Local Government (Queen Street Mall) Act Amendment Act 1983 (Qld)

118 (QueenE1art ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 10 of 1983 An Act to amend the Local Government (QueenStreet Mall)Act 1981 in certain particulars [ASSENTED TO 8 TH APRIL, 19831

Local Government (Queen Street Mall) Act Amendment Act 1983, No. 10 119 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Local Government (Queen Street Mall) Act Amendment Act 1983. (2) In this Act the Local Government (Queen Street Mall) Act1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Local Government (Queen Street Mall) Act1981-1983. 2. New sections 35, 36 and 37. The Principal Act is amended by inserting after section 34 the following new sections:- " 35. Powers of police officers . (1) Where a member of the police force believes on reasonable grounds that a person has committed, is committing or is about to commit an offence against this Act or against an ordinance made by the Council for the purposes of this Act he may require that person to state his name and address. (2) A person shall not, in response to a requisition made on him under subsection (I)- (a) refuse or fail to state his name and address or his name or address; or (b) state a false name and address or a false name or address. Penalty: $500. (3) Where an offence by a person against this Act consists in a refusal or failure to state his true name or address in response to a requisition made on him under subsection (1) the alleged offender may be arrested without warrant upon a charge of that offence and taken before a justice to be dealt with according to law. 36. Directions by police officer. (1) A member of the police force may give to any person in the Mall such directions as are in his opinion necessary to eliminate- (a) a cause of danger to any person or property; or (b) an impediment to pedestrians or vehicles, in the Mall. (2) A direction may be given under subsection (1) notwithstanding that it may prejudice the exercise of any authority conferred by a permit or licence granted under this Act or under ordinances made by the Council for the purposes of this Act. (3) A person shall comply with a direction given under subsection (1). Penalty: $500.

120 Local Government (Queen Street Mall) Act Amendment Act 1983, No. 10 37. Arrest of persistent offender. A person who is found committing an offence against this Act or against an ordinance made by the Council for the purposes of this Act by a member of the police force and who, after being warned by such member to desist, continues to commit the offence or on the same day as that on which the warning is given commits an offence of the same or a similar nature, may be arrested without warrant by a member of the police force and taken before a justice to be dealt with according to law.". 3. Amendment of s. 35. Prosecutions . Section 35 of the Principal Act is amended by- (a) renumbering the existing section 35 as section 38; (b) omitting subsection (1) and substituting the following subsections:- " (1) A prosecution for an offence against this Act or against an ordinance made by the Council for the purposes of this Act shall be by way of summary proceedings under the Justices Act1886-1982 upon complaint of the Council, a person authorized in that behalf by the Council or, where the defendant has been arrested and charged with the offence, by a member of the police force. (2) A complaint referred to in subsection (1) shall be laid within 12 months after the commission of the offence or within 6 months after the offence comes to the complainant's knowledge whichever period is the later to expire."; (c) renumbering subsections (2) and (3) as subsections (3) and (4) respectively. 4. s. 36 renumbered . The Principal Act is amended by renumbering the existing section 36 as section 39. 5. Amendment of s. 2 . Arrangement . Section 2 of the Principal Act is amended by omitting the number " 36 " and substituting the number " 39 ".