This Act creates a suite of simple-summary offences and administrative powers targeting low‑level public‑order harms (nuisance, public exposure, unlawful presence, hooning), possession/sale of risky items, protections for minors in body‑modification and sales, controls on devices that disrupt infrastructure, and new powers for government graffiti‑removal officers.
It affects the general public, police and courts, retailers and employers (training, signage, storage), and State/local governments (graffiti removal costs and liability), aiming to deter disorder and harm while shifting compliance costs onto businesses and enforcement burdens onto authorities.
The Summary Offences Act 2005 (Qld) creates a comprehensive code of summary offences directed at conduct that undermines the safe, peaceful and orderly use of public places and certain private lands. Its primary function is to proscribe specific behaviours that fall short of indictable criminality yet warrant swift enforcement, primarily by police, through fines, short terms of imprisonment or alternative sanctions such as community service or forfeiture.
Part 2 is the substantive heart of the Act. Division 1 (ss 5–9) targets quality-of-community-use issues. Section 6(2) defines a public nuisance offence as behaviour that is disorderly, offensive, threatening or violent and that interferes, or is likely to interfere, with the peaceful passage through or enjoyment of a public place. Subsection (3) clarifies that offensive behaviour includes use of obscene, indecent or abusive language, while threatening behaviour includes threatening language. Aggravating circumstances under s 6(6) include commission within or near licensed premises or the circumstance in Criminal Code s 52B. Section 7 prohibits urinating in a public place other than a toilet, with a mandatory consideration of vulnerability or reasonable steps to avoid embarrassment before enforcement action (s 7(3)–(4)). Section 9 prohibits wilful genital exposure in or visible from a public place, again with an aggravating circumstance if done to offend or embarrass (s 9(3)).
Division 1A (s 10A) criminalises unlawful assembly where three or more persons gather for a common purpose and their collective conduct would cause reasonable fear of unlawful violence or, on land identified in s 13(1), poses risks to health, safety, animal welfare, biosecurity or business operations. The maximum penalty escalates to two years imprisonment if violence is used and the offender knows or ought reasonably to know of it (s 10A(1)). Industrial action is expressly preserved subject to the Industrial Relations Act 2016 (s 10A(2A)).
Current sections
Direct links to the current provisions in Summary Offences Act 2005.
105
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Summary Offences Act 2005 .
sec.2
Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
sec.4
Notes
sec.4 Notes
A note in the text of this Act is part of this Act.
pt.2
Offences
Offences
pt.2-div.1
Offences about quality of community use of public places
Offences about quality of community use of public places
sec.5
Object of div 1
sec.5 Object of div 1
This 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.
sec.6
Public nuisance
sec.6 Public nuisance
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.
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.
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.
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.
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.
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.
s 6 amd 2014 No. 42 s 124 ; 2023 No. 26 s 29
(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.
(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.
(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.
(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.
(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.
(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.
(a) if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or
(b) otherwise—10 penalty units or 6 months imprisonment.
(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
(i) a disorderly way; or
(ii) an offensive way; or
(iii) a threatening way; or
(iv) a violent way; and
(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.
(i) a disorderly way; or
(ii) an offensive way; or
(iii) a threatening way; or
(iv) a violent way; and
(a) a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and
(b) a person behaves in a threatening way if the person uses threatening language.
(a) within licensed premises, or in the vicinity of licensed premises;
(b) the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.
sec.7
Urinating in a public place
sec.7 Urinating in a public place
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.
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.
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.
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.
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.
s 7 sub 2008 No. 65 s 4
amd 2014 No. 42 s 125 ; 2023 No. 21 s 63
(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.
(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.
(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.
(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.
(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.
(a) if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or
(b) otherwise—2 penalty units.
(a) whether any vulnerability, or special health needs, of the person contributed to the person committing the offence;
(b) whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone.
(a) starting a proceeding for the offence; or
(b) serving an infringement notice for the offence.
sec.8
Section sec.8
s 8 om 2023 No. 21 s 64
sec.9
Wilful exposure
sec.9 Wilful exposure
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.
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.
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.
s 9 amd 2024 No. 24 s 57 s ch 1 pt 2
(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.
(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.
(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.
(a) 2 penalty units; or
(b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.
(a) 2 penalty units; or
(b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.
sec.10
Section sec.10
s 10 sub 2014 No. 42 s 126
om 2023 No. 21 s 65
pt.2-div.1A
Unlawful assembly offences
Unlawful assembly offences
sec.10A
Unlawful assembly
sec.10A Unlawful assembly
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.
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) .
Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 .
In this section—
unlawful assembly means an assembly of persons who commit the offence under subsection (1) .
s 10A ins 2008 No. 55 s 146
amd 2020 No. 3 s 132
(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.
(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) .
(sec.10A-ssec.2A) Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 .
(sec.10A-ssec.3) In this section— unlawful assembly means an assembly of persons who commit the offence under subsection (1) .
(a) 3 or more persons are present together for a common purpose; and
(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;
(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;
(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;
(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;
(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;
(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;
(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
(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
(b) otherwise—1 year’s imprisonment.
(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
(a) whether the original assembling was lawful or unlawful;
(b) what the common purpose is and whether it is lawful or unlawful;
(c) whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1) (b) (i) .
pt.2-div.1B
Offence about wearing or carrying particular clothing, jewellery or accessories in public places
Offence about wearing or carrying particular clothing, jewellery or accessories in public places
sec.10B
Objects of division
sec.10B Objects of division
The objects of this division are, as far as practicable—
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
to reduce the likelihood of public disorder or acts of violence in public places.
s 10B ins 2016 No. 62 s 398
(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
(b) to reduce the likelihood of public disorder or acts of violence in public places.
sec.10C
Wearing or carrying prohibited item in a public place
sec.10C Wearing or carrying prohibited item in a public place
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.
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.
In this section—
prohibited item see the Liquor Act 1992 , section 173EA .
s 10C ins 2016 No. 62 s 398
(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.
(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.
(sec.10C-ssec.3) In this section— prohibited item see the Liquor Act 1992 , section 173EA .
(a) for a first offence—40 penalty units or 6 months imprisonment; or
(b) for a second offence—60 penalty units or 9 months imprisonment; or
(c) for a third or later offence—100 penalty units or 12 months imprisonment.
(a) for a first offence—40 penalty units or 6 months imprisonment; or
(b) for a second offence—60 penalty units or 9 months imprisonment; or
(c) for a third or later offence—100 penalty units or 12 months imprisonment.
sec.10D
Defence for s 10C
sec.10D Defence for s 10C
For section 10C (1) and (2) , it is a defence for the person to prove—
the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal or law enforcement purpose; and
the person’s conduct was, in the circumstances, reasonable for that purpose.
s 10D ins 2016 No. 62 s 398
(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
(b) the person’s conduct was, in the circumstances, reasonable for that purpose.
sec.10E
Forfeiture of prohibited item to which offence relates
sec.10E Forfeiture of prohibited item to which offence relates
On 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.
Under 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.
s 10E ins 2016 No. 62 s 398
pt.2-div.2
Offences involving presence on property
Offences involving presence on property
sec.11
Trespass
sec.11 Trespass
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.
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.
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.
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.
s 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
(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.
(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.
(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.
(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.
(a) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or
(b) otherwise—20 penalty units or 1 year’s imprisonment.
