{"id":"qld:sl-2016-0124","name":"Summary Offences Regulation 2016","slug":"summary-offences-regulation-2016","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"124 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175100,"registerId":"qld-qld:sl-2016-0124-current","compilationNumber":null,"startDate":"2026-04-05","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 regulation may be cited as the Summary Offences Regulation 2016 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2016.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in the schedule defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"pt.2","sectionType":"part","heading":"Driving of motorbikes on public land","content":"# Driving of motorbikes on public land","sortOrder":4},{"sectionNumber":"sec.4","sectionType":"section","heading":"Unlawful driving of motorbike on public land","content":"### sec.4 Unlawful driving of motorbike on public land\n\nFor section 11A of the Act , a person must not drive a motorbike on public land unless—\nthe public land is an area of public land prescribed under this regulation ( motorbike control land ) and the person is in possession of a motorbike access authority authorising the motorbike to be driven on the public land; or\nthe person is a police officer performing the functions of a police officer; or\nthe person is an employee, contractor or volunteer of a government entity or a local government, performing the person’s functions as an employee, contractor or volunteer of the government entity or local government; or\nthe person is an employee or volunteer of a contractor of a government entity or a local government, performing the person’s functions as an employee or volunteer of the contractor; or\nthe person is acting under a lease, licence or authority, issued under an Act, that requires or authorises access to the public land.\nA person is in possession of a motorbike access authority for subsection (1) (a) if the motorbike access authority is—\nfor a motorbike access authority issued in the form of a written document—carried by the person; or\nfor a motorbike access authority issued in the form of a label capable of being attached to a motorbike—attached to the motorbike being driven by the person.\n(sec.4-ssec.1) For section 11A of the Act , a person must not drive a motorbike on public land unless— the public land is an area of public land prescribed under this regulation ( motorbike control land ) and the person is in possession of a motorbike access authority authorising the motorbike to be driven on the public land; or the person is a police officer performing the functions of a police officer; or the person is an employee, contractor or volunteer of a government entity or a local government, performing the person’s functions as an employee, contractor or volunteer of the government entity or local government; or the person is an employee or volunteer of a contractor of a government entity or a local government, performing the person’s functions as an employee or volunteer of the contractor; or the person is acting under a lease, licence or authority, issued under an Act, that requires or authorises access to the public land.\n(sec.4-ssec.2) A person is in possession of a motorbike access authority for subsection (1) (a) if the motorbike access authority is— for a motorbike access authority issued in the form of a written document—carried by the person; or for a motorbike access authority issued in the form of a label capable of being attached to a motorbike—attached to the motorbike being driven by the person.\n- (a) the public land is an area of public land prescribed under this regulation ( motorbike control land ) and the person is in possession of a motorbike access authority authorising the motorbike to be driven on the public land; or\n- (b) the person is a police officer performing the functions of a police officer; or\n- (c) the person is an employee, contractor or volunteer of a government entity or a local government, performing the person’s functions as an employee, contractor or volunteer of the government entity or local government; or\n- (d) the person is an employee or volunteer of a contractor of a government entity or a local government, performing the person’s functions as an employee or volunteer of the contractor; or\n- (e) the person is acting under a lease, licence or authority, issued under an Act, that requires or authorises access to the public land.\n- (a) for a motorbike access authority issued in the form of a written document—carried by the person; or\n- (b) for a motorbike access authority issued in the form of a label capable of being attached to a motorbike—attached to the motorbike being driven by the person.","sortOrder":5},{"sectionNumber":"sec.5","sectionType":"section","heading":"Application for motorbike access authority","content":"### sec.5 Application for motorbike access authority\n\nA person may apply to the responsible chief executive for an area of motorbike control land for an authority authorising a particular motorbike to be driven on the area of motorbike control land ( motorbike access authority ).\nThe chief executive must consider the application and decide—\nto issue the authority, with or without conditions decided by the chief executive; or\na condition that the authority ends if the area stops being motorbike control land\na condition that the holder not enter areas designated for rehabilitation by signs or markers\na condition that the holder access the area only on particular days or at particular times\nto refuse to issue the authority.\nIn making the decision, the chief executive must consider the following matters—\nwhether the applicant has given the chief executive sufficient information to decide the application;\nthe nature and extent of noise that may occur if the authority is issued;\nthe nature and extent of environmental damage that may occur if the authority is issued, and how the damage may be minimised;\nthe number of motorbike access authorities that have been issued for the area of motorbike control land;\nany other matters relevant to the use, control or management of the area of motorbike control land.\n(sec.5-ssec.1) A person may apply to the responsible chief executive for an area of motorbike control land for an authority authorising a particular motorbike to be driven on the area of motorbike control land ( motorbike access authority ).