , section 67 that is a replica of a firearm under that Act; and\n- (i) a knife other than an exempt knife;\n- (ii) a sword, machete or axe;\n- (iii) a sickle or scythe;\n- (iv) a spear gun;\n- (v) a spear;\n- (vi) a restricted item under the Weapons Act 1990 , section 67 that is a replica of a firearm under that Act; and\n- (b) includes a thing prescribed by regulation to be a controlled item; and\n- (c) does not include a thing prescribed by regulation not to be a controlled item.\n- (i) a knife other than an exempt knife;\n- (ii) a sword, machete or axe;\n- (iii) a sickle or scythe;\n- (iv) a spear gun;\n- (v) a spear;\n- (vi) a restricted item under the Weapons Act 1990 , section 67 that is a replica of a firearm under that Act; and\n- (a) a plastic or wooden knife designed to be used for eating; or\n- (b) a knife with a rounded or dull edge; or Example— a butter knife\n- (c) a knife designed for use as a cheese knife.","sortOrder":43},{"sectionNumber":"sec.19F","sectionType":"section","heading":"Meaning of sell for division","content":"### sec.19F Meaning of sell for division\n\nThis section applies for the application, to this division, of the definition sell in the dictionary.\nA person does not keep or expose for sale or offer to sell a controlled item to a minor only because the person keeps or exposes for sale or offers to sell controlled items to the public generally.\ns 19F ins 2024 No. 1 s 6\n(sec.19F-ssec.1) This section applies for the application, to this division, of the definition sell in the dictionary.\n(sec.19F-ssec.2) A person does not keep or expose for sale or offer to sell a controlled item to a minor only because the person keeps or exposes for sale or offers to sell controlled items to the public generally.","sortOrder":44},{"sectionNumber":"sec.19G","sectionType":"section","heading":"Sale of controlled items to minors","content":"### sec.19G Sale of controlled items to minors\n\nA person must not sell a controlled item to a minor.\nMaximum penalty—\nfor a first offence—140 penalty units; or\nfor a second offence—280 penalty units; or\nfor a third or later offence—420 penalty units.\nAn employee who sells a controlled item to a minor in the course of their employment can not be prosecuted under this section.\nSee section 19I .\nIt is a defence to a charge of an offence against subsection (1) for the person to prove—\nthe person, or an employee of the person, required the minor to produce acceptable evidence of age; and\nthe minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and\nthe person or employee had no reason to believe the evidence was false.\ns 19G ins 2024 No. 1 s 6\n(sec.19G-ssec.1) A person must not sell a controlled item to a minor. Maximum penalty— for a first offence—140 penalty units; or for a second offence—280 penalty units; or for a third or later offence—420 penalty units.\n(sec.19G-ssec.2) An employee who sells a controlled item to a minor in the course of their employment can not be prosecuted under this section. See section 19I .\n(sec.19G-ssec.3) It is a defence to a charge of an offence against subsection (1) for the person to prove— the person, or an employee of the person, required the minor to produce acceptable evidence of age; and the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and the person or employee had no reason to believe the evidence was false.\n- (a) for a first offence—140 penalty units; or\n- (b) for a second offence—280 penalty units; or\n- (c) for a third or later offence—420 penalty units.\n- (a) the person, or an employee of the person, required the minor to produce acceptable evidence of age; and\n- (b) the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and\n- (c) the person or employee had no reason to believe the evidence was false.","sortOrder":45},{"sectionNumber":"sec.19H","sectionType":"section","heading":"Commercial sellers must instruct employees about sale of controlled items","content":"### sec.19H Commercial sellers must instruct employees about sale of controlled items\n\nA commercial seller who is an employer must do the following in relation to each employee of the seller—\ninstruct the employee—\nnot to sell a controlled item to a minor in any circumstances, even if the sale is for, or is claimed to be for, an adult; and\nto sight acceptable evidence of age for a person before selling a controlled item to the person, unless satisfied the person is an adult;\nwarn the employee that, if the employee disregards the instructions mentioned in paragraph (a) and sells a controlled item to a minor, the employee commits an offence against section 19I ;\nobtain written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .\nMaximum penalty—40 penalty units.\ns 19H ins 2024 No. 1 s 6\n- (a) instruct the employee— (i) not to sell a controlled item to a minor in any circumstances, even if the sale is for, or is claimed to be for, an adult; and (ii) to sight acceptable evidence of age for a person before selling a controlled item to the person, unless satisfied the person is an adult;\n- (i) not to sell a controlled item to a minor in any circumstances, even if the sale is for, or is claimed to be for, an adult; and\n- (ii) to sight acceptable evidence of age for a person before selling a controlled item to the person, unless satisfied the person is an adult;\n- (b) warn the employee that, if the employee disregards the instructions mentioned in paragraph (a) and sells a controlled item to a minor, the employee commits an offence against section 19I ;\n- (c) obtain written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .\n- (i) not to sell a controlled item to a minor in any circumstances, even if the sale is for, or is claimed to be for, an adult; and\n- (ii) to sight acceptable evidence of age for a person before selling a controlled item to the person, unless satisfied the person is an adult;","sortOrder":46},{"sectionNumber":"sec.19I","sectionType":"section","heading":"Sale by employees of controlled items to minors","content":"### sec.19I Sale by employees of controlled items to minors\n\nThis section applies to an employee if a commercial seller who is an employer has complied with section 19H in relation to the employee.\nThe employee must not, in the course of their employment, sell a controlled item to a minor.\nMaximum penalty—\nfor a first offence—20 penalty units; or\nfor a second or later offence—40 penalty units.\nIt is a defence to a charge of an offence against subsection (1) for the employee to prove—\nthe employee, their employer or another employee of their employer required the minor to produce acceptable evidence of age; and\nthe minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and\nthe employee, employer or other employee had no reason to believe the evidence was false.\nFor this section, it does not matter if the commercial seller who complied with section 19H in relation to the employee is their employer at the time the employee sells the controlled item to the minor.\ns 19I ins 2024 No. 1 s 6\n(sec.19I-ssec.1) This section applies to an employee if a commercial seller who is an employer has complied with section 19H in relation to the employee.\n(sec.19I-ssec.2) The employee must not, in the course of their employment, sell a controlled item to a minor. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units.\n(sec.19I-ssec.3) It is a defence to a charge of an offence against subsection (1) for the employee to prove— the employee, their employer or another employee of their employer required the minor to produce acceptable evidence of age; and the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and the employee, employer or other employee had no reason to believe the evidence was false.\n(sec.19I-ssec.4) For this section, it does not matter if the commercial seller who complied with section 19H in relation to the employee is their employer at the time the employee sells the controlled item to the minor.\n- (a) for a first offence—20 penalty units; or\n- (b) for a second or later offence—40 penalty units.\n- (a) the employee, their employer or another employee of their employer required the minor to produce acceptable evidence of age; and\n- (b) the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and\n- (c) the employee, employer or other employee had no reason to believe the evidence was false.","sortOrder":47},{"sectionNumber":"sec.19J","sectionType":"section","heading":"Application of Anti-Discrimination Act 1991, s 46","content":"### sec.19J Application of Anti-Discrimination Act 1991, s 46\n\nFor the Anti-Discrimination Act 1991 , section 46 , a person (the seller ) is not to be taken to discriminate against another person only because the seller refuses to sell a controlled item to the other person because of section 19G (1) or 19I (2) .\ns 19J ins 2024 No. 1 s 6","sortOrder":48},{"sectionNumber":"sec.19K","sectionType":"section","heading":"Commercial sellers must display prohibition signs","content":"### sec.19K Commercial sellers must display prohibition signs\n\nA commercial seller must display prohibition signs at the seller’s retail outlet under this section.\nMaximum penalty—20 penalty units.\nIf any controlled items are displayed at the outlet, a prohibition sign must be displayed—\nat each place where a controlled item is displayed at the outlet, so the sign is clearly visible to a person viewing the displayed item; or\nat each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.\nIf no controlled items are displayed at the outlet, a prohibition sign must be displayed at each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.\nEach prohibition sign must comply with the requirements prescribed by regulation.\nIn this section—\npoint of sale means a counter or similar fixture where a controlled item may be sold.\nprohibition sign means a sign about the sale of controlled items to minors.\nretail outlet means premises where controlled items are available for sale to the public.\ns 19K ins 2024 No. 1 s 6\n(sec.19K-ssec.1) A commercial seller must display prohibition signs at the seller’s retail outlet under this section. Maximum penalty—20 penalty units.\n(sec.19K-ssec.2) If any controlled items are displayed at the outlet, a prohibition sign must be displayed— at each place where a controlled item is displayed at the outlet, so the sign is clearly visible to a person viewing the displayed item; or at each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.\n(sec.19K-ssec.3) If no controlled items are displayed at the outlet, a prohibition sign must be displayed at each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.\n(sec.19K-ssec.4) Each prohibition sign must comply with the requirements prescribed by regulation.\n(sec.19K-ssec.5) In this section— point of sale means a counter or similar fixture where a controlled item may be sold. prohibition sign means a sign about the sale of controlled items to minors. retail outlet means premises where controlled items are available for sale to the public.\n- (a) at each place where a controlled item is displayed at the outlet, so the sign is clearly visible to a person viewing the displayed item; or\n- (b) at each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.","sortOrder":49},{"sectionNumber":"sec.19L","sectionType":"section","heading":"Commercial sellers must secure particular controlled items","content":"### sec.19L Commercial sellers must secure particular controlled items\n\nThis section applies if a commercial seller has in their possession a controlled item that is any of the following—\na dagger that is a double-edged blade;\na knife with a blade at each end;\na sword, machete or axe;\na sickle or scythe;\na spear gun;\na spear;\na bladed item prescribed by regulation.\nThe commercial seller must ensure the controlled item is securely stored at all times except when a person is in physical possession of the item.\nMaximum penalty—50 penalty units.\nIn this section—\nsecurely stored means—\nstored in a locked room, cage, cabinet or container; or\nsecurely tethered.\ns 19L ins 2024 No. 1 s 6\n(sec.19L-ssec.1) This section applies if a commercial seller has in their possession a controlled item that is any of the following— a dagger that is a double-edged blade; a knife with a blade at each end; a sword, machete or axe; a sickle or scythe; a spear gun; a spear; a bladed item prescribed by regulation.\n(sec.19L-ssec.2) The commercial seller must ensure the controlled item is securely stored at all times except when a person is in physical possession of the item. Maximum penalty—50 penalty units.\n(sec.19L-ssec.3) In this section— securely stored means— stored in a locked room, cage, cabinet or container; or securely tethered.\n- (a) a dagger that is a double-edged blade;\n- (b) a knife with a blade at each end;\n- (c) a sword, machete or axe;\n- (d) a sickle or scythe;\n- (e) a spear gun;\n- (f) a spear;\n- (g) a bladed item prescribed by regulation.\n- (a) stored in a locked room, cage, cabinet or container; or\n- (b) securely tethered.","sortOrder":50},{"sectionNumber":"sec.19M","sectionType":"section","heading":"Prohibited sales of controlled items","content":"### sec.19M Prohibited sales of controlled items\n\nA person must not—\nsell a controlled item with features that contravene this section; or\nsell a controlled item in a way that contravenes this section.\nMaximum penalty—25 penalty units.\nThe features of a controlled item, or the way it is sold, must not—\nindicate or suggest the item is—\nsuitable for combat; or\nintended to be used for violence, whether actual or threatened, against a person or fictional creature (for example, a zombie); or\nbe likely to stimulate or encourage violent or criminal behaviour that involves using the item.\nA reference in this section to the features of a controlled item, or the way it is sold, includes a reference to the use of—\nimages, words or markings on the item, its packaging or an associated item; or\nimages or words in an advertisement for the item.\na depiction of blood or a skull\nthe word ‘killer’ or ‘slayer’\na sheath sold with the knife\nA controlled item is not taken to have features, or be sold in a way, that indicates or suggests the item is suitable for combat only because of a depiction or description of the item being used in a lawful way.\nAn employee who sells a controlled item in the course of their employment can not be prosecuted under this section.\nIn this section—\nsell includes advertise for sale.\ns 19M ins 2024 No. 1 s 6\n(sec.19M-ssec.1) A person must not— sell a controlled item with features that contravene this section; or sell a controlled item in a way that contravenes this section. Maximum penalty—25 penalty units.\n(sec.19M-ssec.2) The features of a controlled item, or the way it is sold, must not— indicate or suggest the item is— suitable for combat; or intended to be used for violence, whether actual or threatened, against a person or fictional creature (for example, a zombie); or be likely to stimulate or encourage violent or criminal behaviour that involves using the item.\n(sec.19M-ssec.3) A reference in this section to the features of a controlled item, or the way it is sold, includes a reference to the use of— images, words or markings on the item, its packaging or an associated item; or images or words in an advertisement for the item. a depiction of blood or a skull the word ‘killer’ or ‘slayer’ a sheath sold with the knife\n(sec.19M-ssec.4) A controlled item is not taken to have features, or be sold in a way, that indicates or suggests the item is suitable for combat only because of a depiction or description of the item being used in a lawful way.