Summary Offences and Other Acts Amendment Act 2008 (Qld)

Queensland Summary Offences and Other Acts Amendment Act 2008 Act No. 65 of 2008

Queensland Summary Offences and Other Acts Amendment Act 2008 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 7 Part 4 8 9 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Amendment of Summary Offences Act 2005 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Replacement of s 7 (Review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Urinating in a public place . . . . . . . . . . . . . . . . . . . . . 4 Amendment of PolicePowersandResponsibilitiesAct2000 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 377 (Additional case when arrest of adult may be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 394 (Duty of police officer receiving custody of person arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of EnvironmentalProtectionandOtherLegislationAmendmentAct(No.2)2008 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of s 66 (Insertion of new sch 1AA) . . . . . . . . . . . . . . 7

Queensland Summary Offences and Other Acts Amendment Act 2008 Act No. 65 of 2008 An Act to amend the Summary Offences Act 2005, the Police Powers andResponsibilities Act 2000 and the Environmental Protection and OtherLegislation Amendment Act (No. 2) 2008 for particular purposes [Assented to 1 December 2008]

Summary Offences and Other Acts Amendment Act 2008 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Summary Offences and Other Acts Amendment Act 2008 . 2 Commencement Part 3 commences on 1 January 2009. Part 2 Amendment of Summary Offences Act 2005 3 Act amended in pt 2 This part amends the Summary Offences Act 2005. 4 Replacement of s 7 (Review) Section 7— omit, insert — ‘7 Urinating in a public place ‘(1) A person must not urinate in a public place. Maximum penalty—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. Page 4 2008 Act No. 65

Summary Offences and Other Acts Amendment Act 2008 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 5] ‘(3) In this section— public place does not include a facility in a public place that is designed for use as a toilet.’. Part 3 Amendment of Police Powers and Responsibilities Act 2000 5 Act amended in pt 3 This part amends the Police Powers and Responsibilities Act2000 . 6 Amendment of s 377 (Additional case when arrest of adult may be discontinued) (1) Section 377(5), definitions infringement notice and infringement notice offence — relocate to schedule 6. (2) Section 377(5), as amended— omit. 7 Amendment of s 394 (Duty of police officer receiving custody of person arrested for offence) (1) Section 394(2)— insert— ‘(ca) for a person arrested for a prescribed public nuisance offence committed, or reasonably suspected by the arresting police officer of having been committed, in the prescribed area—issue and serve on the person an infringement notice for the prescribed public nuisance offence and any associated offence; or’. (2) Section 394(5)— 2008 Act No. 65 Page 5

Summary Offences and Other Acts Amendment Act 2008 Part 3 Amendment of Police Powers and Responsibilities Act 2000 [s 7] renumber as section 394(6). (3) Section 394— insert — ‘(5) A regulation may declare the boundaries of the police districts comprising the prescribed area for subsection (2)(ca).’. (4) Section 394(6), as renumbered— insert — ‘ associated offence , in relation to a prescribed public nuisance offence, means an offence (whether committed within or outside the prescribed area) against either or both of the following provisions, unless the offence also involves an offence against the person— (a) section 790(1), but only to the extent that it relates to obstructing a police officer in the performance of a police officer’s duties in relation to a prescribed public nuisance offence; (b) section 791(2), but only to the extent that it relates to a requirement to state a person’s correct name and address in relation to a prescribed public nuisance offence. prescribed area means the South Brisbane and Townsville police districts. Note — Indicative maps of the police districts may be located on the police service website. < cations/documents/07_OrganisationalStructure.pdf> prescribed public nuisance offence means an offence against the Summary Offences Act 2005 , section 6(1) or 7(1), unless the offence also involves an offence against the person.’. Page 6 2008 Act No. 65

Summary Offences and Other Acts Amendment Act 2008 Part 4 Amendment of Environmental Protection and Other Legislation Amendment Act (No.2) 2008 [s 8] Part 4 Amendment of Environmental Protection and Other Legislation Amendment Act (No. 2) 2008 8 Act amended in pt 4 This part amends the EnvironmentalProtectionandOtherLegislation Amendment Act (No. 2) 2008 . 9 Amendment of s 66 (Insertion of new sch 1AA) Section 66, new schedule 1AA, part 1, section 3— insert — ‘(i) noise from a special event prescribed under a regulation for the MajorSportsFacilitiesAct2001 , section 30A that complies with any conditions prescribed under the regulation, for the use of the facility where the event takes place, about noise levels for the event.’. Editor’s note — The legislation ultimately amended is the Environmental Protection Act1994 . © State of Queensland 2008 2008 Act No. 65 Page 7