\n(sec.5-ssec.2) The chief executive must consider the application and decide— to issue the authority, with or without conditions decided by the chief executive; or a condition that the authority ends if the area stops being motorbike control land a condition that the holder not enter areas designated for rehabilitation by signs or markers a condition that the holder access the area only on particular days or at particular times to refuse to issue the authority.\n(sec.5-ssec.3) In making the decision, the chief executive must consider the following matters— whether the applicant has given the chief executive sufficient information to decide the application; the nature and extent of noise that may occur if the authority is issued; the nature and extent of environmental damage that may occur if the authority is issued, and how the damage may be minimised; the number of motorbike access authorities that have been issued for the area of motorbike control land; any other matters relevant to the use, control or management of the area of motorbike control land.\n- (a) to issue the authority, with or without conditions decided by the chief executive; or Examples of conditions for paragraph (a) — • a condition that the authority ends if the area stops being motorbike control land • a condition that the holder not enter areas designated for rehabilitation by signs or markers • a condition that the holder access the area only on particular days or at particular times\n- • a condition that the authority ends if the area stops being motorbike control land\n- • a condition that the holder not enter areas designated for rehabilitation by signs or markers\n- • a condition that the holder access the area only on particular days or at particular times\n- (b) to refuse to issue the authority.\n- • a condition that the authority ends if the area stops being motorbike control land\n- • a condition that the holder not enter areas designated for rehabilitation by signs or markers\n- • a condition that the holder access the area only on particular days or at particular times\n- (a) whether the applicant has given the chief executive sufficient information to decide the application;\n- (b) the nature and extent of noise that may occur if the authority is issued;\n- (c) the nature and extent of environmental damage that may occur if the authority is issued, and how the damage may be minimised;\n- (d) the number of motorbike access authorities that have been issued for the area of motorbike control land;\n- (e) any other matters relevant to the use, control or management of the area of motorbike control land.","sortOrder":6},{"sectionNumber":"sec.6","sectionType":"section","heading":"Reconsideration of application for motorbike access authority","content":"### sec.6 Reconsideration of application for motorbike access authority\n\nThis section applies if, under section 5 (2) , the responsible chief executive—\nrefuses to issue a motorbike access authority to a person; or\nimposes a condition on a motorbike access authority.\nThe responsible chief executive must give the person a written notice stating the reasons for refusing to issue the authority or imposing the condition.\nThe person may, within 14 days after being given the written notice, apply to the responsible chief executive for a reconsideration of the refusal to issue the authority or the imposition of the condition.\nIf the decision to refuse to issue the authority, or impose the condition, was made by a person ( original decision maker ) other than the responsible chief executive, the reconsideration must be conducted by someone else in a more senior office than the original decision maker.\nThe person conducting the reconsideration may consider any relevant materials and must make a fresh decision on the merits.\n(sec.6-ssec.1) This section applies if, under section 5 (2) , the responsible chief executive— refuses to issue a motorbike access authority to a person; or imposes a condition on a motorbike access authority.\n(sec.6-ssec.2) The responsible chief executive must give the person a written notice stating the reasons for refusing to issue the authority or imposing the condition.\n(sec.6-ssec.3) The person may, within 14 days after being given the written notice, apply to the responsible chief executive for a reconsideration of the refusal to issue the authority or the imposition of the condition.\n(sec.6-ssec.4) If the decision to refuse to issue the authority, or impose the condition, was made by a person ( original decision maker ) other than the responsible chief executive, the reconsideration must be conducted by someone else in a more senior office than the original decision maker.\n(sec.6-ssec.5) The person conducting the reconsideration may consider any relevant materials and must make a fresh decision on the merits.\n- (a) refuses to issue a motorbike access authority to a person; or\n- (b) imposes a condition on a motorbike access authority.","sortOrder":7},{"sectionNumber":"sec.7","sectionType":"section","heading":"Form of motorbike access authority","content":"### sec.7 Form of motorbike access authority\n\nA motorbike access authority must be in the form of—\na written document; or\na label capable of being attached to a motorbike.\nA motorbike access authority must state the following—\nthe term of the authority;\nthe motorbike control land for which it applies;\nin relation to the motorbike for which it applies—\nthe model of the motorbike; and\nthe engine, chassis or frame number of the motorbike; and\nif the motorbike has a registration number under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 or a corresponding law within the meaning of the Transport Operations (Road Use Management) Act 1995 —the registration number;\na unique identifying number;\nany conditions of the authority.\ns 7 amd 2021 SL No. 113 s 276\n(sec.7-ssec.1) A motorbike access authority must be in the form of— a written document; or a label capable of being attached to a motorbike.\n(sec.7-ssec.2) A motorbike access authority must state the following— the term of the authority; the motorbike control land for which it applies; in relation to the motorbike for which it applies— the model of the motorbike; and the engine, chassis or frame number of the motorbike; and if the motorbike has a registration number under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 or a corresponding law within the meaning of the Transport Operations (Road Use Management) Act 1995 —the registration number; a unique identifying number; any conditions of the authority.