\n(sec.19M-ssec.5) An employee who sells a controlled item in the course of their employment can not be prosecuted under this section.\n(sec.19M-ssec.6) In this section— sell includes advertise for sale.\n- (a) sell a controlled item with features that contravene this section; or\n- (b) sell a controlled item in a way that contravenes this section.\n- (a) indicate or suggest the item is— (i) suitable for combat; or (ii) intended to be used for violence, whether actual or threatened, against a person or fictional creature (for example, a zombie); or\n- (i) suitable for combat; or\n- (ii) intended to be used for violence, whether actual or threatened, against a person or fictional creature (for example, a zombie); or\n- (b) be likely to stimulate or encourage violent or criminal behaviour that involves using the item.\n- (i) suitable for combat; or\n- (ii) intended to be used for violence, whether actual or threatened, against a person or fictional creature (for example, a zombie); or\n- (a) images, words or markings on the item, its packaging or an associated item; or\n- (b) images or words in an advertisement for the item.\n- • a depiction of blood or a skull\n- • the word ‘killer’ or ‘slayer’","sortOrder":51},{"sectionNumber":"sec.19N","sectionType":"section","heading":"False representation of age","content":"### sec.19N False representation of age\n\nA person must not falsely represent themself to have attained 18 years for the purpose of being sold a controlled item.\nMaximum penalty—25 penalty units.\ns 19N ins 2024 No. 1 s 6","sortOrder":52},{"sectionNumber":"pt.2-div.5","sectionType":"division","heading":"Other offences","content":"## Other offences","sortOrder":53},{"sectionNumber":"sec.20","sectionType":"section","heading":"Preventing public meetings","content":"### sec.20 Preventing public meetings\n\nA person must not intentionally prevent or attempt to prevent the holding of a public meeting.\nMaximum penalty—10 penalty units or 6 months imprisonment.\nmaking a noise to prevent a public meeting starting or continuing\nblocking a door to prevent persons lawfully entering a place where a public meeting is to be held\n- 1 making a noise to prevent a public meeting starting or continuing\n- 2 blocking a door to prevent persons lawfully entering a place where a public meeting is to be held","sortOrder":54},{"sectionNumber":"sec.21","sectionType":"section","heading":"False advertisements etc., about births, deaths, marriages or employment","content":"### sec.21 False advertisements etc., about births, deaths, marriages or employment\n\nA person must not publish in a newspaper or by radio, television or on the internet an advertisement or notice that states, expressly or by implication, any of the following, knowing what is stated to be false—\na child has been born who has not been born;\na person who is still living has died;\na funeral for a person who is still living is to happen or has happened;\na particular couple who have not become engaged are engaged;\na particular couple who do not intend to marry have married or are to marry;\nemployment that is not available is available.\nMaximum penalty—10 penalty units or 6 months imprisonment.\nIn this section—\npublish includes cause to be published.\n(sec.21-ssec.1) A person must not publish in a newspaper or by radio, television or on the internet an advertisement or notice that states, expressly or by implication, any of the following, knowing what is stated to be false— a child has been born who has not been born; a person who is still living has died; a funeral for a person who is still living is to happen or has happened; a particular couple who have not become engaged are engaged; a particular couple who do not intend to marry have married or are to marry; employment that is not available is available. Maximum penalty—10 penalty units or 6 months imprisonment.\n(sec.21-ssec.2) In this section— publish includes cause to be published.\n- (a) a child has been born who has not been born;\n- (b) a person who is still living has died;\n- (c) a funeral for a person who is still living is to happen or has happened;\n- (d) a particular couple who have not become engaged are engaged;\n- (e) a particular couple who do not intend to marry have married or are to marry;\n- (f) employment that is not available is available.","sortOrder":55},{"sectionNumber":"sec.22","sectionType":"section","heading":"Imposition","content":"### sec.22 Imposition\n\nA person must not impose or attempt to impose on another person to obtain money or an advantage.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\nA person imposes or attempts to impose on another person if the person—\nmakes an oral or written representation that is false or fraudulent with intent to obtain money or an advantage from the other person; or\nby dress, apparel or otherwise, fraudulently seeks to obtain money or an advantage from the other person.\nIn this section—\nadvantage includes benefit.\n(sec.22-ssec.1) A person must not impose or attempt to impose on another person to obtain money or an advantage. Maximum penalty—20 penalty units or 1 year’s imprisonment.\n(sec.22-ssec.2) A person imposes or attempts to impose on another person if the person— makes an oral or written representation that is false or fraudulent with intent to obtain money or an advantage from the other person; or by dress, apparel or otherwise, fraudulently seeks to obtain money or an advantage from the other person.\n(sec.22-ssec.3) In this section— advantage includes benefit.\n- (a) makes an oral or written representation that is false or fraudulent with intent to obtain money or an advantage from the other person; or\n- (b) by dress, apparel or otherwise, fraudulently seeks to obtain money or an advantage from the other person.","sortOrder":56},{"sectionNumber":"sec.23","sectionType":"section","heading":"Sale of potentially harmful things","content":"### sec.23 Sale of potentially harmful things\n\nA seller must not sell a potentially harmful thing to another person if the seller knows or believes, on reasonable grounds, that the other person—\nintends to inhale or ingest the thing; or\nintends to sell the thing to another person for inhalation or ingestion whether by that person or someone else.\nMaximum penalty—\nfor a first offence—25 penalty units or 3 months imprisonment; or\nfor a second or later offence—50 penalty units or 1 year’s imprisonment.\nFor the purposes of the Anti-Discrimination Act 1991 , section 46 , a seller is not to be taken to discriminate against a person only because the seller refuses to sell a potentially harmful thing to the person because of subsection (1) .\nIn this section—\npotentially harmful thing —\nmeans a thing a person may lawfully possess that is or contains a substance that may be harmful to a person if ingested or inhaled; and\nglue\npaint\na solvent\nincludes methylated spirits; and\ndoes not include a thing intended by its manufacturer to be inhaled or ingested by a person using it.\nseller means a person who, in trade or commerce, sells potentially harmful things to the public.\ns 23 amd 2007 No. 1 s 4 ; 2024 No. 1 s 7\n(sec.23-ssec.1) A seller must not sell a potentially harmful thing to another person if the seller knows or believes, on reasonable grounds, that the other person— intends to inhale or ingest the thing; or intends to sell the thing to another person for inhalation or ingestion whether by that person or someone else. Maximum penalty— for a first offence—25 penalty units or 3 months imprisonment; or for a second or later offence—50 penalty units or 1 year’s imprisonment.\n(sec.23-ssec.2) For the purposes of the Anti-Discrimination Act 1991 , section 46 , a seller is not to be taken to discriminate against a person only because the seller refuses to sell a potentially harmful thing to the person because of subsection (1) .\n(sec.23-ssec.3) In this section— potentially harmful thing — means a thing a person may lawfully possess that is or contains a substance that may be harmful to a person if ingested or inhaled; and glue paint a solvent includes methylated spirits; and does not include a thing intended by its manufacturer to be inhaled or ingested by a person using it. seller means a person who, in trade or commerce, sells potentially harmful things to the public.\n- (a) intends to inhale or ingest the thing; or\n- (b) intends to sell the thing to another person for inhalation or ingestion whether by that person or someone else.\n- (a) for a first offence—25 penalty units or 3 months imprisonment; or\n- (b) for a second or later offence—50 penalty units or 1 year’s imprisonment.\n- (a) means a thing a person may lawfully possess that is or contains a substance that may be harmful to a person if ingested or inhaled; and Examples— • glue • paint • a solvent\n- • glue\n- • paint\n- • a solvent\n- (b) includes methylated spirits; and\n- (c) does not include a thing intended by its manufacturer to be inhaled or ingested by a person using it.\n- • glue\n- • paint\n- • a solvent","sortOrder":57},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Seller must take prevention measures in relation to spray paint","content":"### sec.23A Seller must take prevention measures in relation to spray paint\n\nThis section applies in relation to selling spray paint.\nA seller who is an employer must take prevention measures in relation to each employee of the seller.\nMaximum penalty—40 penalty units.\nThe seller takes prevention measures for subsection (2) in relation to an employee if the seller—\ninstructs the employee—\nnot to sell spray paint to minors in any circumstances, even if the sale is for, or claimed to be for, an adult; and\nto sight acceptable evidence of age for a person before selling spray paint to the person, unless satisfied the person is an adult; and\nwarns the employee that if the employee disregards the instructions mentioned in paragraph (a) and sells spray paint to minors, the employee commits an offence against section 23C ; and\nobtains written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .\ns 23A ins 2007 No. 1 s 5\namd 2024 No. 1 s 8\n(sec.23A-ssec.1) This section applies in relation to selling spray paint.\n(sec.23A-ssec.2) A seller who is an employer must take prevention measures in relation to each employee of the seller. Maximum penalty—40 penalty units.\n(sec.23A-ssec.3) The seller takes prevention measures for subsection (2) in relation to an employee if the seller— instructs the employee— not to sell spray paint to minors in any circumstances, even if the sale is for, or claimed to be for, an adult; and to sight acceptable evidence of age for a person before selling spray paint to the person, unless satisfied the person is an adult; and warns the employee that if the employee disregards the instructions mentioned in paragraph (a) and sells spray paint to minors, the employee commits an offence against section 23C ; and obtains written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .\n- (a) instructs the employee— (i) not to sell spray paint to minors in any circumstances, even if the sale is for, or claimed to be for, an adult; and (ii) to sight acceptable evidence of age for a person before selling spray paint to the person, unless satisfied the person is an adult; and\n- (i) not to sell spray paint to minors in any circumstances, even if the sale is for, or claimed to be for, an adult; and\n- (ii) to sight acceptable evidence of age for a person before selling spray paint to the person, unless satisfied the person is an adult; and\n- (b) warns the employee that if the employee disregards the instructions mentioned in paragraph (a) and sells spray paint to minors, the employee commits an offence against section 23C ; and\n- (c) obtains written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .\n- (i) not to sell spray paint to minors in any circumstances, even if the sale is for, or claimed to be for, an adult; and\n- (ii) to sight acceptable evidence of age for a person before selling spray paint to the person, unless satisfied the person is an adult; and","sortOrder":58},{"sectionNumber":"sec.23B","sectionType":"section","heading":"Sale of spray paint to minors","content":"### sec.23B Sale of spray paint to minors\n\nA seller of spray paint must not sell spray paint to a minor.\nMaximum penalty—\nfor a first offence—140 penalty units; or\nfor a second offence—280 penalty units; or\nfor a third or later offence—420 penalty units.\nAn employee who sells spray paint to a minor in the course of the employment can not be prosecuted under this section.\nSee section 23C for when an employee is liable for selling spray paint to a minor.\nIt is a defence to a charge of an offence against subsection (1) for the seller to prove—\nthat the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and\nthe person produced acceptable evidence of age, or purported acceptable evidence of age, showing the person was not a minor; and\nthe seller or employee had no reason to believe the evidence was false.\nAlso, for the purposes of the Anti-Discrimination Act 1991 , section 46 , a seller is not to be taken to discriminate against a person only because the seller refuses to sell spray paint to the person because of subsection (1) .\ns 23B ins 2007 No. 1 s 5\namd 2020 No. 21 s 27 ; 2024 No. 1 s 9\n(sec.23B-ssec.1) A seller of spray paint must not sell spray paint to a minor. Maximum penalty— for a first offence—140 penalty units; or for a second offence—280 penalty units; or for a third or later offence—420 penalty units.\n(sec.23B-ssec.2) An employee who sells spray paint to a minor in the course of the employment can not be prosecuted under this section. See section 23C for when an employee is liable for selling spray paint to a minor.\n(sec.23B-ssec.3) It is a defence to a charge of an offence against subsection (1) for the seller to prove— that the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and the person produced acceptable evidence of age, or purported acceptable evidence of age, showing the person was not a minor; and the seller or employee had no reason to believe the evidence was false.\n(sec.23B-ssec.4) Also, for the purposes of the Anti-Discrimination Act 1991 , section 46 , a seller is not to be taken to discriminate against a person only because the seller refuses to sell spray paint to the person because of subsection (1) .\n- (a) for a first offence—140 penalty units; or\n- (b) for a second offence—280 penalty units; or\n- (c) for a third or later offence—420 penalty units.\n- (a) that the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and\n- (b) the person produced acceptable evidence of age, or purported acceptable evidence of age, showing the person was not a minor; and\n- (c) the seller or employee had no reason to believe the evidence was false.","sortOrder":59},{"sectionNumber":"sec.23C","sectionType":"section","heading":"When employee of seller liable","content":"### sec.23C When employee of seller liable\n\nThis section applies if a seller has, in relation to an employee of the seller, taken the prevention measures mentioned in section 23A (3) .\nThe employee of the seller must not, in the course of the employee’s employment, sell spray paint to a minor.