Summary Offences Act 2005 (Qld)

Summary Offences Act 2005

An Act to define particular offences that may be dealt with in a summary way, and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Summary Offences Act 2005.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

4   Notes

A note in the text of this Act is part of this Act.

Part 2    Offences

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.

6   Public nuisance

(1)A person must not commit a public nuisance offence.

Maximum penalty—

(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.

(2)A person commits a public nuisance offence if—

(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

(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.

(3)Without limiting subsection (2)—

(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.

(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.

(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.

(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—

(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.

7   Urinating in a public place

(1)A person must not urinate in a public place, other than by using a toilet.

Maximum penalty—

(a)if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or

(b)otherwise—2 penalty units.

(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.

(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…