\n- (a) a written document; or\n- (b) a label capable of being attached to a motorbike.\n- (a) the term of the authority;\n- (b) the motorbike control land for which it applies;\n- (c) in relation to the motorbike for which it applies— (i) the model of the motorbike; and (ii) the engine, chassis or frame number of the motorbike; and (iii) if the motorbike has a registration number under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 or a corresponding law within the meaning of the Transport Operations (Road Use Management) Act 1995 —the registration number;\n- (i) the model of the motorbike; and\n- (ii) the engine, chassis or frame number of the motorbike; and\n- (iii) if the motorbike has a registration number under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 or a corresponding law within the meaning of the Transport Operations (Road Use Management) Act 1995 —the registration number;\n- (d) a unique identifying number;\n- (e) any conditions of the authority.\n- (i) the model of the motorbike; and\n- (ii) the engine, chassis or frame number of the motorbike; and\n- (iii) if the motorbike has a registration number under the Transport Operations (Road Use Management—Vehicle Registration) Regulation 2021 or a corresponding law within the meaning of the Transport Operations (Road Use Management) Act 1995 —the registration number;","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Application for land to be prescribed as motorbike control land","content":"### sec.8 Application for land to be prescribed as motorbike control land\n\nA responsible government entity for an area of public land may apply to the Minister for the area to be prescribed as motorbike control land for the purposes of section 11A of the Act .\nBefore the area, or a part of the area, is prescribed as motorbike control land, the Minister must ensure that the requirements of sections 9 to 11 have been complied with.\n(sec.8-ssec.1) A responsible government entity for an area of public land may apply to the Minister for the area to be prescribed as motorbike control land for the purposes of section 11A of the Act .\n(sec.8-ssec.2) Before the area, or a part of the area, is prescribed as motorbike control land, the Minister must ensure that the requirements of sections 9 to 11 have been complied with.","sortOrder":9},{"sectionNumber":"sec.9","sectionType":"section","heading":"Requirements of application","content":"### sec.9 Requirements of application\n\nAn application by a responsible government entity for an area of public land to be prescribed as motorbike control land must be—\nin the approved form; and\naccompanied by—\na plan clearly showing the location and boundaries of the area; and\nif the responsible government entity receives a submission about the application from an interested person—a copy of the submission, a summary of the submission and any comment the entity wishes to make about the submission.\nThe approved form must require the responsible government entity to state the following information—\nthe real property description of the area;\nhow the area is currently used;\nwhy the area should be prescribed as motorbike control land;\nwhen the area should be prescribed as motorbike control land;\nthe results of consultation conducted under section 10 (1) (a) ;\nwhether the entity has conducted any other consultation, and the nature and results of the consultation;\nthe nature and extent of noise that may occur if the area is prescribed as motorbike control land;\nthe nature and extent of environmental damage that may occur if the area is prescribed as motorbike control land, and how the environmental damage may be minimised;\nhow the area will be maintained;\nhow the area will be accessed;\nwhether there is anything in the area that may create a serious risk to the health or safety of a person in the area, and how the risk may be minimised.\n(sec.9-ssec.1) An application by a responsible government entity for an area of public land to be prescribed as motorbike control land must be— in the approved form; and accompanied by— a plan clearly showing the location and boundaries of the area; and if the responsible government entity receives a submission about the application from an interested person—a copy of the submission, a summary of the submission and any comment the entity wishes to make about the submission.\n(sec.9-ssec.2) The approved form must require the responsible government entity to state the following information— the real property description of the area; how the area is currently used; why the area should be prescribed as motorbike control land; when the area should be prescribed as motorbike control land; the results of consultation conducted under section 10 (1) (a) ; whether the entity has conducted any other consultation, and the nature and results of the consultation; the nature and extent of noise that may occur if the area is prescribed as motorbike control land; the nature and extent of environmental damage that may occur if the area is prescribed as motorbike control land, and how the environmental damage may be minimised; how the area will be maintained; how the area will be accessed; whether there is anything in the area that may create a serious risk to the health or safety of a person in the area, and how the risk may be minimised.\n- (a) in the approved form; and\n- (b) accompanied by— (i) a plan clearly showing the location and boundaries of the area; and (ii) if the responsible government entity receives a submission about the application from an interested person—a copy of the submission, a summary of the submission and any comment the entity wishes to make about the submission.\n- (i) a plan clearly showing the location and boundaries of the area; and\n- (ii) if the responsible government entity receives a submission about the application from an interested person—a copy of the submission, a summary of the submission and any comment the entity wishes to make about the submission.\n- (i) a plan clearly showing the location and boundaries of the area; and\n- (ii) if the responsible government entity receives a submission about the application from an interested person—a copy of the submission, a summary of the submission and any comment the entity wishes to make about the submission.