\nMaximum penalty—\nfor a first offence—20 penalty units; or\nfor a second or later offence—40 penalty units.\nFor deciding whether a person has committed a second or later 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.\ns 23C ins 2007 No. 1 s 5\n(sec.23C-ssec.1) This section applies if a seller has, in relation to an employee of the seller, taken the prevention measures mentioned in section 23A (3) .\n(sec.23C-ssec.2) The employee of the seller must not, in the course of the employee’s employment, sell spray paint to a minor. Maximum penalty— for a first offence—20 penalty units; or for a second or later offence—40 penalty units.\n(sec.23C-ssec.3) For deciding whether a person has committed a second or later 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.\n- (a) for a first offence—20 penalty units; or\n- (b) for a second or later offence—40 penalty units.","sortOrder":60},{"sectionNumber":"sec.23D","sectionType":"section","heading":"Seller of spray paint must display prohibition sign","content":"### sec.23D Seller of spray paint must display prohibition sign\n\nA 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.\nMaximum penalty—20 penalty units.\nIn this section—\npoint of sale means a counter or similar fixture where spray paint may be sold.\nprohibition sign means a sign about the supply of spray paint to minors complying with the requirements prescribed under a regulation.\nretail outlet means premises where spray paint is available for sale to the public.\ns 23D ins 2007 No. 1 s 5\n(sec.23D-ssec.1) 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. Maximum penalty—20 penalty units.\n(sec.23D-ssec.2) 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.","sortOrder":61},{"sectionNumber":"sec.23E","sectionType":"section","heading":"Provision about definition of sell for ss 23A – 23D","content":"### sec.23E Provision about definition of sell for ss 23A – 23D\n\nThis section applies for the application of the definition sell in the dictionary to sections 23A to 23D .\nA 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.\ns 23E ins 2007 No. 1 s 5\n(sec.23E-ssec.1) This section applies for the application of the definition sell in the dictionary to sections 23A to 23D .\n(sec.23E-ssec.2) 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.","sortOrder":62},{"sectionNumber":"sec.24","sectionType":"section","heading":"Throwing things at a sporting event","content":"### sec.24 Throwing things at a sporting event\n\nA person at a sporting event must not throw or propel an object that may—\ninjure a person; or\ndamage property; or\ndisrupt the event.\nMaximum penalty—10 penalty units or 6 months imprisonment.\nSubsection (1) does not apply to a person actually participating in a sporting event who throws or propels an object the person ordinarily throws or propels as part of the sporting event.\nAlso, subsection (1) does not apply to a person who is a spectator at a sporting event who returns an object ordinarily used in the sporting event to a person actually participating in the sporting event in a way not intended to contravene subsection (1) .\nreturning to a cricket player a cricket ball that has been hit over the fence in a cricket match\n(sec.24-ssec.1) A person at a sporting event must not throw or propel an object that may— injure a person; or damage property; or disrupt the event. Maximum penalty—10 penalty units or 6 months imprisonment.\n(sec.24-ssec.2) Subsection (1) does not apply to a person actually participating in a sporting event who throws or propels an object the person ordinarily throws or propels as part of the sporting event.\n(sec.24-ssec.3) Also, subsection (1) does not apply to a person who is a spectator at a sporting event who returns an object ordinarily used in the sporting event to a person actually participating in the sporting event in a way not intended to contravene subsection (1) . returning to a cricket player a cricket ball that has been hit over the fence in a cricket match\n- (a) injure a person; or\n- (b) damage property; or\n- (c) disrupt the event.","sortOrder":63},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Unlawful SMS messages etc.","content":"### sec.24A Unlawful SMS messages etc.\n\nA 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.\nMaximum penalty—100 penalty units.\nFor 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.\nSubsection (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.\nIn this section—\ninternet message means a message that may be viewed by a person on a website.\nmessage includes information in any form, whether or not for a particular person.\nrelevant message means any of the following that informs a person of the location of a traffic enforcement site—\nan internet message;\nan SMS message;\nanother type of message that may be heard, read or otherwise viewed by a person using a mobile phone.\nSMS message means a text message sent using the mobile phone service known as the short messaging service.\ntraffic 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) .\nthe site of a speed camera\na random breath test site\na vehicle safety check site\ns 24A ins 2007 No. 1 s 6\namd 2013 No. 26 s 105 sch 1\n(sec.24A-ssec.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. Maximum penalty—100 penalty units.\n(sec.24A-ssec.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.\n(sec.24A-ssec.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.\n(sec.24A-ssec.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— an internet message; an SMS message; 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) . the site of a speed camera a random breath test site a vehicle safety check site\n- (a) an internet message;\n- (b) an SMS message;\n- (c) another type of message that may be heard, read or otherwise viewed by a person using a mobile phone.\n- • the site of a speed camera\n- • a random breath test site\n- • a vehicle safety check site","sortOrder":64},{"sectionNumber":"sec.25","sectionType":"section","heading":"Use of vehicles","content":"### sec.25 Use of vehicles\n\nA person must not—\nunlawfully enter or use a vehicle without the consent of the person in lawful possession of the vehicle; or\nhave a vehicle in the person’s possession without the consent of the person in lawful possession of it (the other person ) with intent to temporarily or permanently deprive the other person of the use or possession of the vehicle.\nMaximum penalty—20 penalty units or 1 year’s imprisonment.\ns 25 amd 2008 No. 55 s 148\n- (a) unlawfully enter or use a vehicle without the consent of the person in lawful possession of the vehicle; or\n- (b) have a vehicle in the person’s possession without the consent of the person in lawful possession of it (the other person ) with intent to temporarily or permanently deprive the other person of the use or possession of the vehicle.","sortOrder":65},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Advertising a reward for the return of stolen property etc.","content":"### sec.25A Advertising a reward for the return of stolen property etc.\n\nA person must not—\nunlawfully offer a reward for the return of stolen or lost property; or\nunlawfully print or publish an offer of a reward for the return of stolen or lost property.\nMaximum penalty—2 penalty units.\nA person unlawfully offers a reward for the return of stolen or lost property if the person offering the reward makes the offer publicly and—\nindicates in the offer that no questions will be asked, or that the person producing the property will not be seized or molested; or\noffers to return to any person who may have bought or advanced money by way of loan on stolen or lost property the money paid or advanced, or to give to the person any other sum of money or reward, for the return of the property.\nA person unlawfully prints or publishes an offer of a reward for the return of stolen or lost property if the person publicly prints or publishes an offer of a reward that—\nindicates in the offer that no questions will be asked, or that the person producing the property will not be seized or molested; or\noffers to return to any person who may have bought or advanced money by way of loan on stolen or lost property the money paid or advanced, or to give to the person any other sum of money or reward, for the return of the property.\ns 25A ins 2008 No. 55 s 149\n(sec.25A-ssec.1) A person must not— unlawfully offer a reward for the return of stolen or lost property; or unlawfully print or publish an offer of a reward for the return of stolen or lost property. Maximum penalty—2 penalty units.\n(sec.25A-ssec.2) A person unlawfully offers a reward for the return of stolen or lost property if the person offering the reward makes the offer publicly and— indicates in the offer that no questions will be asked, or that the person producing the property will not be seized or molested; or offers to return to any person who may have bought or advanced money by way of loan on stolen or lost property the money paid or advanced, or to give to the person any other sum of money or reward, for the return of the property.\n(sec.25A-ssec.3) A person unlawfully prints or publishes an offer of a reward for the return of stolen or lost property if the person publicly prints or publishes an offer of a reward that— indicates in the offer that no questions will be asked, or that the person producing the property will not be seized or molested; or offers to return to any person who may have bought or advanced money by way of loan on stolen or lost property the money paid or advanced, or to give to the person any other sum of money or reward, for the return of the property.\n- (a) unlawfully offer a reward for the return of stolen or lost property; or\n- (b) unlawfully print or publish an offer of a reward for the return of stolen or lost property.\n- (a) indicates in the offer that no questions will be asked, or that the person producing the property will not be seized or molested; or\n- (b) offers to return to any person who may have bought or advanced money by way of loan on stolen or lost property the money paid or advanced, or to give to the person any other sum of money or reward, for the return of the property.\n- (a) indicates in the offer that no questions will be asked, or that the person producing the property will not be seized or molested; or\n- (b) offers to return to any person who may have bought or advanced money by way of loan on stolen or lost property the money paid or advanced, or to give to the person any other sum of money or reward, for the return of the property.","sortOrder":66},{"sectionNumber":"sec.26","sectionType":"section","heading":"Endangering the safe use of a vehicle by throwing an object or by a similar activity","content":"### sec.26 Endangering the safe use of a vehicle by throwing an object or by a similar activity\n\nA person must not unlawfully—\nthrow an object at a vehicle that is in the course of travelling; or\nplace an object in or near to the path a vehicle is using or may use in the course of travelling; or\ndirect a beam of light from a laser at or near a vehicle that is in the course of travelling;\nin a way that endangers or is likely to endanger the safe use of the vehicle.\nMaximum penalty—2 years imprisonment.\nFor subsection (1) (a) , throwing an object at a vehicle includes throwing or dropping an object onto or near the vehicle or into or near to the path of the vehicle.\nThe following do not matter—\nthe intention with which an object is thrown, dropped or placed or a beam of light from a laser is directed (in any case, the initial act );\nwhether contact is made with a vehicle;\nwithout limiting paragraph (a) , whether a particular vehicle is involved;\nin relation to a requirement that a vehicle be in the course of travelling—whether the vehicle is moving or stationary;\nwhether a vehicle is in the sight of the offender or present when the initial act is done.\nIn this section—\nat includes towards.\nbeam of light , from a laser, means the beam of radiation produced by a laser device.\nlaser means a laser pointer, laser scope or other laser device.\npath includes pathway, course and channel.\nplace includes insert and submerge.\nthrow includes propel, project and kick.\nvehicle see the Criminal Code , section 1 .\ns 26 ins 2009 No. 12 s 17\n(sec.26-ssec.1) A person must not unlawfully— throw an object at a vehicle that is in the course of travelling; or place an object in or near to the path a vehicle is using or may use in the course of travelling; or direct a beam of light from a laser at or near a vehicle that is in the course of travelling; in a way that endangers or is likely to endanger the safe use of the vehicle. Maximum penalty—2 years imprisonment.\n(sec.26-ssec.2) For subsection (1) (a) , throwing an object at a vehicle includes throwing or dropping an object onto or near the vehicle or into or near to the path of the vehicle.\n(sec.26-ssec.3) The following do not matter— the intention with which an object is thrown, dropped or placed or a beam of light from a laser is directed (in any case, the initial act ); whether contact is made with a vehicle; without limiting paragraph (a) , whether a particular vehicle is involved; in relation to a requirement that a vehicle be in the course of travelling—whether the vehicle is moving or stationary; whether a vehicle is in the sight of the offender or present when the initial act is done.\n(sec.26-ssec.4) In this section— at includes towards. beam of light , from a laser, means the beam of radiation produced by a laser device. laser means a laser pointer, laser scope or other laser device. path includes pathway, course and channel. place includes insert and submerge. throw includes propel, project and kick. vehicle see the Criminal Code , section 1 .\n- (a) throw an object at a vehicle that is in the course of travelling; or\n- (b) place an object in or near to the path a vehicle is using or may use in the course of travelling; or\n- (c) direct a beam of light from a laser at or near a vehicle that is in the course of travelling;\n- (a) the intention with which an object is thrown, dropped or placed or a beam of light from a laser is directed (in any case, the initial act );\n- (b) whether contact is made with a vehicle;\n- (c) without limiting paragraph (a) , whether a particular vehicle is involved;\n- (d) in relation to a requirement that a vehicle be in the course of travelling—whether the vehicle is moving or stationary;\n- (e) whether a vehicle is in the sight of the offender or present when the initial act is done.","sortOrder":67},{"sectionNumber":"sec.26A","sectionType":"section","heading":"Interference with graves etc.","content":"### sec.26A Interference with graves etc.\n\nA person must not interfere with—\na grave, vault, niche or memorial in a cemetery or at a crematorium; or\na war memorial; or\na thing fixed at a place of religious worship.\nMaximum penalty—1 year’s imprisonment.\nIt is a defence for the person to prove that the person was acting—\nwith lawful authority or in the reasonable belief that the person was acting with lawful authority; or\nwith any other reasonable excuse.\nIn this section—\ncrematorium includes the land or water where the crematorium is situated.\ninterfere , with a thing, includes—\ndestroy, damage, move or mark it; and\notherwise deal with it in a way that is likely to cause offence to a reasonable person.