(a) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment; or
(b) otherwise—20 penalty units or 1 year’s imprisonment.
sec.11A
Unlawful driving of motorbike on public land
sec.11A Unlawful driving of motorbike on public land
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.
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.
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.
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 .
s 11A ins 2005 No. 64 s 33
(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.
(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.
(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.
(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 .
sec.12
Persons unlawfully gathering in or on a building or structure
sec.12 Persons unlawfully gathering in or on a building or structure
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.
Subsection (1) (b) applies whether or not the persons lawfully entered the building, structure or land.
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.
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.
s 12 amd 2020 No. 23 s 60C
(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.
(sec.12-ssec.2) Subsection (1) (b) applies whether or not the persons lawfully entered the building, structure or land.
(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.
(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.
(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
(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
(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.
(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.
(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
(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.
sec.13
Unlawfully entering or remaining on particular land
sec.13 Unlawfully entering or remaining on particular land
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.
Subsection (1) applies whether or not the person lawfully entered the land.
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.
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.
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
(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.
(sec.13-ssec.2) Subsection (1) applies whether or not the person lawfully entered the land.
(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.
(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.
(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
(a) an agricultural activity; or
(b) an animal husbandry activity; or
(c) a holding facility; or
(d) a food production facility, including, for example, a facility that produces food for animal consumption; or
(e) the exhibition of animals. Examples for paragraph (e) — wildlife park or zoo
(a) an agricultural activity; or
(b) an animal husbandry activity; or
(c) a holding facility; or
(d) a food production facility, including, for example, a facility that produces pet food; or
(e) the exhibition of animals. Examples for paragraph (e) — wildlife park or zoo
(a) cultivating soil; and
(b) broadcasting seed to establish an improved pasture; and
(c) planting, gathering or harvesting a crop, including a food or fibre crop; and
(d) growing non-indigenous grasses, legumes or forage cultivars; and
(e) horticulture or viticulture activities.
(a) breeding, keeping, raising or caring for animals, for commercial purposes; and
(b) establishing or operating a dairy, feedlot, piggery or animal saleyard; and
(c) grazing animals; and
(d) aquaculture; and
(e) beekeeping; and
(f) poultry farming of more than 100 birds; and
(g) testing or inoculation of animals, including using diagnostic agents, serums and vaccines.
(a) a local government reserve or commonage;
(b) a pound;
(c) an animal refuge;
(d) a meat processing facility;
(e) a live export holding;
(f) a showground for animals;
(g) a sporting ground for animals;
(h) a stock route.
(a) a depot for the live export of animals; or
(b) an embarkation point for the export of live animals.
sec.14
Unregulated high-risk activities
sec.14 Unregulated high-risk activities
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.
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.
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.
(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.
(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.
(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.
(a) parachute or hang-glide onto a building or structure;
(b) BASE-jump or hang-glide from a building or structure;
(c) climb up or down the outside of a building or a structure;
(d) abseil from a building or structure.
(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
(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
(c) to climb up or down a building or structure for cleaning, maintaining or repairing the building or structure.
pt.2-div.2A
Offence involving use of dangerous attachment devices
Offence involving use of dangerous attachment devices
sec.14A
What is an attachment device
sec.14A What is an attachment device
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.
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.
In this section—
bike lock means a device manufactured and sold as a device for securing a bicycle while the device is locked.
s 14A ins 2019 No. 35 s 11
(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.
(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.
(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.
(a) glue;
(b) a bike lock;
(c) a padlock;
(d) a rope;
(e) a chain.
sec.14B
What is a dangerous attachment device
sec.14B What is a dangerous attachment device
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.
Also, a sleeping dragon, dragon’s den, monopole and tripod are each a dangerous attachment device .
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
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
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.
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.
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.
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.
s 14B ins 2019 No. 35 s 11
(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.
(sec.14B-ssec.2) Also, a sleeping dragon, dragon’s den, monopole and tripod are each a dangerous attachment device .
(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
(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
(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.
(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.
(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.
(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.
(a) reasonably appears to be constructed or modified to cause injury to a person who attempts to interfere with the device; or
(b) reasonably appears to be constructed or modified to cause injury to a person if another person interferes with the device; or
(c) incorporates a dangerous substance or thing.
(a) an anchor point for a person to hold or to which a person’s hand can be bound or locked; and
(b) a casing that shields the person’s hand, or the binding or lock, from being released by another person.
(a) incorporates 1 or more sleeping dragons or tubes large enough to pass a person’s hand through; and
(b) reinforces the casing of the sleeping dragon or tube by adding bulk and weight.
(a) it relies on a long pole and support riggings to suspend a person off the ground; and
(b) it reasonably appears to be set up to fall if another person interferes with the support riggings; and
(c) a fall of the device would cause injury to the person suspended from it.
(a) the legs of the device form a tripod large enough to be used to suspend a person off the ground; and
(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
(c) a collapse of the device would cause injury to the person suspended from it.
(a) persons using the device can release themselves from it; or
(b) the device would automatically deactivate or release itself after a period of time; or
(c) protective clothing or other shielding would prevent injury to any person.
(a) any thing likely to explode, when struck or compressed, causing injury to a person; or
(b) any thing likely to cut a person’s skin while a person is being extricated from the dangerous attachment device; or
(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
sec.14C
Use of dangerous attachment device to disrupt lawful activities
sec.14C Use of dangerous attachment device to disrupt lawful activities
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.
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.
However, subsection (2) does not apply to a monopole or tripod unless it incorporates a dangerous substance or thing.
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) .
s 14C ins 2019 No. 35 s 11
(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.
(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.
(sec.14C-ssec.3) However, subsection (2) does not apply to a monopole or tripod unless it incorporates a dangerous substance or thing.
(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) .
(a) stop a person from entering or leaving a place of business;
(b) cause a halt to the ordinary operation of plant or equipment because of concerns about the safety of any person.
pt.2-div.3
Possession offences
Possession offences
sec.15
Possession of implement in relation to particular offences
sec.15 Possession of implement in relation to particular offences
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.
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.
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 .
s 15 amd 2000 No. 5 s 810 sch 4 (amd 2006 No. 26 ss 84 , 86 )
(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.
(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.
(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 .
(a) for burglary of a dwelling; or
(b) for unlawfully entering a place; or
(c) for entering a vehicle with intent to commit an indictable offence; or
(d) to steal or unlawfully use a vehicle; or
(e) to unlawfully injure a person; or
(f) to unlawfully damage property.
(a) for burglary of a dwelling; or
(b) for unlawfully entering a place; or
(c) for entering a vehicle with intent to commit an indictable offence; or
(d) to steal or unlawfully use a vehicle; or
(e) to unlawfully injure a person; or
(f) to unlawfully damage property.
sec.16
Unlawful possession of suspected stolen property
sec.16 Unlawful possession of suspected stolen property
A person must not unlawfully possess a thing that is reasonably suspected of having been stolen or unlawfully obtained.
Maximum penalty—20 penalty units or 1 year’s imprisonment.
sec.17
Graffiti instrument
sec.17 Graffiti instrument
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.
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 .
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.
(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.
(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 .
(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.
(a) is reasonably suspected of having been used for graffiti; or
(b) is being used for graffiti; or
(c) is reasonably suspected of being about to be used for graffiti.