\n- (a) the real property description of the area;\n- (b) how the area is currently used;\n- (c) why the area should be prescribed as motorbike control land;\n- (d) when the area should be prescribed as motorbike control land;\n- (e) the results of consultation conducted under section 10 (1) (a) ;\n- (f) whether the entity has conducted any other consultation, and the nature and results of the consultation;\n- (g) the nature and extent of noise that may occur if the area is prescribed as motorbike control land;\n- (h) the nature and extent of environmental damage that may occur if the area is prescribed as motorbike control land, and how the environmental damage may be minimised;\n- (i) how the area will be maintained;\n- (j) how the area will be accessed;\n- (k) whether there is anything in the area that may create a serious risk to the health or safety of a person in the area, and how the risk may be minimised.","sortOrder":10},{"sectionNumber":"sec.10","sectionType":"section","heading":"Consultation and notification","content":"### sec.10 Consultation and notification\n\nBefore an application is made under section 8 (1) , the responsible government entity must—\nconsult about the entity’s proposal for an area of public land to be prescribed as motorbike control land with—\nthe district officer of the police district for the area; and\nthe local government for the area; and\na person, or a representative of a person, who is living in or adjacent to, or carrying on business in or adjacent to, the area; and\npublish a notice of the entity’s intention to make the application.\nThe notice mentioned in subsection (1) (b) must comply with section 11 and be published on the entity’s website and in a newspaper circulating generally in the area or, if there is no newspaper circulating generally in the area, a newspaper circulating generally in the State.\nAlso, the entity must take other reasonably necessary steps to ensure persons who may reasonably be expected to be affected by the proposal are notified of the proposal in a way that gives them—\nthe information that must be included under section 11 in the notice; and\nan opportunity to make a written submission about the proposal within the period mentioned in section 11 (f) .\nnotifying people of the proposal by television advertisement\narranging for a letter box drop of leaflets about the proposal\nerecting a notice at or near the area about the proposal\n(sec.10-ssec.1) Before an application is made under section 8 (1) , the responsible government entity must— consult about the entity’s proposal for an area of public land to be prescribed as motorbike control land with— the district officer of the police district for the area; and the local government for the area; and a person, or a representative of a person, who is living in or adjacent to, or carrying on business in or adjacent to, the area; and publish a notice of the entity’s intention to make the application.\n(sec.10-ssec.2) The notice mentioned in subsection (1) (b) must comply with section 11 and be published on the entity’s website and in a newspaper circulating generally in the area or, if there is no newspaper circulating generally in the area, a newspaper circulating generally in the State.\n(sec.10-ssec.3) Also, the entity must take other reasonably necessary steps to ensure persons who may reasonably be expected to be affected by the proposal are notified of the proposal in a way that gives them— the information that must be included under section 11 in the notice; and an opportunity to make a written submission about the proposal within the period mentioned in section 11 (f) .\n- (a) consult about the entity’s proposal for an area of public land to be prescribed as motorbike control land with— (i) the district officer of the police district for the area; and (ii) the local government for the area; and (iii) a person, or a representative of a person, who is living in or adjacent to, or carrying on business in or adjacent to, the area; and\n- (i) the district officer of the police district for the area; and\n- (ii) the local government for the area; and\n- (iii) a person, or a representative of a person, who is living in or adjacent to, or carrying on business in or adjacent to, the area; and\n- (b) publish a notice of the entity’s intention to make the application.\n- (i) the district officer of the police district for the area; and\n- (ii) the local government for the area; and\n- (iii) a person, or a representative of a person, who is living in or adjacent to, or carrying on business in or adjacent to, the area; and\n- (a) the information that must be included under section 11 in the notice; and\n- (b) an opportunity to make a written submission about the proposal within the period mentioned in section 11 (f) .\n- • notifying people of the proposal by television advertisement\n- • arranging for a letter box drop of leaflets about the proposal\n- • erecting a notice at or near the area about the proposal","sortOrder":11},{"sectionNumber":"sec.11","sectionType":"section","heading":"Information to be included in notice","content":"### sec.11 Information to be included in notice\n\nThe notice of intention to apply to the Minister for an area of public land to be prescribed as motorbike control land must include the following—\na sketch or plan clearly showing the location and boundaries of the area;\na street address or description clearly identifying the area;\nwhen the area is proposed to be prescribed as motorbike control land;\nwhy the area should be prescribed as motorbike control land;\nthat interested persons may make a written submission to the responsible government entity about the proposal;\na day, at least 1 month after the first publication of the advertisement, by which a submission must be made;\nhow a submission may be made.\n- (a) a sketch or plan clearly showing the location and boundaries of the area;\n- (b) a street address or description clearly identifying the area;\n- (c) when the area is proposed to be prescribed as motorbike control land;\n- (d) why the area should be prescribed as motorbike control land;\n- (e) that interested persons may make a written submission to the responsible government entity about the proposal;\n- (f) a day, at least 1 month after the first publication of the advertisement, by which a submission must be made;\n- (g) how a submission may be made.","sortOrder":12},{"sectionNumber":"sec.12","sectionType":"section","heading":"Publication of information about motorbike control land","content":"### sec.12 Publication of information about motorbike control land\n\nThis section applies if a government entity makes an application to the Minister under section 8 in relation to an area of public land and the area, or part of the area, is prescribed as motorbike control land.