\nlawful authority means authority under an Act or given lawfully by either of the following—\nthe owner of the thing interfered with;\nif the thing interfered with is in a cemetery or at a crematorium and there is an entity responsible for managing and administering the cemetery or crematorium—the entity.\nmemorial , in a cemetery or at a crematorium, includes the following—\na headstone;\nan inscribed plaque or commemorative plate;\na monumental, ornamental or other structure;\nanother thing erected or placed—\nto mark the site where human remains have been buried or placed; or\nto commemorate a deceased person.\ns 26A ins 2011 No. 7 s 30\n(sec.26A-ssec.1) A person must not interfere with— a grave, vault, niche or memorial in a cemetery or at a crematorium; or a war memorial; or a thing fixed at a place of religious worship. Maximum penalty—1 year’s imprisonment.\n(sec.26A-ssec.2) It is a defence for the person to prove that the person was acting— with lawful authority or in the reasonable belief that the person was acting with lawful authority; or with any other reasonable excuse.\n(sec.26A-ssec.3) In this section— crematorium includes the land or water where the crematorium is situated. interfere , with a thing, includes— destroy, damage, move or mark it; and otherwise deal with it in a way that is likely to cause offence to a reasonable person. lawful authority means authority under an Act or given lawfully by either of the following— the owner of the thing interfered with; if the thing interfered with is in a cemetery or at a crematorium and there is an entity responsible for managing and administering the cemetery or crematorium—the entity. memorial , in a cemetery or at a crematorium, includes the following— a headstone; an inscribed plaque or commemorative plate; a monumental, ornamental or other structure; another thing erected or placed— to mark the site where human remains have been buried or placed; or to commemorate a deceased person.\n- (a) a grave, vault, niche or memorial in a cemetery or at a crematorium; or\n- (b) a war memorial; or\n- (c) a thing fixed at a place of religious worship.\n- (a) with lawful authority or in the reasonable belief that the person was acting with lawful authority; or\n- (b) with any other reasonable excuse.\n- (a) destroy, damage, move or mark it; and\n- (b) otherwise deal with it in a way that is likely to cause offence to a reasonable person.\n- (a) the owner of the thing interfered with;\n- (b) if the thing interfered with is in a cemetery or at a crematorium and there is an entity responsible for managing and administering the cemetery or crematorium—the entity.\n- (a) a headstone;\n- (b) an inscribed plaque or commemorative plate;\n- (c) a monumental, ornamental or other structure;\n- (d) another thing erected or placed— (i) to mark the site where human remains have been buried or placed; or (ii) to commemorate a deceased person.\n- (i) to mark the site where human remains have been buried or placed; or\n- (ii) to commemorate a deceased person.\n- (i) to mark the site where human remains have been buried or placed; or\n- (ii) to commemorate a deceased person.","sortOrder":68},{"sectionNumber":"sec.26B","sectionType":"section","heading":"Publishing material about particular offending behaviour","content":"### sec.26B Publishing material about particular offending behaviour\n\nA person must not, without reasonable excuse, publish material on a social media platform or an online social network if—\nthe material depicts conduct that constitutes a prescribed offence; and\nthe person publishes the material for the purpose of—\nglorifying the conduct; or\nincreasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.\nMaximum penalty—2 years imprisonment.\nSubsection (1) does not apply to publication of material by a journalist in the course of their activities as a journalist.\nA person may be proceeded against for, and convicted of, an offence against subsection (1) whether or not anyone has been proceeded against for, or convicted of, the prescribed offence.\nA person may not be convicted of both—\nan offence against subsection (1) relating to the publication of material depicting conduct that constitutes a relevant Code or weapons offence; and\na relevant Code or weapons offence with a circumstance of aggravation relating to the publication of material on a social media platform or an online social network.\nIn this section—\nmaterial includes an electronic document.\nprescribed offence means any of the following offences against an Act of Queensland—\nan offence involving driving or operating a vehicle;\nan offence involving violence or a threat of violence;\nan offence involving taking, damaging, destroying, removing, using, interfering with or entering property;\nan offence involving a weapon.\nrelevant Code or weapons offence means—\nan offence against any of the following provisions of the Criminal Code —\nsection 69 (1) ;\nsection 328A (1) ;\nsection 335 (1) ;\nsection 339 (1) ;\nsection 408A (1) ;\nsection 419 (1) ; or\nan offence against the Weapons Act 1990 , section 51 (1) .\ns 26B ins 2024 No. 45 s 7\n(sec.26B-ssec.1) A person must not, without reasonable excuse, publish material on a social media platform or an online social network if— the material depicts conduct that constitutes a prescribed offence; and the person publishes the material for the purpose of— glorifying the conduct; or increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct. Maximum penalty—2 years imprisonment.\n(sec.26B-ssec.2) Subsection (1) does not apply to publication of material by a journalist in the course of their activities as a journalist.\n(sec.26B-ssec.3) A person may be proceeded against for, and convicted of, an offence against subsection (1) whether or not anyone has been proceeded against for, or convicted of, the prescribed offence.\n(sec.26B-ssec.4) A person may not be convicted of both— an offence against subsection (1) relating to the publication of material depicting conduct that constitutes a relevant Code or weapons offence; and a relevant Code or weapons offence with a circumstance of aggravation relating to the publication of material on a social media platform or an online social network.\n(sec.26B-ssec.5) In this section— material includes an electronic document. prescribed offence means any of the following offences against an Act of Queensland— an offence involving driving or operating a vehicle; an offence involving violence or a threat of violence; an offence involving taking, damaging, destroying, removing, using, interfering with or entering property; an offence involving a weapon. relevant Code or weapons offence means— an offence against any of the following provisions of the Criminal Code — section 69 (1) ; section 328A (1) ; section 335 (1) ; section 339 (1) ; section 408A (1) ; section 419 (1) ; or an offence against the Weapons Act 1990 , section 51 (1) .\n- (a) the material depicts conduct that constitutes a prescribed offence; and\n- (b) the person publishes the material for the purpose of— (i) glorifying the conduct; or (ii) increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.\n- (i) glorifying the conduct; or\n- (ii) increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.\n- (i) glorifying the conduct; or\n- (ii) increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.\n- (a) an offence against subsection (1) relating to the publication of material depicting conduct that constitutes a relevant Code or weapons offence; and\n- (b) a relevant Code or weapons offence with a circumstance of aggravation relating to the publication of material on a social media platform or an online social network.\n- (a) an offence involving driving or operating a vehicle;\n- (b) an offence involving violence or a threat of violence;\n- (c) an offence involving taking, damaging, destroying, removing, using, interfering with or entering property;\n- (d) an offence involving a weapon.\n- (a) an offence against any of the following provisions of the Criminal Code — (i) section 69 (1) ; (ii) section 328A (1) ; (iii) section 335 (1) ; (iv) section 339 (1) ; (v) section 408A (1) ; (vi) section 419 (1) ; or\n- (i) section 69 (1) ;\n- (ii) section 328A (1) ;\n- (iii) section 335 (1) ;\n- (iv) section 339 (1) ;\n- (v) section 408A (1) ;\n- (vi) section 419 (1) ; or\n- (b) an offence against the Weapons Act 1990 , section 51 (1) .\n- (i) section 69 (1) ;\n- (ii) section 328A (1) ;\n- (iii) section 335 (1) ;\n- (iv) section 339 (1) ;\n- (v) section 408A (1) ;\n- (vi) section 419 (1) ; or","sortOrder":69},{"sectionNumber":"pt.3","sectionType":"part","heading":"Removal of public graffiti","content":"# Removal of public graffiti","sortOrder":70},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Interpretation","content":"## Interpretation","sortOrder":71},{"sectionNumber":"sec.27","sectionType":"section","heading":"Definitions for pt 3","content":"### sec.27 Definitions for pt 3\n\nIn this part—\nappointing authority see section 37 (1) .\napproved form see section 44 .\nconsent does not include consent that has been revoked or withdrawn.\ngraffiti removal notice see section 30 (2) .\ngraffiti removal officer means a person appointed as a graffiti removal officer under section 37 (1) .\nhelper see section 29 (10) .\nlocal graffiti removal officer means a person appointed as a graffiti removal officer by the chief executive of a local government.\nowner , in relation to a place, includes each of the following—\na person who is for the time being entitled to receive the rent of the place or who, if the place were let to a tenant at a rack-rent, would be entitled to receive the rack-rent;\na person who is the holder of any lease, licence or other permission to occupy the place from the State or a person deriving title from the State;\na person who is the occupier of the place or who has the care, control or management of the place.\npublic graffiti means—\ngraffiti in a public place; or\ngraffiti in another place but only to the extent the graffiti can readily be seen from a public place.\nremove , in relation to public graffiti, includes the following—\nconceal;\ncover;\nattempt to remove.\npainting over graffiti\nState graffiti removal officer means a person appointed as a graffiti removal officer by the Minister.\ns 27 ins 2008 No. 42 s 6\n- (a) a person who is for the time being entitled to receive the rent of the place or who, if the place were let to a tenant at a rack-rent, would be entitled to receive the rack-rent;\n- (b) a person who is the holder of any lease, licence or other permission to occupy the place from the State or a person deriving title from the State;\n- (c) a person who is the occupier of the place or who has the care, control or management of the place.\n- (a) graffiti in a public place; or\n- (b) graffiti in another place but only to the extent the graffiti can readily be seen from a public place.\n- (a) conceal;\n- (b) cover;\n- (c) attempt to remove.","sortOrder":72},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Graffiti removal power","content":"## Graffiti removal power","sortOrder":73},{"sectionNumber":"sec.28","sectionType":"section","heading":"Graffiti removal power","content":"### sec.28 Graffiti removal power\n\nA graffiti removal officer may remove public graffiti from any place.\nIn removing public graffiti from property owned by someone other than the State or a local government, a graffiti removal officer must take reasonable steps to leave the property in the condition it would be in if the graffiti had not been placed on the property.\nIf it is not practicable to leave the property in the condition mentioned in subsection (2) , it is sufficient for the subsection for the graffiti removal officer to leave the property in a state that is reasonably acceptable in all the circumstances.\nGraffiti is placed on part of a wall. Reinstating the wall requires the whole wall to be freshly painted. However, painting over the graffiti only may leave the wall in a state that is reasonably acceptable in all the circumstances.\nThis section applies subject to the limitations imposed under this division on the powers of a graffiti removal officer to enter the place.\ns 28 ins 2008 No. 42 s 6\n(sec.28-ssec.1) A graffiti removal officer may remove public graffiti from any place.\n(sec.28-ssec.2) In removing public graffiti from property owned by someone other than the State or a local government, a graffiti removal officer must take reasonable steps to leave the property in the condition it would be in if the graffiti had not been placed on the property.\n(sec.28-ssec.3) If it is not practicable to leave the property in the condition mentioned in subsection (2) , it is sufficient for the subsection for the graffiti removal officer to leave the property in a state that is reasonably acceptable in all the circumstances. Graffiti is placed on part of a wall. Reinstating the wall requires the whole wall to be freshly painted. However, painting over the graffiti only may leave the wall in a state that is reasonably acceptable in all the circumstances.\n(sec.28-ssec.4) This section applies subject to the limitations imposed under this division on the powers of a graffiti removal officer to enter the place.","sortOrder":74},{"sectionNumber":"sec.29","sectionType":"section","heading":"Powers of entry","content":"### sec.29 Powers of entry\n\nFor contacting an owner of a place or for giving a graffiti removal notice, a graffiti removal officer may enter—\na public place; or\nvacant land; or\nland around premises other than a dwelling.\nFor contacting the owner of a dwelling, a graffiti removal officer may enter land around the dwelling.\nFor subsections (1) and (2) , a graffiti removal officer may only enter enclosed land other than a public place if there is no other reasonably practical way for contacting an owner of a place or giving a graffiti removal notice.\nTo remove public graffiti, a graffiti removal officer may enter—\na public place; or\nwith the consent or implied consent of an owner of a place—a place that is vacant land or premises other than a dwelling; or\nFor implied consent, see section 30 (6) .\nwith the consent of an owner of a dwelling—a dwelling or land around a dwelling.\nFor subsection (4) (b) and (c) , the consent of an owner is unnecessary if, when removing the public graffiti, including with necessary equipment—\nthe graffiti removal officer and any persons helping the officer, are in a public place; and\nentry to the owner’s place is limited to either of the following and the entry is a minimal intrusion—\nleaning or reaching over into the place;\nworking on property that creates a border along the public place; and\nthe entry happens at a reasonable time having regard to all the circumstances.\nremoving public graffiti from a front fence of a dwelling or other place\nA graffiti removal officer may only exercise power under subsection (4) (b) and (c) if the public graffiti is not accessible from a public place.\nA graffiti removal officer may only enter a place to the extent reasonably necessary to perform the officer’s duties.\nIf a graffiti removal officer enters a place to remove public graffiti with the consent of an owner of the place, the officer’s exercise of powers on the place is subject to any conditions on which the consent is given.\nThe power to enter includes the power to enter on more than 1 occasion.\nThe power to enter to remove public graffiti includes the power to enter with other persons (each of whom is a helper ), and vehicles and equipment, if that is reasonably necessary.