(a) to perform community service under the Penalties and Sentences Act 1992 , part 5 , division 2 including, for example, removing graffiti from property; or
(b) to pay compensation to any person under the Penalties and Sentences Act 1992 , part 3 , division 4 .
pt.2-div.4
Offences relating to minors
Offences relating to minors
sec.18
Particular body piercing of minor prohibited
sec.18 Particular body piercing of minor prohibited
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.
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.
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 .
s 18 amd 2008 No. 55 s 147 ; 2024 No. 24 s 54
(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.
(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.
(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 .
(a) the external genitalia of a minor; or
(b) the nipples of a minor.
(a) 40 penalty units or 6 months imprisonment; or
(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.
• a ring
• a bar
• a pin
• a stud
sec.19
Tattooing minor prohibited
sec.19 Tattooing minor prohibited
A person must not perform tattooing on a minor.
Maximum penalty—40 penalty units or 6 months imprisonment.
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.
(sec.19-ssec.1) A person must not perform tattooing on a minor. Maximum penalty—40 penalty units or 6 months imprisonment.
(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.
(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
(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.
(i) the process known as cosmetic tattooing; or
(ii) the process for applying semipermanent make-up.
(i) the process known as cosmetic tattooing; or
(ii) the process for applying semipermanent make-up.
pt.2-div.4A
Offences associated with hooning offences
Offences associated with hooning offences
sec.19A
Object of division
sec.19A Object of division
The object of this division is to discourage the commission of racing, burn out and other hooning offences by prohibiting—
conduct that promotes or encourages the commission of these offences; and
the possession of things being, to be or having been used to commit those offences.
s 19A ins 2023 No. 10 s 34
(a) conduct that promotes or encourages the commission of these offences; and
(b) the possession of things being, to be or having been used to commit those offences.
sec.19B
Meaning of racing, burn out or other hooning offence
sec.19B Meaning of racing, burn out or other hooning offence
A 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) .
s 19B ins 2023 No. 10 s 34
sec.19C
Unlawful conduct associated with commission of racing, burn out or other hooning offence
sec.19C Unlawful conduct associated with commission of racing, burn out or other hooning offence
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.
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.
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.
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.
s 19C ins 2023 No. 10 s 34
sub 2024 No. 45 s 91
(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.
(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.
(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.
(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.
(a) participate in a hooning group activity; or
(b) without reasonable excuse, spectate a hooning group activity; or
(c) organise, promote or encourage the doing of a thing mentioned in paragraph (a) or (b) by someone else; or
(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.
(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
(b) the racing, burn out or other hooning offence.
(a) the person is a journalist gathering information for the purpose of journalism; or
(b) the person is gathering information for the purpose of reporting the information to the police.
(a) means remain at the place where the activity is being carried on and watch the activity; and
(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.
sec.19D
Possession of things used in commission of racing, burn out or other hooning offence
sec.19D Possession of things used in commission of racing, burn out or other hooning offence
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
For subsection (1) , a reference to a thing does not include a motor vehicle.
s 19D ins 2023 No. 10 s 34
(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
(sec.19D-ssec.2) For subsection (1) , a reference to a thing does not include a motor vehicle.
• 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
pt.2-div.4B
Offences about selling knives and other controlled items
Offences about selling knives and other controlled items
sec.19E
Definitions for division
sec.19E Definitions for division
In this division—
commercial seller —
means a person who, in trade or commerce, sells controlled items to the public; but
does not include a person who sells controlled items to the public only as an employee.
controlled item —
means any of the following—
a knife other than an exempt knife;
a sword, machete or axe;
a sickle or scythe;
a spear gun;
a spear;
a restricted item under the Weapons Act 1990 , section 67 that is a replica of a firearm under that Act; and
includes a thing prescribed by regulation to be a controlled item; and
does not include a thing prescribed by regulation not to be a controlled item.
employee means a person who sells or may sell controlled items in the course of the person’s employment.
exempt knife means—
a plastic or wooden knife designed to be used for eating; or
a knife with a rounded or dull edge; or
a butter knife
a knife designed for use as a cheese knife.
spear means a thing designed for use as a spear.
a thing designed for spearing fish
sword see the Weapons Act 1990 , schedule 2 .
s 19E ins 2024 No. 1 s 6
(a) means a person who, in trade or commerce, sells controlled items to the public; but
(b) does not include a person who sells controlled items to the public only as an employee.
(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
(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
(b) includes a thing prescribed by regulation to be a controlled item; and
(c) does not include a thing prescribed by regulation not to be a controlled item.
(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
(a) a plastic or wooden knife designed to be used for eating; or
(b) a knife with a rounded or dull edge; or Example— a butter knife
(c) a knife designed for use as a cheese knife.
sec.19F
Meaning of sell for division
sec.19F Meaning of sell for division
This section applies for the application, to this division, of the definition sell in the dictionary.
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.
s 19F ins 2024 No. 1 s 6
(sec.19F-ssec.1) This section applies for the application, to this division, of the definition sell in the dictionary.
(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.
sec.19G
Sale of controlled items to minors
sec.19G Sale of controlled items to minors
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.
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 .
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.
s 19G ins 2024 No. 1 s 6
(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.
(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 .
(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.
(a) for a first offence—140 penalty units; or
(b) for a second offence—280 penalty units; or
(c) for a third or later offence—420 penalty units.
(a) the person, or an employee of the person, required the minor to produce acceptable evidence of age; and
(b) the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and
(c) the person or employee had no reason to believe the evidence was false.
sec.19H
Commercial sellers must instruct employees about sale of controlled items
sec.19H Commercial sellers must instruct employees about sale of controlled items
A commercial seller who is an employer must do the following in relation to each employee of the seller—
instruct the employee—
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
to sight acceptable evidence of age for a person before selling a controlled item to the person, unless satisfied the person is an adult;
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 ;
obtain written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .
Maximum penalty—40 penalty units.
s 19H ins 2024 No. 1 s 6
(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;
(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;
(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 ;
(c) obtain written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .
(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;
sec.19I
Sale by employees of controlled items to minors
sec.19I Sale by employees of controlled items to minors
This section applies to an employee if a commercial seller who is an employer has complied with section 19H in relation to the employee.
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.
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.
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.
s 19I ins 2024 No. 1 s 6
(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.
(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.
(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.
(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.
(a) for a first offence—20 penalty units; or
(b) for a second or later offence—40 penalty units.
(a) the employee, their employer or another employee of their employer required the minor to produce acceptable evidence of age; and
(b) the minor produced acceptable evidence of age, or purported acceptable evidence of age, showing the minor was not a minor; and
(c) the employee, employer or other employee had no reason to believe the evidence was false.
sec.19J
Application of Anti-Discrimination Act 1991, s 46
sec.19J Application of Anti-Discrimination Act 1991, s 46
For 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) .
s 19J ins 2024 No. 1 s 6
sec.19K
Commercial sellers must display prohibition signs
sec.19K Commercial sellers must display prohibition signs
A commercial seller must display prohibition signs at the seller’s retail outlet under this section.
Maximum penalty—20 penalty units.
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.
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.
Each prohibition sign must comply with the requirements prescribed by regulation.
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.
s 19K ins 2024 No. 1 s 6
(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.
(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.
(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.
(sec.19K-ssec.4) Each prohibition sign must comply with the requirements prescribed by regulation.
(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.
(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
(b) at each point of sale at the outlet, so the sign is clearly visible to a person purchasing a controlled item.
sec.19L
Commercial sellers must secure particular controlled items
sec.19L Commercial sellers must secure particular controlled items
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.