\nAs soon as practicable after the area is prescribed as motorbike control land, the responsible government entity for the area must publish a notice in a newspaper circulating generally in the area or, if there is no newspaper circulating generally in the area, a newspaper circulating generally in the State, that includes the following information—\na sketch or plan clearly showing the location and boundaries of the area;\na street address or description clearly identifying the area;\nthat the area is prescribed as motorbike control land.\nFor the period the area is prescribed as motorbike control land, the responsible government entity must—\nallow the public, during business hours, to inspect a plan that clearly shows the location and boundaries of the area; and\ndisplay a sign, on or near each entrance to the area, that states the area is motorbike control land and clearly shows the boundaries of the area; and\npublish the information mentioned in subsection (2) on the responsible government entity’s website.\n(sec.12-ssec.1) This section applies if a government entity makes an application to the Minister under section 8 in relation to an area of public land and the area, or part of the area, is prescribed as motorbike control land.\n(sec.12-ssec.2) As soon as practicable after the area is prescribed as motorbike control land, the responsible government entity for the area must publish a notice in a newspaper circulating generally in the area or, if there is no newspaper circulating generally in the area, a newspaper circulating generally in the State, that includes the following information— a sketch or plan clearly showing the location and boundaries of the area; a street address or description clearly identifying the area; that the area is prescribed as motorbike control land.\n(sec.12-ssec.3) For the period the area is prescribed as motorbike control land, the responsible government entity must— allow the public, during business hours, to inspect a plan that clearly shows the location and boundaries of the area; and display a sign, on or near each entrance to the area, that states the area is motorbike control land and clearly shows the boundaries of the area; and publish the information mentioned in subsection (2) on the responsible government entity’s website.\n- (a) a sketch or plan clearly showing the location and boundaries of the area;\n- (b) a street address or description clearly identifying the area;\n- (c) that the area is prescribed as motorbike control land.\n- (a) allow the public, during business hours, to inspect a plan that clearly shows the location and boundaries of the area; and\n- (b) display a sign, on or near each entrance to the area, that states the area is motorbike control land and clearly shows the boundaries of the area; and\n- (c) publish the information mentioned in subsection (2) on the responsible government entity’s website.","sortOrder":13},{"sectionNumber":"sec.13","sectionType":"section","heading":"If area stops being motorbike control land","content":"### sec.13 If area stops being motorbike control land\n\nThe Minister may decide that, from a stated day, an area of land is no longer motorbike control land.\nIf a decision is made under subsection (1) , the responsible government entity for the area must give the holder of a motorbike access authority that applies to the area written notice of the decision as soon as practicable after the decision is made.\n(sec.13-ssec.1) The Minister may decide that, from a stated day, an area of land is no longer motorbike control land.\n(sec.13-ssec.2) If a decision is made under subsection (1) , the responsible government entity for the area must give the holder of a motorbike access authority that applies to the area written notice of the decision as soon as practicable after the decision is made.","sortOrder":14},{"sectionNumber":"sec.14","sectionType":"section","heading":"Government entity to conduct review","content":"### sec.14 Government entity to conduct review\n\nThis section applies if a government entity makes an application to the Minister under section 8 in relation to an area of public land and the area, or part of the area, is prescribed as motorbike control land.\nAt least once every 3 years after the area is prescribed, the responsible government entity for the area must conduct a review to decide whether the area should continue to be motorbike control land.\nWhen conducting the review, the government entity must consult—\nthe entities mentioned in section 10 (1) (a) ; and\neach person who holds a motorbike access authority for the area.\nAt the end of the review, the responsible government entity must give the Minister a report on the outcome of the review.\n(sec.14-ssec.1) This section applies if a government entity makes an application to the Minister under section 8 in relation to an area of public land and the area, or part of the area, is prescribed as motorbike control land.\n(sec.14-ssec.2) At least once every 3 years after the area is prescribed, the responsible government entity for the area must conduct a review to decide whether the area should continue to be motorbike control land.\n(sec.14-ssec.3) When conducting the review, the government entity must consult— the entities mentioned in section 10 (1) (a) ; and each person who holds a motorbike access authority for the area.\n(sec.14-ssec.4) At the end of the review, the responsible government entity must give the Minister a report on the outcome of the review.\n- (a) the entities mentioned in section 10 (1) (a) ; and\n- (b) each person who holds a motorbike access authority for the area.","sortOrder":15},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Sale of controlled items to minors","content":"# Sale of controlled items to minors","sortOrder":16},{"sectionNumber":"sec.14A","sectionType":"section","heading":"Requirements for prohibition sign— Act , s 19K","content":"### sec.14A Requirements for prohibition sign— Act , s 19K\n\nFor section 19K (4) of the Act , this section prescribes the requirements for a prohibition sign.\nThe sign must—\nbe at least 210mm x 148mm; and\ndisplay the following words in the following order in a way that can be easily read—\n‘The sale of knives and other controlled items to minors is prohibited.\nPenalties apply.\nAcceptable evidence of age may be required.’\nThe words required to be displayed under subsection (2) (b) must be—\nat least 8mm high; and\nin black on a white background.