\nSubsections (9) and (10) are subject to the requirements for consent mentioned in subsection (4) .\nA vehicle and equipment may not be taken onto a place that is not constructed to safely accommodate their movement or presence.\nIn this section—\nenclosed land means—\nland fenced in a way that ordinarily restricts access when the land is not open to the public; or\nland otherwise ordinarily enclosed to restrict access.\npremises , for subsection (4) (b) , includes land around premises.\ns 29 ins 2008 No. 42 s 6\n(sec.29-ssec.1) For contacting an owner of a place or for giving a graffiti removal notice, a graffiti removal officer may enter— a public place; or vacant land; or land around premises other than a dwelling.\n(sec.29-ssec.2) For contacting the owner of a dwelling, a graffiti removal officer may enter land around the dwelling.\n(sec.29-ssec.3) For subsections (1) and (2) , a graffiti removal officer may only enter enclosed land other than a public place if there is no other reasonably practical way for contacting an owner of a place or giving a graffiti removal notice.\n(sec.29-ssec.4) To remove public graffiti, a graffiti removal officer may enter— a public place; or with the consent or implied consent of an owner of a place—a place that is vacant land or premises other than a dwelling; or For implied consent, see section 30 (6) . with the consent of an owner of a dwelling—a dwelling or land around a dwelling.\n(sec.29-ssec.5) For subsection (4) (b) and (c) , the consent of an owner is unnecessary if, when removing the public graffiti, including with necessary equipment— the graffiti removal officer and any persons helping the officer, are in a public place; and entry to the owner’s place is limited to either of the following and the entry is a minimal intrusion— leaning or reaching over into the place; working on property that creates a border along the public place; and the entry happens at a reasonable time having regard to all the circumstances. removing public graffiti from a front fence of a dwelling or other place\n(sec.29-ssec.6) A graffiti removal officer may only exercise power under subsection (4) (b) and (c) if the public graffiti is not accessible from a public place.\n(sec.29-ssec.7) A graffiti removal officer may only enter a place to the extent reasonably necessary to perform the officer’s duties.\n(sec.29-ssec.8) If a graffiti removal officer enters a place to remove public graffiti with the consent of an owner of the place, the officer’s exercise of powers on the place is subject to any conditions on which the consent is given.\n(sec.29-ssec.9) The power to enter includes the power to enter on more than 1 occasion.\n(sec.29-ssec.10) The power to enter to remove public graffiti includes the power to enter with other persons (each of whom is a helper ), and vehicles and equipment, if that is reasonably necessary.\n(sec.29-ssec.11) Subsections (9) and (10) are subject to the requirements for consent mentioned in subsection (4) .\n(sec.29-ssec.12) A vehicle and equipment may not be taken onto a place that is not constructed to safely accommodate their movement or presence.\n(sec.29-ssec.13) In this section— enclosed land means— land fenced in a way that ordinarily restricts access when the land is not open to the public; or land otherwise ordinarily enclosed to restrict access. premises , for subsection (4) (b) , includes land around premises.\n- (a) a public place; or\n- (b) vacant land; or\n- (c) land around premises other than a dwelling.\n- (a) a public place; or\n- (b) with the consent or implied consent of an owner of a place—a place that is vacant land or premises other than a dwelling; or Note— For implied consent, see section 30 (6) .\n- (c) with the consent of an owner of a dwelling—a dwelling or land around a dwelling.\n- (a) the graffiti removal officer and any persons helping the officer, are in a public place; and\n- (b) entry to the owner’s place is limited to either of the following and the entry is a minimal intrusion— (i) leaning or reaching over into the place; (ii) working on property that creates a border along the public place; and\n- (i) leaning or reaching over into the place;\n- (ii) working on property that creates a border along the public place; and\n- (c) the entry happens at a reasonable time having regard to all the circumstances.\n- (i) leaning or reaching over into the place;\n- (ii) working on property that creates a border along the public place; and\n- (a) land fenced in a way that ordinarily restricts access when the land is not open to the public; or\n- (b) land otherwise ordinarily enclosed to restrict access.","sortOrder":75},{"sectionNumber":"sec.30","sectionType":"section","heading":"Notice about removal","content":"### sec.30 Notice about removal\n\nThis section applies in relation to public graffiti at a place if—\nthe place is not used for a dwelling; and\nthe owner of the place is not the State or a local government.\nBefore starting to remove the public graffiti under section 28 , a graffiti removal officer must give a notice in the approved form to the owner of the place (a graffiti removal notice ).\nWithout limiting other ways for giving a graffiti removal notice, a graffiti removal notice may be given by leaving the notice at or near the public graffiti in a reasonably secure way and in a conspicuous position.\nIf a graffiti removal notice is given to 1 of several owners of a place, the notice is taken to be given to all the owners of the place.\nIf the owner objects in the way stated in the graffiti removal notice, the graffiti removal officer must not remove the public graffiti without the owner’s consent.\nIf the owner does not object within 14 days after the graffiti removal notice is given, the owner is taken to have consented to the removal of the public graffiti and to the activities mentioned in section 29 (9) to (11) relating to the removal.\nDespite subsection (1) , a graffiti removal officer is not required to give a graffiti removal notice—\nif the owner of the place consents to the removal of the public graffiti when contacted by the officer; or\nwhen consent of the owner is unnecessary because of section 29 (5) .\ns 30 ins 2008 No. 42 s 6\n(sec.30-ssec.1) This section applies in relation to public graffiti at a place if— the place is not used for a dwelling; and the owner of the place is not the State or a local government.\n(sec.30-ssec.2) Before starting to remove the public graffiti under section 28 , a graffiti removal officer must give a notice in the approved form to the owner of the place (a graffiti removal notice ).\n(sec.30-ssec.3) Without limiting other ways for giving a graffiti removal notice, a graffiti removal notice may be given by leaving the notice at or near the public graffiti in a reasonably secure way and in a conspicuous position.\n(sec.30-ssec.4) If a graffiti removal notice is given to 1 of several owners of a place, the notice is taken to be given to all the owners of the place.\n(sec.30-ssec.5) If the owner objects in the way stated in the graffiti removal notice, the graffiti removal officer must not remove the public graffiti without the owner’s consent.\n(sec.30-ssec.6) If the owner does not object within 14 days after the graffiti removal notice is given, the owner is taken to have consented to the removal of the public graffiti and to the activities mentioned in section 29 (9) to (11) relating to the removal.\n(sec.30-ssec.7) Despite subsection (1) , a graffiti removal officer is not required to give a graffiti removal notice— if the owner of the place consents to the removal of the public graffiti when contacted by the officer; or when consent of the owner is unnecessary because of section 29 (5) .\n- (a) the place is not used for a dwelling; and\n- (b) the owner of the place is not the State or a local government.\n- (a) if the owner of the place consents to the removal of the public graffiti when contacted by the officer; or\n- (b) when consent of the owner is unnecessary because of section 29 (5) .","sortOrder":76},{"sectionNumber":"sec.31","sectionType":"section","heading":"Protection of graffiti removal officers and helpers from civil liability","content":"### sec.31 Protection of graffiti removal officers and helpers from civil liability\n\nA graffiti removal officer, and any helper, are not civilly liable to someone for an act done, or omission made, honestly and without negligence under this part.\nIf subsection (1) prevents a civil liability attaching to the officer or a helper of the officer, the liability attaches instead to—\nif the officer is a State graffiti removal officer—the State; or\nif the officer is a local graffiti removal officer—the local government that appointed the officer.\ns 31 ins 2008 No. 42 s 6\n(sec.31-ssec.1) A graffiti removal officer, and any helper, are not civilly liable to someone for an act done, or omission made, honestly and without negligence under this part.\n(sec.31-ssec.2) If subsection (1) prevents a civil liability attaching to the officer or a helper of the officer, the liability attaches instead to— if the officer is a State graffiti removal officer—the State; or if the officer is a local graffiti removal officer—the local government that appointed the officer.\n- (a) if the officer is a State graffiti removal officer—the State; or\n- (b) if the officer is a local graffiti removal officer—the local government that appointed the officer.","sortOrder":77},{"sectionNumber":"sec.32","sectionType":"section","heading":"Protection of owners of a place for entry of graffiti removal officers and others","content":"### sec.32 Protection of owners of a place for entry of graffiti removal officers and others\n\nThis section applies if a person (the owner )—\nunder the law, because the person is the owner of a place, owes a duty of care to a graffiti removal officer, and any helper, who enters the place under this part; and\nis, apart from subsection (2) , civilly liable in relation to the death of or injury to the officer or helper because of a breach of the duty.\nInstead of the liability attaching to the owner, the liability attaches instead to—\nif the deceased or injured person was or is a State graffiti removal officer or a helper of the officer—the State; or\nif the deceased or injured person was or is a local graffiti removal officer or a helper of the officer—the local government that appointed the officer.\nHowever, if the breach of duty amounts to gross negligence, the State or local government may recover from the owner as a debt any damages, including costs, paid by the State or local government under subsection (2) .\ns 32 ins 2008 No. 42 s 6\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.32-ssec.1) This section applies if a person (the owner )— under the law, because the person is the owner of a place, owes a duty of care to a graffiti removal officer, and any helper, who enters the place under this part; and is, apart from subsection (2) , civilly liable in relation to the death of or injury to the officer or helper because of a breach of the duty.\n(sec.32-ssec.2) Instead of the liability attaching to the owner, the liability attaches instead to— if the deceased or injured person was or is a State graffiti removal officer or a helper of the officer—the State; or if the deceased or injured person was or is a local graffiti removal officer or a helper of the officer—the local government that appointed the officer.\n(sec.32-ssec.3) However, if the breach of duty amounts to gross negligence, the State or local government may recover from the owner as a debt any damages, including costs, paid by the State or local government under subsection (2) .\n- (a) under the law, because the person is the owner of a place, owes a duty of care to a graffiti removal officer, and any helper, who enters the place under this part; and\n- (b) is, apart from subsection (2) , civilly liable in relation to the death of or injury to the officer or helper because of a breach of the duty.\n- (a) if the deceased or injured person was or is a State graffiti removal officer or a helper of the officer—the State; or\n- (b) if the deceased or injured person was or is a local graffiti removal officer or a helper of the officer—the local government that appointed the officer.","sortOrder":78},{"sectionNumber":"sec.33","sectionType":"section","heading":"Prohibition on charging for removal of public graffiti","content":"### sec.33 Prohibition on charging for removal of public graffiti\n\nNo fee is payable for the removal of public graffiti by the owner of a place from which the public graffiti is removed to the following (the remover )—\nthe State;\na local government;\na graffiti removal officer;\nany helper of a graffiti removal officer.\nSubsection (1) is subject to any agreement between the owner of the place and the remover.\ns 33 ins 2008 No. 42 s 6\n(sec.33-ssec.1) No fee is payable for the removal of public graffiti by the owner of a place from which the public graffiti is removed to the following (the remover )— the State; a local government; a graffiti removal officer; any helper of a graffiti removal officer.\n(sec.33-ssec.2) Subsection (1) is subject to any agreement between the owner of the place and the remover.\n- (a) the State;\n- (b) a local government;\n- (c) a graffiti removal officer;\n- (d) any helper of a graffiti removal officer.","sortOrder":79},{"sectionNumber":"sec.34","sectionType":"section","heading":"Compensation","content":"### sec.34 Compensation\n\nA person may claim compensation from the appointing authority of a graffiti removal officer if the person incurs loss or expense because of the exercise or purported exercise of a power under this part by the officer or any helper.\nPayment of compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction for the recovery of compensation.\nA court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\nFor subsection (1) , removal of public graffiti of itself does not give rise to loss or expense.\ns 34 ins 2008 No. 42 s 6\n(sec.34-ssec.1) A person may claim compensation from the appointing authority of a graffiti removal officer if the person incurs loss or expense because of the exercise or purported exercise of a power under this part by the officer or any helper.\n(sec.34-ssec.2) Payment of compensation may be claimed and ordered in a proceeding for compensation brought in a court of competent jurisdiction for the recovery of compensation.\n(sec.34-ssec.3) A court may order the payment of compensation for the loss or expense only if it is satisfied it is just to make the order in the circumstances of the particular case.\n(sec.34-ssec.4) For subsection (1) , removal of public graffiti of itself does not give rise to loss or expense.","sortOrder":80},{"sectionNumber":"sec.35","sectionType":"section","heading":"Graffiti removal officer to give notice of damage","content":"### sec.35 Graffiti removal officer to give notice of damage\n\nThis section applies if a graffiti removal officer or any helper, in the exercise or purported exercise of a power under this part, damages anything.\nThe officer must immediately give written notice of the particulars of the damage.\nThe notice must be given to the person who appears to the graffiti removal officer to be the owner of the place where the damaged thing is located.