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.
In this section—
securely stored means—
stored in a locked room, cage, cabinet or container; or
securely tethered.
s 19L ins 2024 No. 1 s 6
(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.
(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.
(sec.19L-ssec.3) In this section— securely stored means— stored in a locked room, cage, cabinet or container; or securely tethered.
(a) a dagger that is a double-edged blade;
(b) a knife with a blade at each end;
(c) a sword, machete or axe;
(d) a sickle or scythe;
(e) a spear gun;
(f) a spear;
(g) a bladed item prescribed by regulation.
(a) stored in a locked room, cage, cabinet or container; or
(b) securely tethered.
sec.19M
Prohibited sales of controlled items
sec.19M Prohibited sales of controlled items
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.
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.
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
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.
An employee who sells a controlled item in the course of their employment can not be prosecuted under this section.
In this section—
sell includes advertise for sale.
s 19M ins 2024 No. 1 s 6
(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.
(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.
(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
(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.
(sec.19M-ssec.5) An employee who sells a controlled item in the course of their employment can not be prosecuted under this section.
(sec.19M-ssec.6) In this section— sell includes advertise for sale.
(a) sell a controlled item with features that contravene this section; or
(b) sell a controlled item in a way that contravenes this section.
(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
(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
(b) be likely to stimulate or encourage violent or criminal behaviour that involves using the item.
(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
(a) images, words or markings on the item, its packaging or an associated item; or
(b) images or words in an advertisement for the item.
• a depiction of blood or a skull
• the word ‘killer’ or ‘slayer’
sec.19N
False representation of age
sec.19N False representation of age
A person must not falsely represent themself to have attained 18 years for the purpose of being sold a controlled item.
Maximum penalty—25 penalty units.
s 19N ins 2024 No. 1 s 6
pt.2-div.5
Other offences
Other offences
sec.20
Preventing public meetings
sec.20 Preventing public meetings
A person must not intentionally prevent or attempt to prevent the holding of a public meeting.
Maximum penalty—10 penalty units or 6 months imprisonment.
making a noise to prevent a public meeting starting or continuing
blocking a door to prevent persons lawfully entering a place where a public meeting is to be held
1 making a noise to prevent a public meeting starting or continuing
2 blocking a door to prevent persons lawfully entering a place where a public meeting is to be held
sec.21
False advertisements etc., about births, deaths, marriages or employment
sec.21 False advertisements etc., about births, deaths, marriages or employment
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.
In this section—
publish includes cause to be published.
(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.
(sec.21-ssec.2) In this section— publish includes cause to be published.
(a) a child has been born who has not been born;
(b) a person who is still living has died;
(c) a funeral for a person who is still living is to happen or has happened;
(d) a particular couple who have not become engaged are engaged;
(e) a particular couple who do not intend to marry have married or are to marry;
(f) employment that is not available is available.
sec.22
Imposition
sec.22 Imposition
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.
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.
In this section—
advantage includes benefit.
(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.
(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.
(sec.22-ssec.3) In this section— advantage includes benefit.
(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
(b) by dress, apparel or otherwise, fraudulently seeks to obtain money or an advantage from the other person.
sec.23
Sale of potentially harmful things
sec.23 Sale of potentially harmful things
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.
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) .
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.
s 23 amd 2007 No. 1 s 4 ; 2024 No. 1 s 7
(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.
(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) .
(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.
(a) intends to inhale or ingest the thing; or
(b) intends to sell the thing to another person for inhalation or ingestion whether by that person or someone else.
(a) for a first offence—25 penalty units or 3 months imprisonment; or
(b) for a second or later offence—50 penalty units or 1 year’s imprisonment.
(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
• glue
• paint
• a solvent
(b) includes methylated spirits; and
(c) does not include a thing intended by its manufacturer to be inhaled or ingested by a person using it.
• glue
• paint
• a solvent
sec.23A
Seller must take prevention measures in relation to spray paint
sec.23A Seller must take prevention measures in relation to spray paint
This section applies in relation to selling spray paint.
A seller who is an employer must take prevention measures in relation to each employee of the seller.
Maximum penalty—40 penalty units.
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) .
s 23A ins 2007 No. 1 s 5
amd 2024 No. 1 s 8
(sec.23A-ssec.1) This section applies in relation to selling spray paint.
(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.
(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) .
(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
(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
(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
(c) obtains written acknowledgement by the employee that the employee received the instructions and warning mentioned in paragraphs (a) and (b) .
(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
sec.23B
Sale of spray paint to minors
sec.23B Sale of spray paint to minors
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.
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.
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.
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) .
s 23B ins 2007 No. 1 s 5
amd 2020 No. 21 s 27 ; 2024 No. 1 s 9
(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.
(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.
(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.
(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) .
(a) for a first offence—140 penalty units; or
(b) for a second offence—280 penalty units; or
(c) for a third or later offence—420 penalty units.
(a) that the seller, or an employee of the seller, required a person to produce acceptable evidence of age; and
(b) the person produced acceptable evidence of age, or purported acceptable evidence of age, showing the person was not a minor; and
(c) the seller or employee had no reason to believe the evidence was false.
sec.23C
When employee of seller liable
sec.23C When employee of seller liable
This section applies if a seller has, in relation to an employee of the seller, taken the prevention measures mentioned in section 23A (3) .
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.
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.
s 23C ins 2007 No. 1 s 5
(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) .
(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.
(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.
(a) for a first offence—20 penalty units; or
(b) for a second or later offence—40 penalty units.
sec.23D
Seller of spray paint must display prohibition sign
sec.23D Seller of spray paint must display prohibition sign
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.
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.
s 23D ins 2007 No. 1 s 5
(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.
(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.
sec.23E
Provision about definition of sell for ss 23A – 23D
sec.23E Provision about definition of sell for ss 23A – 23D
This section applies for the application of the definition sell in the dictionary to sections 23A to 23D .
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.
s 23E ins 2007 No. 1 s 5
(sec.23E-ssec.1) This section applies for the application of the definition sell in the dictionary to sections 23A to 23D .
(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.
sec.24
Throwing things at a sporting event
sec.24 Throwing things at a sporting event
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.
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.
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
(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.
(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.
(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
(a) injure a person; or
(b) damage property; or
(c) disrupt the event.
sec.24A
Unlawful SMS messages etc.
sec.24A Unlawful SMS messages etc.
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.
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.
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.
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
s 24A ins 2007 No. 1 s 6
amd 2013 No. 26 s 105 sch 1
(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.
(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.
(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.
(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
(a) an internet message;
(b) an SMS message;
(c) another type of message that may be heard, read or otherwise viewed by a person using a mobile phone.
• the site of a speed camera
• a random breath test site
• a vehicle safety check site
sec.25
Use of vehicles
sec.25 Use of vehicles
A person must not—
unlawfully enter or use a vehicle without the consent of the person in lawful possession of the vehicle; or
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.
Maximum penalty—20 penalty units or 1 year’s imprisonment.
s 25 amd 2008 No. 55 s 148
(a) unlawfully enter or use a vehicle without the consent of the person in lawful possession of the vehicle; or
(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.
sec.25A
Advertising a reward for the return of stolen property etc.
sec.25A Advertising a reward for the return of stolen property etc.
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.
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.
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.
s 25A ins 2008 No. 55 s 149
(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.