\ns 14A ins 2024 SL No. 184 s 4\n(sec.14A-ssec.1) For section 19K (4) of the Act , this section prescribes the requirements for a prohibition sign.\n(sec.14A-ssec.2) The sign must— be at least 210mm x 148mm; and display the following words in the following order in a way that can be easily read— ‘The sale of knives and other controlled items to minors is prohibited. Penalties apply. Acceptable evidence of age may be required.’\n(sec.14A-ssec.3) The words required to be displayed under subsection (2) (b) must be— at least 8mm high; and in black on a white background.\n- (a) be at least 210mm x 148mm; and\n- (b) display the following words in the following order in a way that can be easily read— ‘The sale of knives and other controlled items to minors is prohibited. Penalties apply. Acceptable evidence of age may be required.’\n- (a) at least 8mm high; and\n- (b) in black on a white background.","sortOrder":17},{"sectionNumber":"pt.3","sectionType":"part","heading":"Sale of spray paint to minors","content":"# Sale of spray paint to minors","sortOrder":18},{"sectionNumber":"sec.15","sectionType":"section","heading":"Display of prohibition sign","content":"### sec.15 Display of prohibition sign\n\nFor section 23D (1) of the Act , a prohibition sign must be displayed so the sign is clearly visible at the point of sale to a person purchasing spray paint.","sortOrder":19},{"sectionNumber":"sec.16","sectionType":"section","heading":"Prescribed requirements for prohibition sign","content":"### sec.16 Prescribed requirements for prohibition sign\n\nFor section 23D (2) of the Act , definition prohibition sign , the prescribed requirements for a sign about the supply of spray paint to minors are that the sign must—\nbe at least 210mm x 148mm; and\ndisplay only the following words in the following order in a way that can be easily read—\n‘The supply by sale of spray paint to minors is prohibited.\nPenalties apply.\nAcceptable evidence of age may be required.’\nThe words required to be displayed under subsection (1) (b) must be—\nat least 8mm high; and\nin black on a white background.\nSubsection (1) does not prevent the sign displaying a reference to the State, the department or the Act .\n(sec.16-ssec.1) For section 23D (2) of the Act , definition prohibition sign , the prescribed requirements for a sign about the supply of spray paint to minors are that the sign must— be at least 210mm x 148mm; and display only the following words in the following order in a way that can be easily read— ‘The supply by sale of spray paint to minors is prohibited. Penalties apply. Acceptable evidence of age may be required.’\n(sec.16-ssec.2) The words required to be displayed under subsection (1) (b) must be— at least 8mm high; and in black on a white background.\n(sec.16-ssec.3) Subsection (1) does not prevent the sign displaying a reference to the State, the department or the Act .\n- (a) be at least 210mm x 148mm; and\n- (b) display only the following words in the following order in a way that can be easily read— ‘The supply by sale of spray paint to minors is prohibited. Penalties apply. Acceptable evidence of age may be required.’\n- (a) at least 8mm high; and\n- (b) in black on a white background.","sortOrder":20},{"sectionNumber":"pt.4","sectionType":"part","heading":"Repeal provision","content":"# Repeal provision","sortOrder":21},{"sectionNumber":"sec.17","sectionType":"section","heading":"Repeal","content":"### sec.17 Repeal\n\nThe Summary Offences Regulation 2006 , SL No. 156 is repealed.","sortOrder":22}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The regulation was originally focused on motorbike access on public land and spray paint sales to minors. Its scope expanded with the 2024 addition of Part 2A (section 14A), which introduced requirements for prohibition signs relating to the sale of knives and other 'controlled items' to minors — a new category of regulated product not present in the original 2016 version. This reflects a broader legislative trend in Queensland to restrict minors' access to potentially dangerous items."},"complexity_factors":["Multiple unrelated subject areas combined into one regulation (motorbikes, knives, spray paint)","Multi-step administrative process for designating motorbike control land involving consultation, applications, Ministerial approval, and ongoing reviews","Layered exemptions to the motorbike prohibition requiring cross-referencing with other Acts (e.g., Transport Operations regulations)","Reconsideration/appeals mechanism with specific timeframes and procedural requirements for senior review","References to parent Act (Summary Offences Act) sections that must be read alongside this regulation to understand full legal effect","Ongoing obligations for government entities (3-year reviews, signage, public inspection of plans) creating continuing compliance duties","Technical specificity (sign dimensions, font height, colour requirements) requiring precise operational compliance"],"plain_english_summary":"## Summary Offences Regulation 2016 (Queensland)\n\nThis regulation covers three distinct areas of everyday law in Queensland:\n\n### 1. 🏍️ Riding Motorbikes on Public Land\nIf you want to ride a motorbike on public land (like a park or reserve), you **cannot just turn up and ride**. You must have a special permit called a **\"motorbike access authority\"** — essentially a permission slip — that specifically names your bike and the land you want to ride on.\n\n**Who doesn't need a permit?**\n- Police officers on duty\n- Government workers or their contractors doing their jobs\n- Anyone with a lease or legal licence already covering that land\n\n**How do you get a permit?**\nYou apply to the government agency (called the \"responsible chief executive\") that manages that piece of land. They weigh up noise, environmental impact, and how many permits are already out there. They can approve it with conditions (like only riding on certain days or staying out of rehabilitation zones), or knock it back. If refused or given unwanted conditions, you have **14 days** to ask for the decision to be reconsidered.\n\n**How does land get designated for motorbike use in the first place?**\nA government body must apply to the Minister, consult with police, local council, and nearby residents, publish a public notice, and wait at least a month for community submissions. Once approved, signs must be erected and the public must be kept informed. The designation is reviewed at least every **3 years**.\n\n---\n\n### 2. 