\nIf, for any reason, it is not practicable to comply with subsection (3) , the graffiti removal officer must—\nleave the notice at the place where the damage happened; and\nensure the notice is left in a reasonably secure way and in a conspicuous position.\nFor subsection (1) , removal of public graffiti of itself is not damage.\ns 35 ins 2008 No. 42 s 6\n(sec.35-ssec.1) This section applies if a graffiti removal officer or any helper, in the exercise or purported exercise of a power under this part, damages anything.\n(sec.35-ssec.2) The officer must immediately give written notice of the particulars of the damage.\n(sec.35-ssec.3) The notice must be given to the person who appears to the graffiti removal officer to be the owner of the place where the damaged thing is located.\n(sec.35-ssec.4) If, for any reason, it is not practicable to comply with subsection (3) , the graffiti removal officer must— leave the notice at the place where the damage happened; and ensure the notice is left in a reasonably secure way and in a conspicuous position.\n(sec.35-ssec.5) For subsection (1) , removal of public graffiti of itself is not damage.\n- (a) leave the notice at the place where the damage happened; and\n- (b) ensure the notice is left in a reasonably secure way and in a conspicuous position.","sortOrder":81},{"sectionNumber":"sec.36","sectionType":"section","heading":"Obstructing graffiti removal officer or helper","content":"### sec.36 Obstructing graffiti removal officer or helper\n\nA person must not obstruct a graffiti removal officer, or any helper, in the exercise of power under this part, unless the person has a reasonable excuse.\nMaximum penalty—40 penalty units.\nSubsection (3) applies if—\na person obstructs a graffiti removal officer, or a helper, in the exercise of power under this part; and\nthe graffiti removal officer proposes to proceed with exercise of the power.\nThe graffiti removal officer must—\nif the officer has not already done so—state that the officer is a graffiti removal officer and explain the officer’s power under this part; and\nwarn the person that—\nit is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and\nthe officer considers the person’s conduct is obstruction; and\ngive the person a reasonable opportunity to stop the obstruction.\nIn this section—\nobstruct includes the following—\nassault;\nhinder;\nintimidate;\nprevent;\nattempt to obstruct.\ns 36 ins 2008 No. 42 s 6\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.36-ssec.1) A person must not obstruct a graffiti removal officer, or any helper, in the exercise of power under this part, unless the person has a reasonable excuse. Maximum penalty—40 penalty units.\n(sec.36-ssec.2) Subsection (3) applies if— a person obstructs a graffiti removal officer, or a helper, in the exercise of power under this part; and the graffiti removal officer proposes to proceed with exercise of the power.\n(sec.36-ssec.3) The graffiti removal officer must— if the officer has not already done so—state that the officer is a graffiti removal officer and explain the officer’s power under this part; and warn the person that— it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and the officer considers the person’s conduct is obstruction; and give the person a reasonable opportunity to stop the obstruction.\n(sec.36-ssec.4) In this section— obstruct includes the following— assault; hinder; intimidate; prevent; attempt to obstruct.\n- (a) a person obstructs a graffiti removal officer, or a helper, in the exercise of power under this part; and\n- (b) the graffiti removal officer proposes to proceed with exercise of the power.\n- (a) if the officer has not already done so—state that the officer is a graffiti removal officer and explain the officer’s power under this part; and\n- (b) warn the person that— (i) it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and (ii) the officer considers the person’s conduct is obstruction; and\n- (i) it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and\n- (ii) the officer considers the person’s conduct is obstruction; and\n- (c) give the person a reasonable opportunity to stop the obstruction.\n- (i) it is an offence to obstruct the officer and any helper unless the person has a reasonable excuse; and\n- (ii) the officer considers the person’s conduct is obstruction; and\n- (a) assault;\n- (b) hinder;\n- (c) intimidate;\n- (d) prevent;\n- (e) attempt to obstruct.","sortOrder":82},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Graffiti removal officers","content":"## Graffiti removal officers","sortOrder":83},{"sectionNumber":"sec.37","sectionType":"section","heading":"Appointment and qualifications","content":"### sec.37 Appointment and qualifications\n\nThe Minister or the chief executive of a local government (each of whom is an appointing authority ) may appoint a person as a graffiti removal officer.\na cleaning contractor or subcontractor\nHowever, the Minister and a chief executive officer may appoint a person as a graffiti removal officer only if the Minister or chief executive officer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.\ns 37 ins 2008 No. 42 s 6\namd 2024 No. 24 s 57 s ch 1 pt 2\n(sec.37-ssec.1) The Minister or the chief executive of a local government (each of whom is an appointing authority ) may appoint a person as a graffiti removal officer. a cleaning contractor or subcontractor\n(sec.37-ssec.2) However, the Minister and a chief executive officer may appoint a person as a graffiti removal officer only if the Minister or chief executive officer is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.","sortOrder":84},{"sectionNumber":"sec.38","sectionType":"section","heading":"Appointment conditions and limit on powers","content":"### sec.38 Appointment conditions and limit on powers\n\nA graffiti removal officer holds office on any conditions stated in—\nthe officer’s instrument of appointment; or\na signed notice given to the officer; or\na regulation.\nThe instrument of appointment, a signed notice given to the graffiti removal officer or a regulation may limit the graffiti removal officer’s powers under this Act.\nThe Minister may limit a graffiti removal officer’s powers to public places only.\nIn this section—\nsigned notice means a notice signed by the appointing authority who appointed the graffiti removal officer.\ns 38 ins 2008 No. 42 s 6\n(sec.38-ssec.1) A graffiti removal officer holds office on any conditions stated in— the officer’s instrument of appointment; or a signed notice given to the officer; or a regulation.\n(sec.38-ssec.2) The instrument of appointment, a signed notice given to the graffiti removal officer or a regulation may limit the graffiti removal officer’s powers under this Act. The Minister may limit a graffiti removal officer’s powers to public places only.\n(sec.38-ssec.3) In this section— signed notice means a notice signed by the appointing authority who appointed the graffiti removal officer.\n- (a) the officer’s instrument of appointment; or\n- (b) a signed notice given to the officer; or\n- (c) a regulation.","sortOrder":85},{"sectionNumber":"sec.39","sectionType":"section","heading":"Issue of identity card","content":"### sec.39 Issue of identity card\n\nThe appointing authority of a graffiti removal officer must issue an identity card to the officer.\nThe identity card must—\ncontain a recent photo of the graffiti removal officer; and\ncontain a copy of the graffiti removal officer’s signature; and\nidentify the person as a graffiti removal officer under this Act; and\nstate an expiry date for the card.\nThis section does not prevent the issue of a single identity card to a person for this Act and other purposes.\ns 39 ins 2008 No. 42 s 6\n(sec.39-ssec.1) The appointing authority of a graffiti removal officer must issue an identity card to the officer.\n(sec.39-ssec.2) The identity card must— contain a recent photo of the graffiti removal officer; and contain a copy of the graffiti removal officer’s signature; and identify the person as a graffiti removal officer under this Act; and state an expiry date for the card.\n(sec.39-ssec.3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes.\n- (a) contain a recent photo of the graffiti removal officer; and\n- (b) contain a copy of the graffiti removal officer’s signature; and\n- (c) identify the person as a graffiti removal officer under this Act; and\n- (d) state an expiry date for the card.","sortOrder":86},{"sectionNumber":"sec.40","sectionType":"section","heading":"Production or display of identity card","content":"### sec.40 Production or display of identity card\n\nIn exercising a power under this Act in relation to a person, a graffiti removal officer must—\nproduce the officer’s identity card for the person’s inspection before exercising the power; or\nhave the identity card displayed so it is clearly visible to the person when exercising the power.\nHowever, if it is not practicable to comply with subsection (1) , the graffiti removal officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\nFor subsection (1) , a graffiti removal officer does not exercise a power in relation to a person only because the officer has entered a place for giving an owner a graffiti removal notice.\ns 40 ins 2008 No. 42 s 6\n(sec.40-ssec.1) In exercising a power under this Act in relation to a person, a graffiti removal officer must— produce the officer’s identity card for the person’s inspection before exercising the power; or have the identity card displayed so it is clearly visible to the person when exercising the power.\n(sec.40-ssec.2) However, if it is not practicable to comply with subsection (1) , the graffiti removal officer must produce the identity card for the person’s inspection at the first reasonable opportunity.\n(sec.40-ssec.3) For subsection (1) , a graffiti removal officer does not exercise a power in relation to a person only because the officer has entered a place for giving an owner a graffiti removal notice.\n- (a) produce the officer’s identity card for the person’s inspection before exercising the power; or\n- (b) have the identity card displayed so it is clearly visible to the person when exercising the power.","sortOrder":87},{"sectionNumber":"sec.41","sectionType":"section","heading":"When graffiti removal officer ceases to hold office","content":"### sec.41 When graffiti removal officer ceases to hold office\n\nA graffiti removal officer ceases to hold office if any of the following happens—\nthe term of office stated in a condition of office ends;\nunder another condition of office, the graffiti removal officer ceases to hold office;\nthe graffiti removal officer’s resignation under section 42 takes effect.\nSubsection (1) does not limit the ways a graffiti removal officer may cease to hold office.\nIn this section—\ncondition of office means a condition on which the graffiti removal officer holds office.\ns 41 ins 2008 No. 42 s 6\n(sec.41-ssec.1) A graffiti removal officer ceases to hold office if any of the following happens— the term of office stated in a condition of office ends; under another condition of office, the graffiti removal officer ceases to hold office; the graffiti removal officer’s resignation under section 42 takes effect.\n(sec.41-ssec.2) Subsection (1) does not limit the ways a graffiti removal officer may cease to hold office.\n(sec.41-ssec.3) In this section— condition of office means a condition on which the graffiti removal officer holds office.\n- (a) the term of office stated in a condition of office ends;\n- (b) under another condition of office, the graffiti removal officer ceases to hold office;\n- (c) the graffiti removal officer’s resignation under section 42 takes effect.","sortOrder":88},{"sectionNumber":"sec.42","sectionType":"section","heading":"Resignation","content":"### sec.42 Resignation\n\nA graffiti removal officer may resign by signed notice given to the appointing authority of the officer.\ns 42 ins 2008 No. 42 s 6","sortOrder":89},{"sectionNumber":"sec.43","sectionType":"section","heading":"Return of identity card","content":"### sec.43 Return of identity card\n\nA person who ceases to be a graffiti removal officer must return the person’s identity card to the appointing authority of the officer within 7 days after ceasing to be a graffiti removal officer, unless the person has a reasonable excuse.\nMaximum penalty—10 penalty units.\ns 43 ins 2008 No. 42 s 6","sortOrder":90},{"sectionNumber":"sec.44","sectionType":"section","heading":"Approval of form","content":"### sec.44 Approval of form\n\nThe Minister may approve a form for use under section 30 (2) (the approved form ).\ns 44 ins 2008 No. 42 s 6","sortOrder":91},{"sectionNumber":"sec.45","sectionType":"section","heading":"Delegation by Minister","content":"### sec.45 Delegation by Minister\n\nThe Minister may delegate the Minister’s functions under this part to—\nthe chief executive of a department; or\nthe chief executive officer (however described) of a government owned corporation; or\nthe chief executive officer of a rail government entity.\nThe chief executive of a department may subdelegate the delegated functions to an appropriately qualified officer in the department.\nThe chief executive officer of a government owned corporation may subdelegate the delegated functions to an appropriately qualified employee in—\nthe government owned corporation; or\na subsidiary of the government owned corporation.\nThe chief executive officer of a rail government entity may subdelegate the delegated functions to an appropriately qualified employee of the rail government entity.\nIn this section—\nappropriately qualified , for an officer or employee to whom a function may be subdelegated, includes having the qualifications, experience or standing appropriate for the function.\nthe officer’s classification or level in the department\nfunctions includes powers.\nrail government entity see the Transport Infrastructure Act 1994 , schedule 6 .\ns 45 ins 2008 No. 42 s 6\namd 2013 No. 19 s 120 sch 1\n(sec.45-ssec.1) The Minister may delegate the Minister’s functions under this part to— the chief executive of a department; or the chief executive officer (however described) of a government owned corporation; or the chief executive officer of a rail government entity.\n(sec.45-ssec.2) The chief executive of a department may subdelegate the delegated functions to an appropriately qualified officer in the department.\n(sec.45-ssec.3) The chief executive officer of a government owned corporation may subdelegate the delegated functions to an appropriately qualified employee in— the government owned corporation; or a subsidiary of the government owned corporation.\n(sec.45-ssec.4) The chief executive officer of a rail government entity may subdelegate the delegated functions to an appropriately qualified employee of the rail government entity.\n(sec.45-ssec.5) In this section— appropriately qualified , for an officer or employee to whom a function may be subdelegated, includes having the qualifications, experience or standing appropriate for the function. the officer’s classification or level in the department functions includes powers. rail government entity see the Transport Infrastructure Act 1994 , schedule 6 .\n- (a) the chief executive of a department; or\n- (b) the chief executive officer (however described) of a government owned corporation; or\n- (c) the chief executive officer of a rail government entity.