QLDIn ForceAct
Summary Offences Act 2005
sec.32Protection of owners of a place for entry of graffiti removal officers and others
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### 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.