🔪 Selling Knives and Controlled Items to Minors (under 18s)\nShops that sell knives or other \"controlled items\" (items regulated because they can cause harm) must display a **physical warning sign** that is:\n- At least A5 size (210mm x 148mm)\n- Stating: *\"The sale of knives and other controlled items to minors is prohibited. Penalties apply. Acceptable evidence of age may be required.\"*\n- In black text on a white background, with letters at least 8mm tall\n\n---\n\n### 3. 🎨 Selling Spray Paint to Minors (under 18s)\nSimilar to the above — businesses selling spray paint must display a visible sign at the point of sale (i.e., near the register or shelf) with the same size and format requirements, stating:\n*\"The supply by sale of spray paint to minors is prohibited. Penalties apply. Acceptable evidence of age may be required.\"*\n\n---\n\n### Who does this affect?\n- **Motorbike riders** wanting to ride on public land\n- **Retailers** selling spray paint, knives, or other controlled items\n- **Government agencies** managing public land\n- **Local communities** near proposed motorbike areas\n- **Young people** (minors) who may be refused these purchases"},"issue_detection":{"absurdities":[{"type":"impossible_compliance","section":"sec.4(1)(a)","severity":"high","reasoning":"The regulation creates a permission system (motorbike access authority) that only operates on 'motorbike control land prescribed under this regulation,' but the regulation itself never prescribes any such land. Applications can be made to the Minister (s.8), but the actual prescription mechanism (a schedule or additional regulation) is absent from the text. Citizens cannot lawfully access any land under s.4(1)(a) because there is no prescribed motorbike control land to access.","confidence":0.72,"description":"A person may only drive a motorbike on motorbike control land if they have a motorbike access authority. However, motorbike control land is land 'prescribed under this regulation' — yet the regulation contains no schedule or provision actually prescribing any specific area as motorbike control land. The entire permission framework is contingent on land being prescribed, but no land is ever prescribed, rendering the lawful pathway under s.4(1)(a) practically inoperative."},{"type":"impossible_compliance","section":"sec.6(3) and sec.6(4)","severity":"medium","reasoning":"The reconsideration mechanism only addresses the scenario where a delegate (not the responsible chief executive) made the original decision. When the responsible chief executive personally refuses or imposes a condition, s.6(4) is silent on who conducts the reconsideration and at what seniority. The applicant has a right under s.6(3) to seek reconsideration from 'the responsible chief executive,' which would require the same person to reconsider their own decision — undermining the purpose of reconsideration as an independent merits review.","confidence":0.78,"description":"Section 6(3) directs that a person may apply to 'the responsible chief executive' for reconsideration of a refusal or condition. Section 6(4) then states that if the original decision was made by someone other than the responsible chief executive, the reconsideration must be conducted by someone in a more senior office. However, s.5 vests the decision-making power in 'the chief executive,' suggesting the responsible chief executive is the primary decision-maker. If the responsible chief executive personally made the original decision, there is no mechanism or instruction for who conducts the reconsideration — a gap that leaves applicants with a nominal right of reconsideration but no designated reconsidering officer."},{"type":"other","section":"sec.14(3)(b)","severity":"low","reasoning":"The consultation requirement is framed as mandatory but is self-nullifying where no authorities exist. The broader consultation framework (referencing s.10(1)(a) entities) does provide some coverage, but the specific inclusion of authority holders as a mandatory consultee class creates an absurdity where the group most likely to be affected (would-be riders who were refused) is excluded.","confidence":0.55,"description":"When conducting the mandatory 3-yearly review of motorbike control land, the responsible government entity must consult 'each person who holds a motorbike access authority for the area.' If no motorbike access authorities have been issued (e.g., all were refused or the area has never had uptake), this consultation requirement is trivially satisfied by the absence of any authority holders, potentially allowing a review to be completed without any community input from actual users — defeating the purpose of the consultation."},{"type":"self_contradicting","section":"sec.16(1)(b) and sec.16(3)","severity":"low","reasoning":"The drafting uses 'only' as a term of exclusivity but then carves out additional permissible content in the very next subsection. While s.16(3) is clearly intended as a savings provision, the use of 'only' in s.16(1)(b) without qualification creates a textual self-contradiction. A person reading s.16(1)(b) in isolation would conclude no additional text is permitted; s.16(3) reverses this.","confidence":0.85,"description":"Section 16(1)(b) requires the spray paint prohibition sign to display 'only the following words,' yet s.16(3) then expressly permits the sign to also display 'a reference to the State, the department or the Act.' The word 'only' in s.16(1)(b) is directly contradicted by the express permission in s.16(3), creating an internal contradiction within the same section."},{"type":"other","section":"sec.9(1)(b)(ii)","severity":"low","reasoning":"The sequencing is logically coherent in intent (consult first, then apply with submissions included) but creates a practical gap: the entity must lodge one application document that is complete, yet submissions may arrive up to the deadline stated in the notice (s.11(f), at least 1 month after first publication). The regulation does not specify a lodgment window after the submission deadline closes, creating uncertainty about timing compliance.","confidence":0.5,"description":"Section 9(1)(b)(ii) requires the application to be accompanied by a copy of any submission received from an interested person. However, submissions are only solicited after the notice under s.10(1)(b) is published, and the notice is published before the application is made (s.10(1) states these steps occur 'before an application is made'). This creates a circular timing problem: the application must include submissions, but submissions are received during the pre-application consultation period, meaning the entity must hold the application open until all submissions are received — yet there is no mechanism specified for how long to wait after the submission deadline before lodging the application."