(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.
(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.
(a) unlawfully offer a reward for the return of stolen or lost property; or
(b) unlawfully print or publish an offer of a reward for the return of stolen or lost property.
(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
(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.
(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
(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.
sec.26
Endangering the safe use of a vehicle by throwing an object or by a similar activity
sec.26 Endangering the safe use of a vehicle by throwing an object or by a similar activity
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.
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.
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.
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 .
s 26 ins 2009 No. 12 s 17
(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.
(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.
(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.
(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 .
(a) throw an object at a vehicle that is in the course of travelling; or
(b) place an object in or near to the path a vehicle is using or may use in the course of travelling; or
(c) direct a beam of light from a laser at or near a vehicle that is in the course of travelling;
(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 );
(b) whether contact is made with a vehicle;
(c) without limiting paragraph (a) , whether a particular vehicle is involved;
(d) in relation to a requirement that a vehicle be in the course of travelling—whether the vehicle is moving or stationary;
(e) whether a vehicle is in the sight of the offender or present when the initial act is done.
sec.26A
Interference with graves etc.
sec.26A Interference with graves etc.
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.
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.
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.
s 26A ins 2011 No. 7 s 30
(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.
(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.
(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.
(a) a grave, vault, niche or memorial in a cemetery or at a crematorium; or
(b) a war memorial; or
(c) a thing fixed at a place of religious worship.
(a) with lawful authority or in the reasonable belief that the person was acting with lawful authority; or
(b) with any other reasonable excuse.
(a) destroy, damage, move or mark it; and
(b) otherwise deal with it in a way that is likely to cause offence to a reasonable person.
(a) the owner of the thing interfered with;
(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.
(a) a headstone;
(b) an inscribed plaque or commemorative plate;
(c) a monumental, ornamental or other structure;
(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.
(i) to mark the site where human remains have been buried or placed; or
(ii) to commemorate a deceased person.
(i) to mark the site where human remains have been buried or placed; or
(ii) to commemorate a deceased person.
sec.26B
Publishing material about particular offending behaviour
sec.26B Publishing material about particular offending behaviour
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.
Subsection (1) does not apply to publication of material by a journalist in the course of their activities as a journalist.
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.
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.
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) .
s 26B ins 2024 No. 45 s 7
(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.
(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.
(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.
(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.
(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) .
(a) the material depicts conduct that constitutes a prescribed offence; and
(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.
(i) glorifying the conduct; or
(ii) increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.
(i) glorifying the conduct; or
(ii) increasing the person’s reputation, or another person’s reputation, because of their involvement in the conduct.
(a) an offence against subsection (1) relating to the publication of material depicting conduct that constitutes a relevant Code or weapons offence; and
(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.
(a) an offence involving driving or operating a vehicle;
(b) an offence involving violence or a threat of violence;
(c) an offence involving taking, damaging, destroying, removing, using, interfering with or entering property;
(d) an offence involving a weapon.
(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
(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
(b) an offence against the Weapons Act 1990 , section 51 (1) .
(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
pt.3
Removal of public graffiti
Removal of public graffiti
pt.3-div.1
Interpretation
Interpretation
sec.27
Definitions for pt 3
sec.27 Definitions for pt 3
In this part—
appointing authority see section 37 (1) .
approved form see section 44 .
consent does not include consent that has been revoked or withdrawn.
graffiti removal notice see section 30 (2) .
graffiti removal officer means a person appointed as a graffiti removal officer under section 37 (1) .
helper see section 29 (10) .
local graffiti removal officer means a person appointed as a graffiti removal officer by the chief executive of a local government.
owner , in relation to a place, includes each of the following—
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;
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;
a person who is the occupier of the place or who has the care, control or management of the place.
public graffiti means—
graffiti in a public place; or
graffiti in another place but only to the extent the graffiti can readily be seen from a public place.
remove , in relation to public graffiti, includes the following—
conceal;
cover;
attempt to remove.
painting over graffiti
State graffiti removal officer means a person appointed as a graffiti removal officer by the Minister.
s 27 ins 2008 No. 42 s 6
(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;
(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;
(c) a person who is the occupier of the place or who has the care, control or management of the place.
(a) graffiti in a public place; or
(b) graffiti in another place but only to the extent the graffiti can readily be seen from a public place.
(a) conceal;
(b) cover;
(c) attempt to remove.
pt.3-div.2
Graffiti removal power
Graffiti removal power
sec.28
Graffiti removal power
sec.28 Graffiti removal power
A graffiti removal officer may remove public graffiti from any place.
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.
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.
This section applies subject to the limitations imposed under this division on the powers of a graffiti removal officer to enter the place.
s 28 ins 2008 No. 42 s 6
(sec.28-ssec.1) A graffiti removal officer may remove public graffiti from any place.
(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.
(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.
(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.
sec.29
Powers of entry
sec.29 Powers of entry
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.
For contacting the owner of a dwelling, a graffiti removal officer may enter land around the dwelling.
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.
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.
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
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.
A graffiti removal officer may only enter a place to the extent reasonably necessary to perform the officer’s duties.
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.
The power to enter includes the power to enter on more than 1 occasion.
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.
Subsections (9) and (10) are subject to the requirements for consent mentioned in subsection (4) .
A vehicle and equipment may not be taken onto a place that is not constructed to safely accommodate their movement or presence.
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.
s 29 ins 2008 No. 42 s 6
(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.
(sec.29-ssec.2) For contacting the owner of a dwelling, a graffiti removal officer may enter land around the dwelling.
(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.
(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.
(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
(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.
(sec.29-ssec.7) A graffiti removal officer may only enter a place to the extent reasonably necessary to perform the officer’s duties.
(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.
(sec.29-ssec.9) The power to enter includes the power to enter on more than 1 occasion.
(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.
(sec.29-ssec.11) Subsections (9) and (10) are subject to the requirements for consent mentioned in subsection (4) .
(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.
(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.
(a) a public place; or
(b) vacant land; or
(c) land around premises other than a dwelling.
(a) a public place; or
(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) .
(c) with the consent of an owner of a dwelling—a dwelling or land around a dwelling.
(a) the graffiti removal officer and any persons helping the officer, are in a public place; and
(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
(i) leaning or reaching over into the place;
(ii) working on property that creates a border along the public place; and
(c) the entry happens at a reasonable time having regard to all the circumstances.
(i) leaning or reaching over into the place;
(ii) working on property that creates a border along the public place; and
(a) land fenced in a way that ordinarily restricts access when the land is not open to the public; or
(b) land otherwise ordinarily enclosed to restrict access.
sec.30
Notice about removal
sec.30 Notice about removal
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.
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 ).
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.
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.
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.
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.
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) .
s 30 ins 2008 No. 42 s 6
(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.
(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 ).
(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.
(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.
(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.
(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.
(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) .
(a) the place is not used for a dwelling; and
(b) the owner of the place is not the State or a local government.
(a) if the owner of the place consents to the removal of the public graffiti when contacted by the officer; or
(b) when consent of the owner is unnecessary because of section 29 (5) .
sec.31
Protection of graffiti removal officers and helpers from civil liability
sec.31 Protection of graffiti removal officers and helpers from civil liability
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.
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.
s 31 ins 2008 No. 42 s 6
(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.
(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.