\n- (a) the government owned corporation; or\n- (b) a subsidiary of the government owned corporation.","sortOrder":92},{"sectionNumber":"pt.4","sectionType":"part","heading":"Procedural provisions","content":"# Procedural provisions","sortOrder":93},{"sectionNumber":"sec.46","sectionType":"section","heading":"Offences are simple offences","content":"### sec.46 Offences are simple offences\n\nAn offence against this Act is a simple offence.\nA proceeding for an offence against this Act is a summary proceeding under the Justices Act 1886 .\ns 46 (prev s 26) renum 2008 No. 42 s 5\n(sec.46-ssec.1) An offence against this Act is a simple offence.\n(sec.46-ssec.2) A proceeding for an offence against this Act is a summary proceeding under the Justices Act 1886 .","sortOrder":94},{"sectionNumber":"sec.47","sectionType":"section","heading":"Forfeiture of thing to which offence relates","content":"### sec.47 Forfeiture of thing to which offence relates\n\nIf a court finds a person guilty of an offence against section 15 , 16 , 17 , 19G , 19I , 19M , 23B or 23C , the court may order that the thing to which the offence relates be forfeited to the State.\nFor how something forfeited to the State may be disposed of, see the Police Powers and Responsibilities Act 2000 , chapter 21 (Administration), part 3 (Dealing with things in the possession of police service), division 7 (Dealing with forfeited things).\ns 47 (prev s 27) amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2007 No. 1 s 7 ; 2013 No. 31 s 73\nrenum 2008 No. 42 s 5\namd 2024 No. 1 s 10","sortOrder":95},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Forfeiture of thing used to record, store or transmit image of graffiti","content":"### sec.47A Forfeiture of thing used to record, store or transmit image of graffiti\n\nThis section applies if—\na person is convicted of an offence of possessing a graffiti instrument against section 17 ; and\nthe person was an adult at the time of the commission of the offence; and\nthe court is satisfied that a thing owned or possessed by the person was used to record, store or transmit an image of, or related to, the graffiti in relation to which the graffiti instrument was used, reasonably suspected of being used, or reasonably suspected of being about to be used.\na camera, mobile phone or computer\nWhen the court is imposing a sentence on the person for the offence, the court may order the thing be forfeited to the State.\nSubsection (2) applies whether the thing to be forfeited has been seized or is in its owner’s possession.\nThe court may also make any order that it considers appropriate to enforce the forfeiture.\nThis section does not limit the court’s powers under the Penalties and Sentences Act 1992 , the Criminal Proceeds Confiscation Act 2002 or another law.\nWhen forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.\ns 47A ins 2013 No. 31 s 74\n(sec.47A-ssec.1) This section applies if— a person is convicted of an offence of possessing a graffiti instrument against section 17 ; and the person was an adult at the time of the commission of the offence; and the court is satisfied that a thing owned or possessed by the person was used to record, store or transmit an image of, or related to, the graffiti in relation to which the graffiti instrument was used, reasonably suspected of being used, or reasonably suspected of being about to be used. a camera, mobile phone or computer\n(sec.47A-ssec.2) When the court is imposing a sentence on the person for the offence, the court may order the thing be forfeited to the State.\n(sec.47A-ssec.3) Subsection (2) applies whether the thing to be forfeited has been seized or is in its owner’s possession.\n(sec.47A-ssec.4) The court may also make any order that it considers appropriate to enforce the forfeiture.\n(sec.47A-ssec.5) This section does not limit the court’s powers under the Penalties and Sentences Act 1992 , the Criminal Proceeds Confiscation Act 2002 or another law.\n(sec.47A-ssec.6) When forfeited to the State, the thing becomes the State’s property and may be dealt with as directed by the chief executive.\n- (a) a person is convicted of an offence of possessing a graffiti instrument against section 17 ; and\n- (b) the person was an adult at the time of the commission of the offence; and\n- (c) the court is satisfied that a thing owned or possessed by the person was used to record, store or transmit an image of, or related to, the graffiti in relation to which the graffiti instrument was used, reasonably suspected of being used, or reasonably suspected of being about to be used. Example of a thing used to record, store or transmit an image— a camera, mobile phone or computer","sortOrder":96},{"sectionNumber":"sec.48","sectionType":"section","heading":"Evidentiary provision","content":"### sec.48 Evidentiary provision\n\nIn a proceeding, a statement in a charge of an offence that a place is a place to which a provision of this Act applies is evidence that the place is what it is claimed to be.\nIn a proceeding for an offence against section 16 , it is not necessary to prove that the police officer starting the proceeding knew anything had recently been stolen or unlawfully obtained, or that in fact anything had been stolen or unlawfully obtained, if the circumstances in which the property had been found gives rise to a reasonable suspicion that the property had been stolen or unlawfully obtained.\nSee the Police Powers and Responsibilities Act 2000 , section 634 for procedural safeguards a police officer must follow before charging a person with an offence against section 16 of this Act.\ns 48 (prev s 28) amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 ); 2006 No. 26 s 119 sch 2\nrenum 2008 No. 42 s 5\n(sec.48-ssec.1) In a proceeding, a statement in a charge of an offence that a place is a place to which a provision of this Act applies is evidence that the place is what it is claimed to be.\n(sec.48-ssec.2) In a proceeding for an offence against section 16 , it is not necessary to prove that the police officer starting the proceeding knew anything had recently been stolen or unlawfully obtained, or that in fact anything had been stolen or unlawfully obtained, if the circumstances in which the property had been found gives rise to a reasonable suspicion that the property had been stolen or unlawfully obtained. See the Police Powers and Responsibilities Act 2000 , section 634 for procedural safeguards a police officer must follow before charging a person with an offence against section 16 of this Act.","sortOrder":97},{"sectionNumber":"pt.5","sectionType":"part","heading":"General","content":"# General","sortOrder":98},{"sectionNumber":"sec.49","sectionType":"section","heading":"Regulation-making power","content":"### sec.49 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\nTo remove any doubt, it is declared that a regulation under section 19E , definition controlled item , paragraph (b) may prescribe a thing that is an exempt knife to be a controlled item.\ns 49 (prev s 28A) ins 2005 No. 64 s 34\nrenum 2008 No. 42 s 5\namd 2024 No. 1 s 11\n(sec.49-ssec.1) The Governor in Council may make regulations under this Act.\n(sec.49-ssec.2) To remove any doubt, it is declared that a regulation under section 19E , definition controlled item , paragraph (b) may prescribe a thing that is an exempt knife to be a controlled item.","sortOrder":99},{"sectionNumber":"pt.6","sectionType":"part","heading":"Repeal","content":"# Repeal","sortOrder":100},{"sectionNumber":"sec.50","sectionType":"section","heading":"Act repealed","content":"### sec.50 Act repealed\n\nThe Vagrants, Gaming and Other Offences Act 1931 22 Geo 5 No. 27 is repealed.\ns 50 (prev s 29) renum 2008 No. 42 s 5","sortOrder":101},{"sectionNumber":"pt.7","sectionType":"part","heading":null,"content":"","sortOrder":102},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 ins 2024 No. 1 s 11A\nexp 1 September 2024 (see s 52)","sortOrder":103},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 ins 2024 No. 1 s 11A\nexp 1 September 2024 (see s 52)","sortOrder":104}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":1426},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 2005 scope. Initially focused on public nuisance, trespass, and basic possession offences, it has grown to include: (1) protest-specific offences (unlawful assembly expanded 2020, dangerous attachment devices 2019); (2) agricultural and biosecurity protection (Section 13 substantially rewritten 2020); (3) anti-hooning measures with social media components (2023-2024); (4) extensive knife and controlled item sales regulation with employee liability schemes (2024); and (5) social media content regulation criminalising glorification of crime (2024). The graffiti removal scheme (2008) also added administrative powers not in the original Act."},"complexity_factors":["Multiple nested conditional structures (e.g., Section 10A unlawful assembly with 5 alternative risk categories, each with sub-conditions)","Extensive cross-referencing to other Acts (Criminal Code, Weapons Act 1990, Transport Operations Act, Biosecurity Act 2014, etc.)","Layered penalty structures with escalating penalties for repeat offences (e.g., Sections 10C, 19G, 23B)","Multiple definitions sections with 15+ defined terms, some incorporating definitions from other legislation","Complex consent and notice requirements for graffiti removal officers (Sections 28-30 with 5 subsections each)","Circumstances of aggravation that trigger higher penalties in multiple offences","Defence provisions requiring specific evidentiary burdens (e.g., Sections 19G, 19I, 23B)","Recent amendments (2019-2024) adding entirely new regulatory schemes (dangerous attachment devices, controlled items, hooning offences, social media publishing)"],"plain_english_summary":"This Queensland law creates a range of **summary offences** — less serious crimes dealt with in Magistrates Courts rather than higher courts.\n\n**What it covers:**\n\n**Public behaviour offences**\n- **Public nuisance** (Section 6): Prohibits disorderly, offensive, threatening or violent behaviour that interferes with others' peaceful use of public places. Higher penalties apply near licensed premises (pubs/clubs) or if the offender is wearing a prohibited item like gang colours.\n- **Urinating in public** (Section 7): Banned except in toilets, with police required to consider vulnerability and whether the person tried to avoid embarrassment before taking action.\n- **Wilful exposure** (Section 9): Prohibits deliberately exposing genitals in public, with much higher penalties if done to offend or embarrass someone.\n\n**Protest and assembly offences**\n- **Unlawful assembly** (Section 10A): Criminalises groups of 3+ people whose conduct causes reasonable fear of violence, or poses risks to safety, animal welfare, biosecurity, or disrupts businesses on certain lands. Originally focused on violence fears, expanded in 2020 to cover agricultural and business disruption.\n- **Dangerous attachment devices** (Sections 14A–14C): Bans devices like \"sleeping dragons,\" tripods and monopoles used to lock onto infrastructure or suspend protesters, especially where they endanger safety or disrupt transport or business.\n\n**Property and trespass offences**\n- **Trespass** (Section 11): Unlawfully entering or remaining in dwellings, yards, or business premises.\n- **Unlawful entry on agricultural land** (Section 13): Specific protections for farms, animal facilities, and food production sites — expanded significantly in 2020 from a narrower \"animal industry\" focus.\n- **High-risk activities** (Section 14): Bans BASE jumping, abseiling, and climbing on buildings without permission.\n\n**Possession offences**\n- **Implements for crime** (Section 15): Possessing tools for burglary, vehicle theft, or property damage.\n- **Suspected stolen property** (Section 16).\n- **Graffiti instruments** (Section 17): With mandatory community service or compensation orders possible.\n\n**Protecting minors**\n- **Body piercing** (Section 18): Bans piercing minors' genitals or nipples in business transactions — even with parental consent.\n- **Tattooing minors** (Section 19): Complete prohibition.\n- **Selling knives and controlled items to minors** (Sections 19E–19N, added 2024): Extensive regime requiring age verification, staff training, signage, secure storage, and prohibiting marketing that suggests violence or combat use. Employees face lower penalties than business owners.\n\n**Vehicle and \"hooning\" offences**\n- **Hooning-related conduct** (Sections 19A–19D, added 2023–2024): Bans participating in, spectating, promoting, or filming illegal street racing, burnouts, and associated gatherings. Also criminalises possessing equipment like false number plates or racing tyres for these activities.\n- **Endangering vehicles** (Section 26): Throwing objects, placing obstacles, or shining lasers at vehicles to endanger safety.\n- **Unlawful use of vehicles** (Section 25): Taking or using vehicles without consent.\n\n**Other offences**\n- **Preventing public meetings** (Section 20).\n- **False advertisements** about births, deaths, marriages or jobs (Section 21).\n- **Imposition/fraud** (Section 22): Deceptive conduct to obtain money or advantage.\n- **Selling harmful substances for inhalation** (Section 23): Glue, solvents, etc.\n- **Throwing objects at sporting events** (Section 24).\n- **Warning others about traffic enforcement sites** (Section 24A): Banning services that alert drivers to speed cameras or RBT locations.\n- **Interference with graves and memorials** (Section 26A).\n- **Publishing offending behaviour on social media** (Section 26B, added 2024): Criminalises posting material glorifying crimes involving vehicles, violence, property damage, or weapons.\n\n**Graffiti removal scheme (Part 3)**\nCreates a system where **graffiti removal officers** (appointed by State or local government) can enter property to remove visible graffiti, with notice requirements, liability protections, and compensation mechanisms for property owners.\n\n**Why it matters:**\nThis Act gives Queensland police broad powers to address anti-social behaviour, public disorder, and property crime without needing to prove more serious criminal charges. It has expanded considerably since 2005, particularly around protest activities (2019), agricultural protection (2020), hooning (2023), knife sales (2024), and social media glorification of crime (2024)."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based only on the text provided, the instrument sets out its objects and the specific offences and powers it creates; there is no material in the supplied text indicating a departure from the Act’s stated objects or an unintended change of scope. The Act replaces an earlier statute (sec 50) and adds regulatory/delegation mechanisms (secs 45, 49), but the provisions themselves articulate their scope and limits within the text supplied."