}],"contradictions":[{"severity":"low","section_a":"sec.16(1)(b)","section_b":"sec.16(3)","confidence":0.88,"description":"Section 16(1)(b) requires the prohibition sign to display 'only' the prescribed words, while s.16(3) expressly permits the sign to additionally display a reference to the State, the department or the Act. The absolute exclusivity mandated by 'only' in s.16(1)(b) is directly contradicted by the permission granted in s.16(3)."},{"severity":"low","section_a":"sec.14A(2)(b)","section_b":"sec.16(1)(b)","confidence":0.7,"description":"Section 14A (controlled items prohibition sign) requires the sign to display the prescribed words in a way that can be 'easily read' but does not include the restriction 'only' — meaning additional words or content are implicitly permitted. Section 16(1)(b) (spray paint prohibition sign) uses the word 'only' to restrict the sign to the prescribed words (subject to s.16(3)). This creates an inconsistency between two parallel sign-prescription provisions in the same regulation, with no apparent policy justification for treating the two sign types differently in terms of permissible additional content."},{"severity":"medium","section_a":"sec.5(2)","section_b":"sec.6(1)","confidence":0.65,"description":"Section 5(2) states the chief executive must decide either to issue the authority (with or without conditions) or refuse it. Section 6(1) triggers reconsideration rights where the chief executive 'refuses to issue' or 'imposes a condition.' However, s.5(2) frames the imposition of conditions as part of the affirmative 'issue' decision, not a separate adverse decision. Treating a condition as a ground for reconsideration under s.6 (an adverse outcome) sits in tension with s.5(2)'s framing of conditions as a normal incident of issuing an authority, creating ambiguity about whether every condition triggers reconsideration rights."},{"severity":"medium","section_a":"sec.13(1)","section_b":"sec.14(2) and sec.14(4)","confidence":0.73,"description":"Section 13(1) gives the Minister a unilateral power to decide that an area is no longer motorbike control land from a stated day. Section 14 requires the responsible government entity to conduct a 3-yearly review and report to the Minister on whether the area should continue as motorbike control land. The regulation creates no requirement for the Minister to consider or wait for a review report before exercising the s.13(1) power, meaning the Minister can deprescribe land at any time without engaging the review process — rendering the mandatory review under s.14 potentially redundant and contradicting the governance structure the review process implies."}]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation has grown beyond its original motorbike focus. The 2024 amendment (section 14A) added Part 2A covering sale of knives and controlled items to minors, while the original 2016 regulation only covered motorbikes (Part 2) and spray paint (Part 3). This represents a significant expansion into retail regulation of weapons/controlled items, suggesting the regulation is being used as a vehicle for broader public safety measures beyond its initial land management and graffiti prevention purposes."},"complexity_factors":["Multiple nested exemption categories in section 4 (police, government employees, contractors, volunteers, leaseholders)","Cross-references to parent Act (Summary Offences Act) sections 11A, 19K, and 23D","Detailed procedural requirements for land designation including consultation, notification, and review cycles","Specific technical requirements for signage (exact dimensions, font sizes, colour schemes)","Amendment history tracking (2021 and 2024 amendments noted) showing evolving scope","Dictionary/schedule mechanism for definitions rather than inline definitions"],"plain_english_summary":"This regulation sets out rules for two main things: where motorbikes can be ridden on public land, and what signs shops must display when selling certain items to young people.\n\n**Motorbikes on public land**\nGenerally, you can't ride a motorbike on public land unless you have special permission. The regulation creates a system where:\n- Government entities can apply to have specific areas declared \"motorbike control land\" where riding is allowed with a permit\n- Riders need a \"motorbike access authority\" (a permit) to ride in these areas\n- Police, government workers, and people with leases or licences are exempt from needing a permit\n- Permits can be issued as documents you carry or labels attached to the bike\n- The chief executive can attach conditions to permits, such as restricting access to certain days or banning entry to rehabilitation areas\n- If your permit application is refused, you can ask for a reconsideration\n- Areas must be reviewed every 3 years to decide if they should stay open to motorbikes\n- There are detailed consultation requirements before land can be declared motorbike control land, including notifying neighbours, local councils, and police\n\n**Shop signs for controlled items**\nThe regulation specifies exactly what signs shops must display when selling:\n- **Spray paint** to minors (people under 18): Signs must be A5 size (210mm x 148mm) with specific wording in black text on white background, displayed at the point of sale\n- **Knives and other controlled items** to minors: Same sign requirements as spray paint, but with wording about knives and controlled items instead\n\n**Why it matters**\nThis regulation balances recreational motorbike riding with environmental protection and community safety. It ensures riders know where they can legally ride, land managers can control environmental damage, and shops clearly warn about age restrictions on potentially harmful products."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/summary-offences-regulation-2016","history":"/api/acts/summary-offences-regulation-2016/history","analysis":"/api/acts/summary-offences-regulation-2016/analysis","conflicts":"/api/acts/summary-offences-regulation-2016/conflicts","importantCases":"/api/acts/summary-offences-regulation-2016/important-cases","documents":"/api/acts/summary-offences-regulation-2016/documents"}}