(a) if the officer is a State graffiti removal officer—the State; or
(b) if the officer is a local graffiti removal officer—the local government that appointed the officer.
sec.32
Protection of owners of a place for entry of graffiti removal officers and others
sec.32 Protection of owners of a place for entry of graffiti removal officers and others
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.
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.
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) .
s 32 ins 2008 No. 42 s 6
amd 2024 No. 24 s 57 s ch 1 pt 2
(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.
(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.
(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) .
(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
(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.
(a) if the deceased or injured person was or is a State graffiti removal officer or a helper of the officer—the State; or
(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.
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Summary Offences Act 2005 .
sec.2 Commencement
sec.2 Commencement
This Act commences on a day to be fixed by proclamation.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 2 defines particular words used in this Act.
sec.4 Notes
sec.4 Notes
A note in the text of this Act is part of this Act.
pt.2 Offences
Offences
pt.2-div.1 Offences about quality of community use of public places
Offences about quality of community use of public places
sec.5 Object of div 1
sec.5 Object of div 1
This 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.
sec.6 Public nuisance
sec.6 Public nuisance
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.
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.
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.
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.
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.
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.
s 6 amd 2014 No. 42 s 124 ; 2023 No. 26 s 29
(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.
(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.
(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.
(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.
(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.
(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.
Division 1B (ss 10B–10E) addresses prohibited items, defined by cross-reference to Liquor Act 1992 s 173EA. Section 10C prohibits wearing or carrying a visible prohibited item in a public place or vehicle, with escalating penalties for repeat offences. A defence exists for genuine artistic, educational, legal or law enforcement purposes where the conduct is reasonable (s 10D). Conviction triggers automatic forfeiture of the item to the State (s 10E).
Division 2 (ss 11–14) concerns presence on property. Section 11 prohibits unlawful entry to or remaining in dwellings, yards or business premises, with aggravation under Criminal Code s 52B. Section 11A regulates motorbike access to public land under regulation or local law. Section 12 targets groups of two or more unlawfully gathering in or on public or business buildings or land. Section 13 specifically protects agricultural, animal husbandry, holding, food production and exhibition land, including prohibitions on leaving gates open. Section 14 bans unregulated high-risk activities such as BASE-jumping or abseiling from buildings, with a power for the court to order rescue costs.
Division 2A (ss 14A–14C) defines and prohibits dangerous attachment devices used to disrupt lawful activities. Sections 14A and 14B provide exhaustive definitions of attachment devices and dangerous variants (sleeping dragon, dragon’s den, monopole, tripod), including “to remove any doubt” clauses that negate self-release or protective clothing as defences. Section 14C creates offences for using such devices to interfere with transport infrastructure (50 penalty units or 2 years) or to block business access or halt plant/equipment (20 penalty units or 1 year), subject to reasonable excuse.
Division 3 (ss 15–17) deals with possession. Section 15 prohibits possession of implements for burglary, unlawful entry, vehicle crime or damage. Section 16 prohibits possession of reasonably suspected stolen property. Section 17 prohibits possession of graffiti instruments, with court powers to order community service removing graffiti or compensation (s 17(2)).
Division 4 (ss 18–19) protects minors. Section 18 prohibits business body piercing of a minor’s genitalia or nipples (higher penalty if the minor has impaired decision-making capacity). Section 19 prohibits tattooing minors, defining the term broadly to include semi-permanent cosmetic processes.
Division 4A (ss 19A–19D), inserted in 2023, targets hooning. Section 19C prohibits participation in, spectating (without reasonable excuse), organising or filming hooning group activities linked to Police Powers and Responsibilities Act 2000 s 69A(1) type 1 vehicle offences. Section 19D prohibits possession of things (other than the vehicle itself) used, to be used or having been used in such offences.
Division 4B (ss 19E–19N), inserted in 2024, regulates sales of controlled items (knives, swords, machetes, axes, spears, replica firearms and prescribed items). Commercial sellers must instruct and warn employees (s 19H), display prohibition signs (s 19K), securely store certain bladed items (s 19L) and avoid sales that suggest combat or violent use (s 19M). Employees who receive proper instruction face lower penalties for sales to minors (s 19I). Defences based on acceptable evidence of age are provided (ss 19G(3), 19I(3)).
Division 5 contains miscellaneous offences: preventing public meetings (s 20), false advertisements about births, deaths, marriages or employment (s 21), imposition by false representations (s 22), sale of potentially harmful substances for inhalation (s 23), spray-paint sale controls (ss 23A–23E), throwing objects at sporting events (s 24), unlawful traffic-enforcement-site warning services (s 24A), unlawful use of vehicles (s 25), advertising rewards for stolen property without questions asked (s 25A), endangering vehicles by throwing objects or lasers (s 26), interference with graves or war memorials (s 26A) and publishing material glorifying prescribed offences on social media (s 26B).
Part 3 authorises graffiti removal officers (appointed under s 37) to remove visible public graffiti (s 28), subject to notice requirements for non-dwelling, non-government land (s 30), entry limitations (s 29) and protections from civil liability (ss 31–32). Part 4 contains procedural provisions: all offences are simple offences triable summarily (s 46), forfeiture powers (ss 47, 47A), evidentiary aids (s 48) and regulation-making authority (s 49).
The Act therefore operates as both a deterrent and an enforcement toolkit, balancing public order with defined safeguards, defences and procedural fairness mechanisms.
Who it affects
The Act primarily affects members of the public whose behaviour occurs in or is visible from public places, as well as owners and occupiers of land that may be trespassed upon or marked with graffiti. Police officers are the main enforcers; they are given explicit powers to commence proceedings without a complainant (s 6(4)), to consider vulnerability before acting on urination offences (s 7(3)), and to seize items under the Police Powers and Responsibilities Act 2000 (cross-referenced in ss 10E, 15(4), 47).
Commercial entities are heavily regulated. Sellers of controlled items, spray paint or potentially harmful substances (ss 19E, 23, 23A–23E) must implement training, signage, secure storage and age-verification systems. Employees of such businesses face personal liability only after their employer has discharged the s 19H or s 23A prevention-measures obligations. Tattooists and body-piercers are prohibited from performing certain procedures on minors (ss 18–19).
Protesters and activists are directly affected by the unlawful assembly (s 10A), dangerous attachment device (ss 14A–14C) and social-media-glorification (s 26B) provisions. Farmers, animal husbandry operators, food producers and exhibition operators receive specific protection from trespass and gate-opening offences (s 13). Motor vehicle owners and drivers are subject to the hooning-related offences (ss 19C–19D) and the vehicle-endangerment offence (s 26).
Graffiti removal officers (both State and local government appointees under s 37) and their helpers exercise statutory entry and removal powers (ss 28–30) and enjoy statutory immunity (ss 31–32). Property owners receive protection from civil liability for injuries to officers (s 32) and cannot be charged for removal work (s 33), though they may claim compensation for loss beyond mere graffiti removal (s 34).
Minors are protected persons; the Act expressly removes consent as a defence to intimate piercing (s 18(2)) and prohibits tattooing outright (s 19). Journalists receive a reasonable-excuse carve-out for spectating hooning activities (s 19C(3)(a)). Finally, the general public benefits as intended beneficiaries of the objects stated in ss 5, 10B and 19A: reduced fear, intimidation, public disorder and graffiti.