},"complexity_factors":["Large number of distinct offences spanning public order, property, possession, sales and public-safety contexts (many sections across pt 2 and pt 3).","Frequent cross-references to other Acts and external definitions (Criminal Code, Liquor Act 1992, Biosecurity Act 2014, Transport Acts).","Multiple graduated penalties and aggravating circumstances that vary by context (eg licensed premises, repeat offences).","Discretionary standards and vague terms (\"reasonable excuse\", \"offensive\", \"reasonably suspected\", \"unreasonably interfere\") increasing interpretive complexity for enforcement and courts.","Administrative obligations on businesses and employers (training, written acknowledgements, signage, secure storage) combined with separate employee liability rules (secs 19H–19I, 23A–23C).","Operational powers and limits for graffiti removal officers (entry, notice, liability shifting, compensation) with procedural safeguards and delegation pathways (pts 3 and 4)."],"plain_english_summary":"Summary\n\nThis Act creates a range of \"simple\" criminal offences (summary proceedings) and administrative powers focused on: public order in public places; unlawful presence on property; possession and sale rules for certain items; protections for minors in body modification services; controls on dangerous devices used to obstruct infrastructure; restrictions tied to hooning (racing/burnouts); and powers for government-appointed officers to remove graffiti. (See, for example, secs 5, 6, 10A, 10C, 14B–14C, 19G–19M, 23A–23E, pt 3 (secs 27–45), and sec 46.)\n\nWhat the Act does, mechanically\n\n- Defines and criminalises specific behaviours in public places: public nuisance (disorderly, offensive, threatening or violent behaviour) with aggravated penalties in some settings (sec 6); urinating in public other than using a toilet (sec 7); wilful exposure of genitals in public or visible from public places (sec 9); and unlawful assembly for conduct that causes fear or risks to health, animals, biosecurity, food safety or business operations on certain land (sec 10A).\n\n- Introduces offences about wearing or carrying \"prohibited items\" visibly in public places (penalties escalate for repeat offences) and provides a limited defence for genuine artistic, educational, legal or law‑enforcement purposes (secs 10B–10D). The Act refers to the Liquor Act for the definition of \"prohibited item\" (sec 10C).\n\n- Creates property-related offences: trespass (dwellings and business yards) and unlawful presence on specified agricultural, animal‑husbandry, holding or food‑production land, with higher penalties and examples of what these land uses include (secs 11, 13).\n\n- Prohibits specified unregulated high‑risk activities (eg parachuting onto or climbing the exterior of buildings) unless the structure is designed for that use or specific exceptions apply, and allows courts to order rescuing costs (sec 14).\n\n- Defines \"attachment devices\" and various dangerous forms (sleeping dragon, monopole, tripod, dragon’s den) and makes it an offence to use such devices to unreasonably disrupt transport infrastructure or business operations, with higher penalties where transport infrastructure is affected (secs 14A–14C).\n\n- Creates possession offences targeting implements used for burglary, suspected stolen property, and graffiti instruments; and empowers courts to order community service or compensation in graffiti cases (secs 15–17).\n\n- Protects minors by prohibiting certain body piercing (nipples and external genitalia) as part of a business transaction and all tattooing of minors, with elevated penalties in some circumstances (secs 18–19).\n\n- Introduces offences related to hooning: participating, spectating without reasonable excuse, organising, promoting, photographing or publishing material for certain purposes, and possession of things used in hooning (secs 19A–19D).\n\n- Establishes a new regulated framework for commercial sale of knives and other \"controlled items\": definitions, sale prohibitions to minors with graduated penalties, employer obligations to instruct and obtain written acknowledgement from employees, required signage, secure storage for specified items, prohibitions on marketing features that suggest combat or glorify violence, and an offence for false representation of age (secs 19E–19N, and reg power sec 49).\n\n- Regulates sale of potentially harmful items and spray paint to minors, parallel employer instruction and signage obligations, with graduated penalties and defences based on reasonable age‑checking steps (secs 23, 23A–23E).\n\n- Grants powers to appointed graffiti removal officers to enter places (subject to notice and limits), remove public graffiti, and be indemnified from civil liability for acts done honestly without negligence; provides owner protections and compensation pathways, and forbids charging owners for removal by the State or local government absent agreement (pt 3, secs 27–36, 31–35, 33–34).\n\nWho pays, who decides and what changes behaviour\n\n- Who pays: offenders (fines or imprisonment) bear direct legal penalties; commercial sellers and employers incur compliance costs (training, signage, secure storage) under the sales provisions (secs 19H–19I, 19K–19L, 23A–23D); the State or local government typically bears the direct cost and legal liability of graffiti removal and related officer activities (secs 31–33), though the State/local government may recover from an owner in cases of gross negligence (sec 32(3)); courts may order defendants to pay rescue or compensation costs in some contexts (secs 14(3), 17(2), 34).\n\n- Who decides: police and courts exercise enforcement and adjudication (eg sec 6(4) permits police to start proceedings without a private complaint); Ministers and local government chief executives appoint graffiti removal officers and may delegate functions (secs 37, 45); commercial sellers and employers must set and apply store policies and employee instructions required by the Act (secs 19H, 23A).\n\n- Behaviour changes the law targets: reducing public nuisance and offending in public places; preventing visible carrying of specified prohibited items; reducing unlawful entry and disruption to agricultural and food sites; discouraging use of dangerous attachment devices to interrupt infrastructure; curbing sale of weapons and harmful products to minors; and enabling proactive removal of public graffiti by government agents. The Act creates both criminal deterrents (penalties, imprisonment) and administrative compliance tasks (signage, training, storage).\n\nCosts, incentives, trade‑offs and implementation risks (mechanisms)\n\n- Compliance burden on business: commercial sellers must implement training, obtain written acknowledgements and display prescribed signs (secs 19H, 19K, 23A, 23D). Secure storage obligations for some bladed items may require physical changes to retail premises (sec 19L).\n\n- Enforcement discretion and vagueness: multiple provisions rely on subjective standards — \"disorderly\", \"offensive\", \"likely to interfere\", \"reasonable excuse\", \"reasonably suspected\", and \"unreasonably interfere\" (secs 6(2), 7(3), 10A, 14C, 15(2), 16, 14B). Those terms create scope for official discretion by police, prosecutors and courts.\n\n- Concentrated compliance costs vs diffuse benefits: obligations and penalties fall heavily on particular groups — retailers, employers, and repeat offenders — while intended public benefits (reduced fear, reduced disruption) are spread across the public (secs 19B–19D, sec 10B).\n\n- Cross‑agency interaction and regulation dependence: the Act cross‑references multiple other laws for definitions and limits (Liquor Act 1992, Criminal Code, Biosecurity Act 2014, Transport Acts) and gives the Governor in Council regulation‑making power to prescribe or refine categories (secs 10C, 14C, 19E, 49). Effective implementation depends on coordination with those instruments.\n\n- Liability shifting and recovery: the State/local government assumes civil liability for graffiti officers acting honestly without negligence (sec 31), and may recover from owners only for gross negligence (sec 32(3)). This creates an incentive for governments to operate removal programs and sets a limited risk to property owners.\n\n- Procedural streamlining: the Act classifies offences as simple and summary (sec 46), which shapes the enforcement pathway and likely reduces the procedural cost of pursuing charges compared with indictable offences.\n\nOverall, the Act replaces or compiles many specific low‑level public order and consumer‑protection offences with defined penalties, prescribes operational powers for graffiti removal, imposes compliance obligations on sellers and employers, and delegates significant enforcement discretion to police, courts and appointing authorities (see the cited sections)."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown substantially beyond its original 2005 scope. What began as legislation focused on public nuisance, trespass, possession offences and minor-related offences has been significantly expanded through amendments to include: unlawful assembly targeting protests on agricultural and food production land (2008, 2020); gang-related clothing prohibitions referencing liquor venue rules (2016); dangerous protest attachment device offences targeting activist tactics (2019); hooning-associated offences covering spectators, organisers and equipment (2023); and a comprehensive new regime for the sale of knives and other bladed items including retailer compliance obligations (2024). The 2020 amendments to the unlawful assembly and trespass provisions were widely seen as specifically targeting animal rights and environmental protesters, expanding the law well beyond general public order maintenance."},"complexity_factors":["Wide scope covering many unrelated offence categories (public nuisance, trespass, protest devices, hooning, knife sales, body modification, false advertising) in a single Act","Extensive cross-referencing to other Queensland legislation including the Criminal Code, Liquor Act 1992, Police Powers and Responsibilities Act 2000, Weapons Act 1990, Biosecurity Act 2014, Industrial Relations Act 2016, Transport Infrastructure Act 1994, and others","Highly technical definitions for protest-related devices (sleeping dragon, dragon's den, monopole, tripod) with detailed physical descriptions","Tiered penalty structures requiring assessment of aggravating circumstances, prior offences, and specific factual scenarios","Multiple layers of defences, exceptions, and carve-outs (e.g., industrial officers, journalists, film productions, artistic/educational purposes)","Significant amendments over time (2008, 2014, 2016, 2019, 2020, 2023, 2024) creating an Act that has grown substantially from its original form","Unlawful assembly provisions contain complex multi-layered conditions with biosecurity, animal welfare, and business disruption sub-categories","Knife/controlled item sale provisions involve a layered employer-employee liability regime with distinct prosecution pathways and compliance obligations","Some provisions require understanding of defined terms scattered across a schedule dictionary and external Acts"],"plain_english_summary":"## Queensland's Summary Offences Act 2005 — What It Means For You\n\nThis is a Queensland law that covers a broad collection of everyday criminal offences — the kind that don't go before a jury but are still serious enough to result in fines or imprisonment. Think of it as a rulebook for public behaviour and community safety.\n\n### Who does it affect?\nPractically everyone in Queensland. Whether you're a member of the public, a business owner, a protester, a retailer, or a parent, at least one part of this law is relevant to you.\n\n### What does it actually prohibit?\n\n**In public places:**\n- **Public nuisance** — being disorderly, offensive, threatening or violent in a way that interferes with others enjoying public spaces. Using foul or abusive language counts. Penalties increase if it happens near licensed venues (pubs, clubs).\n- **Urinating in public** — outside a toilet. Police must consider your circumstances (health, disability) before taking action.\n- **Indecent exposure** — deliberately exposing your genitals in or near a public place. Penalties are much harsher if you do it to offend or embarrass someone.\n\n**Group behaviour:**\n- **Unlawful assembly** — if 3 or more people gather and their collective conduct would make a bystander fear violence, or if they unlawfully enter farming/food production land and create safety, biosecurity or business disruption risks, everyone in the group can be charged.\n- **Wearing gang-related clothing or symbols visibly in public** — items defined as \"prohibited\" under Queensland's liquor laws. Penalties escalate with repeat offending.\n\n**Trespass and property:**\n- Entering or staying in someone's home, yard or business without permission.\n- Two or more people unlawfully gathering in public or business buildings.\n- Trespassing on farms, abattoirs, zoos, food production facilities, stock routes, etc. — with specific rules about not leaving gates or fences open.\n- **Extreme sports without permission** — BASE jumping, abseiling, or climbing the outside of buildings you don't have permission to use for that. Courts can order you to pay rescue costs.\n\n**Dangerous protest devices (\"dangerous attachment devices\"):**\n- Devices designed to make it hard for police to safely remove a protester — like \"sleeping dragons\" (metal tubes protesters lock their arms into), \"dragon's dens\", monopoles and tripods — are banned if used to disrupt transport infrastructure or businesses. Up to 2 years imprisonment.\n\n**Possessing suspicious items:**\n- Carrying tools intended for break-ins, vehicle theft, or property damage.\n- Having items reasonably suspected to be stolen.\n- Carrying spray cans or other graffiti tools suspected of being used (or about to be used) for graffiti.\n\n**Protecting children (minors):**\n- **Body piercing** of a minor's genitals or nipples as part of a business is banned — even with parental consent.\n- **Tattooing minors** is banned.\n- **Selling knives, swords, axes, scythes, spear guns, and similar items (\"controlled items\") to minors** is banned. Business owners must train staff, display warning signs, and securely store dangerous blades. Sellers cannot market these items using violent imagery (e.g., blood, skulls, words like \"killer\").\n\n**Hooning (dangerous driving-related conduct):**\n- You can't participate in, spectate at (without a good reason), organise, promote, or film illegal street racing or burnout events. Journalists and people reporting to police are exempt from the spectating ban.\n- Possessing equipment used for hooning (e.g., racing tyres, fake number plates) is also an offence.\n\n**Other offences:**\n- Publishing false birth, death, marriage or employment notices — in print, on radio, TV, or online.\n- Conning someone out of money or benefits through false claims or deceptive appearances.\n- Selling glue, paint, solvents or similar substances if you know or reasonably believe the buyer intends to sniff or ingest them.\n- Driving motorbikes on public land in breach of local rules.\n- Preventing a public meeting from taking place.\n\n### Penalties at a glance\nPenalties range from small fines (2 penalty units ≈ $290 in Queensland) for minor urination offences, up to **2 years imprisonment** for using dangerous protest attachment devices on transport infrastructure, or continuing to participate in a violent unlawful assembly."}},"importantCases":[],"_links":{"self":"/api/acts/summary-offences-act-2005","history":"/api/acts/summary-offences-act-2005/history","analysis":"/api/acts/summary-offences-act-2005/analysis","conflicts":"/api/acts/summary-offences-act-2005/conflicts","importantCases":"/api/acts/summary-offences-act-2005/important-cases","documents":"/api/acts/summary-offences-act-2005/documents"}}