Key duties and rights
Duties fall on individuals, businesses and appointees. Every person has a duty not to commit public nuisance (s 6(1)), urinate in public (s 7(1)), wilfully expose genitals (s 9(1)–(2)), participate in unlawful assembly (s 10A(1)), wear prohibited items (s 10C), trespass (s 11), drive motorbikes unlawfully on public land (s 11A), gather unlawfully in buildings (s 12), enter protected rural land (s 13), perform high-risk activities (s 14), use dangerous attachment devices to disrupt transport or business (s 14C), possess implements or suspected stolen property or graffiti instruments (ss 15–17), pierce or tattoo minors (ss 18–19), promote hooning (s 19C), possess hooning items (s 19D), sell controlled items to minors or in prohibited ways (ss 19G, 19I, 19M), sell harmful substances for inhalation (s 23), sell spray paint to minors (s 23B), throw objects at sporting events (s 24), provide traffic-enforcement warnings (s 24A), unlawfully use vehicles (s 25), advertise no-questions rewards (s 25A), endanger vehicles (s 26), interfere with graves (s 26A) or publish glorifying material (s 26B).
Commercial sellers owe positive duties: to instruct and warn employees and obtain written acknowledgements (ss 19H, 23A), display prohibition signs (ss 19K, 23D), securely store specified blades (s 19L), and avoid combat-suggestive marketing (s 19M). Graffiti removal officers must give notices where required (s 30), leave property in an acceptable state (s 28(2)–(3)), produce identity cards (s 40), and avoid unnecessary damage (s 35).
Rights and defences are expressly conferred. Reasonable excuse is a defence to wilful exposure (s 9), motorbike offences (s 11A), dangerous attachment device use (s 14C), and obstruction of graffiti officers (s 36). Artistic/educational defences apply to prohibited items (s 10D). Age-verification defences protect sellers and employees who sight acceptable evidence of age (ss 19G(3), 19I(3), 23B(3)). Industrial officers retain entry rights (ss 11(3), 12(4), 13(4)). Owners may object to graffiti removal within 14 days (s 30(5)) and claim compensation for loss beyond graffiti removal itself (s 34). Journalists and persons reporting to police have reasonable excuse to spectate hooning (s 19C(3)). The Act expressly preserves Anti-Discrimination Act 1991 s 46 rights for refusals to sell (ss 19J, 23(2), 23B(4)).
Vulnerable persons receive procedural rights: police must consider vulnerability and attempts to avoid embarrassment before enforcing urination offences (s 7(3)–(4)). The Act contains “to remove any doubt” clauses that clarify non-application of certain defences to dangerous attachment devices (s 14B(7)).
Penalties and enforcement
Penalties are calibrated by seriousness and repetition. Public nuisance carries 10 penalty units or 6 months (25/6 months aggravated) (s 6(1)). Urination is 2 or 4 penalty units (s 7(1)). Wilful exposure is 2 penalty units or, if aggravated, 40 penalty units or 1 year (s 9). Unlawful assembly is 1 year or 2 years if violence continues with knowledge (s 10A(1)). Prohibited items attract 40/60/100 penalty units or 6/9/12 months according to repeat offending (s 10C). Trespass is 20/40 penalty units or 1 year (s 11). Rural trespass is 20 penalty units or 12 months; leaving gates open is 10/6 months (s 13). High-risk activities are 20 penalty units or 1 year plus possible rescue costs (s 14). Dangerous attachment device offences are 20–50 penalty units or 1–2 years (s 14C). Possession offences are generally 20 penalty units or 1 year (ss 15–17). Minor-related offences reach 40–80 penalty units or 6–12 months (ss 18–19). Hooning offences are 40 penalty units or 1 year (ss 19C–19D). Controlled-item sales attract 140/280/420 penalty units for commercial sellers and 20/40 for instructed employees (ss 19G, 19I). Spray-paint and harmful-substance offences mirror this tiered structure (ss 23, 23B, 23C). Social-media glorification is 2 years (s 26B). Most other offences are 10–25 penalty units or 6–12 months.
Enforcement is summary (s 46). Police may seize items (cross-referenced in s 10E and Police Powers and Responsibilities Act 2000 ss 29, 31) and courts may order forfeiture (ss 47, 47A), community service or compensation (s 17(2)). Graffiti removal is civil in nature but backed by obstruction offence (s 36: 40 penalty units) and identity-card requirements (ss 39–40). Procedural safeguards appear in s 634 of the Police Powers and Responsibilities Act 2000 for several offences (ss 11, 15, 16, 48).
How it interacts with other laws
The Act is expressly subordinate in several respects. Section 10A(2A) provides that the unlawful assembly provision on business land “applies subject to” the Industrial Relations Act 2016. Sections 11(3), 12(4) and 13(4) preserve authorised industrial officers’ entry rights. Anti-Discrimination Act 1991 s 46 is engaged to deem refusals to sell controlled items or harmful substances non-discriminatory (ss 19J, 23(2), 23B(4)).
Heavy reliance is placed on the Criminal Code: s 52B aggravation for licensed premises or violence (ss 6(6), 11(4)), definitions of genitalia and impairment of the mind (s 18(3)), and vehicle definition (s 26(4)). The Police Powers and Responsibilities Act 2000 supplies seizure powers (ss 10E, 29, 31), procedural safeguards before charging (ss 11, 15, 16, 48), and the definition of hooning offences (s 19B). The Liquor Act 1992 supplies the prohibited-item definition (s 10C(3)). Biosecurity Act 2014 supplies the biosecurity-risk concept (s 10A(1)(b)(ii)(C)). Transport Infrastructure Act 1994 schedule 6 defines transport infrastructure (s 14C(4)) and rail government entities (s 45(5)). The Penalties and Sentences Act 1992 governs community service and compensation orders (s 17(2)).
The Act repeals the Vagrants, Gaming and Other Offences Act 1931 (s 50) and declares that regulations may reclassify exempt knives as controlled items (s 49(2)). Forfeiture interacts with the Criminal Proceeds Confiscation Act 2002 (s 47A(5)). Evidentiary presumptions in s 48 and the graffiti-removal liability shield (ss 31–32) modify general tort and evidence principles.
Recent changes and why
The provided text records successive expansions. The 2008 amendments (No 55 s 146, No 65 s 4) introduced unlawful assembly (s 10A) and revised urination enforcement to protect vulnerable persons (s 7). The 2014 amendments (No 42) added licensed-premises aggravation to public nuisance and trespass (ss 6, 11), substituted the wilful exposure provision (s 10, later omitted) and updated prohibited-item rules. The 2016 amendment (No 62 s 398) inserted the entire Division 1B on prohibited items to reduce public disorder linked to outlaw motorcycle gangs.
The 2019 insertion of Division 2A (No 35 s 11) responded to protest tactics by defining dangerous attachment devices with granular examples and creating disruption offences (ss 14A–14C). The 2020 amendments (No 3 s 133, No 23 ss 60B–60D) expanded s 13 rural-trespass protections to food-production facilities and exhibition animals, reflecting agricultural biosecurity and animal-welfare concerns. The 2023 changes (No 10 s 34, No 21 s 63, No 26 s 29) introduced the hooning division (ss 19A–19D), removed obsolete s 8 and s 10, and adjusted public-nuisance and urination penalties.
The 2024 amendments (No 1 ss 6–11, No 24 ss 54, 57, No 45 ss 7, 91) are the most extensive: they created the controlled-items regime (ss 19E–19N) to curb youth access to weapons, updated tattooing and piercing offences, inserted social-media glorification (s 26B), refined spray-paint rules, added forfeiture for graffiti-recording devices (s 47A), and adjusted identity-card and delegation provisions. These changes reflect evolving policy priorities—youth knife crime, protest safety, road safety, graffiti, and online glorification of offending—while preserving industrial and anti-discrimination balances.
Court challenges and controversies
The Act itself does not record specific judicial decisions; however, its text reveals legislative awareness of potential controversy. The “to remove any doubt” clauses in ss 14B(7) and 10A(2) indicate drafters anticipated arguments that self-release capability or industrial rights might negate liability. The mandatory consideration of vulnerability before urination enforcement (s 7(3)–(4)) and the defence of reasonable steps to avoid embarrassment address criticisms of over-criminalisation of homelessness or disability. The express preservation of journalist reasonable excuse in s 19C(3) and the Anti-Discrimination Act 1991 carve-outs (ss 19J, 23(2), 23B(4)) respond to free-speech and equality concerns.
Controversial scope expansions—particularly dangerous attachment devices (2019) and social-media glorification (2024)—contain detailed definitional safeguards and journalist exemptions, suggesting legislative anticipation of constitutional or human-rights arguments around protest and expression. The graffiti-removal regime (Part 3) carefully limits entry to dwellings, requires notices, and shifts civil liability to the State or local government (ss 31–32), mitigating trespass and property-rights objections. Forfeiture of devices used to record graffiti (s 47A) is confined to adult offenders and requires court satisfaction as to use, reflecting concerns about proportionality. Overall the statute is drafted to withstand challenge by embedding objects clauses (ss 5, 10B, 19A), defences, and cross-references that preserve industrial rights and anti-discrimination norms.
Gotchas
Most practitioners miss that s 7(3) imposes a mandatory pre-enforcement duty on police to consider vulnerability and reasonable avoidance steps; failure to do so can render infringement notices or prosecutions vulnerable to challenge even though the section does not expressly create a defence. The “likely to interfere” limb of public nuisance (s 6(2)(b)) does not require actual complaint (s 6(4)), allowing proactive policing that can surprise defendants who believe no one was disturbed. Unlawful assembly (s 10A(1)(b)(ii)) captures conduct on s 13(1) land that poses a biosecurity risk or disrupts business equipment even without fear of violence; the example of interfering with production machinery is often overlooked.
The dangerous attachment device definitions (s 14B) are deliberately technology-neutral and include “to remove any doubt” provisions that eliminate self-release, timing or protective-clothing arguments; many protest lawyers initially assume these devices are lawful until they encounter the exhaustive list. Section 19M’s prohibition on marketing that “suggests” suitability for combat or violence extends to packaging imagery and sheaths; the “lawful use” carve-out in s 19M(4) is narrow and does not cover fictional violent depictions. Hooning spectator liability (s 19C(1)(b)) contains a journalist defence, but only for gathering or reporting to police; passive social-media viewing is not covered.
Graffiti removal officers need not give notice if the owner consents on contact or if removal occurs from a public place with minimal intrusion (s 30(7), s 29(5)); property owners frequently discover painted walls only after the fact and then learn they cannot charge the State (s 33). Forfeiture under s 47A for devices that recorded graffiti images applies on adult conviction for s 17 and requires only reasonable suspicion of the graffiti instrument’s connection; digital phones are routinely caught. Finally, the tiered penalty structure for repeat sales of controlled items (s 19G) counts prior employee offences against the commercial seller, creating corporate vicarious exposure that is easily missed.
How to comply
Compliance begins with behavioural awareness. Individuals must avoid the four limbs of public nuisance (s 6(2)(a)) in any setting where the public may pass or congregate. Businesses must embed age-verification systems, employee training records (ss 19H, 23A), prohibition signage (ss 19K, 23D) and secure storage (s 19L). Retailers should audit product lines against the controlled-item list (s 19E) and remove combat-suggestive packaging or advertising (s 19M).
Event organisers and landowners should familiarise themselves with trespass exceptions for authorised industrial officers (ss 11(3), 12(4), 13(4)) and ensure clear signage on rural land. Protest planners must avoid devices meeting any limb of s 14B; even non-injurious tripods or monopoles become dangerous if they incorporate a dangerous substance. Social-media policies should prohibit posting material that depicts and glorifies prescribed offences (s 26B(1)).
Graffiti removal officers must carry and produce identity cards (ss 39–40), issue approved-form notices where required (s 30), minimise property disruption (s 28(2)), and record damage particulars (s 35). Appointing authorities must ensure appointees have necessary expertise (s 37(2)) and issue conditions limiting powers where appropriate (s 38).
All parties should maintain records: sellers need written employee acknowledgements; police must document vulnerability assessments (s 7(4)); courts exercising forfeiture powers under s 47A must be satisfied of the recording-device nexus. Regular training on the escalating penalty regimes for repeat offences (ss 10C, 19G, 19I, 23B, 23C) is essential. Where doubt exists, the statutory objects (ss 5, 10B, 19A) and the numerous “reasonable excuse” and defence provisions supply a compliance lodestar: conduct that is genuinely artistic, journalistic, industrial or vulnerability-driven will generally be protected.
(a) if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or
(b) otherwise—10 penalty units or 6 months imprisonment.
(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
(i) a disorderly way; or
(ii) an offensive way; or
(iii) a threatening way; or
(iv) a violent way; and
(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.
(i) a disorderly way; or
(ii) an offensive way; or
(iii) a threatening way; or
(iv) a violent way; and
(a) a person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and
(b) a person behaves in a threatening way if the person uses threatening language.
(a) within licensed premises, or in the vicinity of licensed premises;
(b) the circumstance of aggravation stated in the Criminal Code , section 52B , as if this section were a prescribed offence mentioned in that section.
sec.7 Urinating in a public place
sec.7 Urinating in a public place
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.
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.
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.
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.
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.
s 7 sub 2008 No. 65 s 4
amd 2014 No. 42 s 125 ; 2023 No. 21 s 63
(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.
(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.
(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.
(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.
(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.
(a) if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or
(b) otherwise—2 penalty units.
(a) whether any vulnerability, or special health needs, of the person contributed to the person committing the offence;
(b) whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone.
(a) starting a proceeding for the offence; or
(b) serving an infringement notice for the offence.
Section sec.8
s 8 om 2023 No. 21 s 64
sec.9 Wilful exposure
sec.9 Wilful exposure
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.
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.
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.
s 9 amd 2024 No. 24 s 57 s ch 1 pt 2
(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.
(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.
(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.
(a) 2 penalty units; or
(b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.
(a) 2 penalty units; or
(b) if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.
Section sec.10
s 10 sub 2014 No. 42 s 126
om 2023 No. 21 s 65
pt.2-div.1A Unlawful assembly offences
Unlawful assembly offences
sec.10A Unlawful assembly
sec.10A Unlawful assembly
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.
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) .
Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 .
In this section—
unlawful assembly means an assembly of persons who commit the offence under subsection (1) .
s 10A ins 2008 No. 55 s 146
amd 2020 No. 3 s 132
(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.
(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) .
(sec.10A-ssec.2A) Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 .
(sec.10A-ssec.3) In this section— unlawful assembly means an assembly of persons who commit the offence under subsection (1) .
(a) 3 or more persons are present together for a common purpose; and
(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;
(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;
(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 saf
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