laa Ye ++ AUDAX : AT: FIDELIS + Queensland Summary Offences Bill 2004 Queensland Summary Offences Bill 2004 Contents Page Part 1 Preliminary 1 Shorttitle 2.0... eee 4 2 Commencement. ... 0.0... 500 cece eee eee 4 3 Definitions... 0.0.0.0... eee 4 4 Notes ©... 6. tenets 4 Part 2 Offences Division 1 Offences about quality of community use of public places 5 Object of div1 ...... 0... eee eee 4 6 Public nuisance ........ 06... cee eee 5 7 ROVIOW «0. ete teens 5 8 Begging in a public place ...... 1.2... eee eee eee 6 9 Wilful exposure... 2... eee eee 7 10 Being drunk in a public place................ 00. e ee eee 7 Division 2 Offences involving presence on property 11 TreSPASS. 1. eee 7 12 Persons unlawfully gathering in or on a building or structure. . . . 8 13 Unlawfully entering farming land, etc. ..................00. 9 14 Unregulated high-risk activities ...................00-000- 9 Division 3 Possession offences 15 Possession of implement in relation to particular offences. .... . 10 16 Unlawful possession of suspected stolen property ........... 11 17 Graffiti instrument... 2.2... eee 11 Division 4 Offences relating to children or minors 18 Particular body piercing of minor prohibited................. 12 19 Tattooing minor prohibited ................ 0-00 ce eee eee 13 Division 5 Other offences 20 Preventing public meetings .............0 0.0 e eee eee eee 14 Part 3Part 4Schedule 1 Schedule 2 Summary Offences Bill 2004 False advertisements etc., about births, deaths, marriages or employment ............ 00.00.02 eee eee Imposition . Sale of potentially harmful things..................000200. Throwing things at a sporting event....................0.. Use of vehicles... 0.0.2.0... eee cece Procedural provisions Offences are simple offences..................0002.0. 0s Forfeiture . Evidentiary provision ............. 0.000.000 020c eee eee ee Repeal and amendments Act repealed. .......... 0.0.0... eee eee eee Other Acts amended .............. 000 eee e ee eee eee ee Acts amended .............. 0.00 cece eee eee Animal Care and Protection Act 2001 ..................00. Classification of Computer Games and Images Act 1995 ...... Classification of Films Act 1991.................000.. 000. Classification of Publications Act 1991..................... Introduction Agents Act 2001........... 0.60. e eee eee eee Juvenile Justice Act 1992.......... 0... eee Liquor Act 1992 ... 0.2... ete ee Police Powers and Responsibilities Act 2000................ Racing Act 2002.... 1.2.0... eee cee Suppression of Gambling Act 1895 ................0...00. Transport Operations (Road Use Management) Act 1995...... Vagrants, Gaming and Other Offences Act 1931............. Dictionary 1516181920212122252629 A BILL for An Act to define particular offences that may be dealt with in a summary way, and for other purposes sl 4 s5 Summary Offences Bill 2004 The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Summary Offences Act 2004. 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 Division 1 Offences about quality of community use of public places 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. \o wo 11 A COmMDINID MN s6 5 s7 Summary Offences Bill 2004 Public nuisance d) (2) (3) (4) (5) A person must not commit a public nuisance offence. Maximum penalty—10 penalty units or 6 months imprisonment. A person commits a public nuisance offence if— (a) the person behaves in— (i) adisorderly way; or Gi) 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. 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. 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. Review d) (2) (3) As soon as practicable after 1 October 2005, the Crime and Misconduct Commission must review the use of the public nuisance provisions and prepare a report on the review. The conduct of the review and the preparation of the report is a function of the Crime and Misconduct Commission for the Crime and Misconduct Commission Act 2001. In the course of preparing the report, the Crime and Misconduct Commission must consult with the Minister. Co mnt nn PW NY CN nN BF WNrY CO NW row NNN BRWN 273033 s8 6 s8 Summary Offences Bill 2004 (4) The Crime and Misconduct Commission must give a copy of the report to the Speaker for tabling in the Legislative Assembly. (5) In this section— public nuisance provisions means the following— (a) section 6; (b) the repealed Vagrants, Gaming and Other Offences Act 1931, section 7AA.! Begging in a public place (1) A person must not— (a) beg for money or goods in a public place; or (b) cause, procure or encourage a child to beg for money or goods in a public place; or (c) _ solicit donations of money or goods in a public place. Maximum penalty—10 penalty units or 6 months imprisonment. (2) Subsection (1)(c) does not apply to a person who— (a) is an individual authorised by a charity registered under the Collections Act 1966 to solicit donations for the charity; or (b) is authorised by a local government to busk in a public place. (3) In this section— procure includes— (a) enable; and (b) facilitate. Vagrants, Gaming and Other Offences Act 1931, section 7AA (Public nuisance) ONY DN BRB WNe \o NX COA N AWN FF WN KF CO NN Noe Ro NK WY WN nn BB W s9 7 sll Summary Offences Bill 2004 9 Wilful exposure (1) A person in a public place must not wilfully expose his or her genitals, unless the person has a reasonable excuse. Maximum penalty— (a) 2 penalty units; or (b) if the offence involves circumstances of aggravation—40 penalty units or 1 year's imprisonment. (2) A person who is so near a public place that the person may be seen from the public place must not wilfully expose his or her genitals so that the person's genitals may be seen from the public place, unless the person has a reasonable excuse. Maximum penalty— (a) 2 penalty units; or (b) if the offence involves circumstances of aggravation—40 penalty units or 1 year's imprisonment. (3) Itis a circumstance of aggravation for this section for a person to wilfully expose his or her genitals so as to offend or embarrass another person. 10 Being drunk in a public place A person must not be drunk in a public place. Maximum penalty—2 penalty units. Division 2 Offences involving presence on property 11 Trespass (1) A person must not unlawfully enter, or remain in, a dwelling (2) or the yard for a dwelling. Maximum penalty—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. Com ND MN FP WN CAD AHR WN KO 21 23 26 28 30 s12 8 $12 Summary Offences Bill 2004 Maximum penalty—20 penalty units or 1 year's imprisonment. Note— See the Police Powers and Responsibilities Act 2000, section 391A for safeguards applying to starting proceedings for particular offences in this division. 12 Persons unlawfully gathering in or on a building or structure (1) Two or more persons must not, together— (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 (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. Maximum penalty—10 penalty units or 6 months imprisonment. (2) Subsection (1)(b) applies whether or not the persons lawfully entered the building, structure or land. (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. DAnk WN \o on NX COM AN ANH WNF OC NNW WNre Nw ns NW mon WwWNN rPoOowon WW WN s13 9 s14 Summary Offences Bill 2004 13 Unlawfully entering farming land, etc. d) (2) A person must not unlawfully enter, or remain on, land used for— (a) agricultural or horticultural purposes; or (b) grazing; or (c) animal husbandry. Maximum penalty—10 penalty units or 6 months imprisonment. 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 agricultural or horticultural purposes or for grazing or animal husbandry. Maximum penalty—10 penalty units or 6 months imprisonment. 14 Unregulated high-risk activities d) (2) A person must not unlawfully do any of the following— (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. Maximum penalty—20 penalty units or 1 year's imprisonment. It is not an offence against subsection (1) for a person— (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 COON DUN fF WN RW NFO s15 (3) 10 s15 Summary Offences Bill 2004 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. 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. Division 3 Possession offences 15 Possession of implement in relation to particular offences d) (2) A person must not possess an implement that is being, or is to be, used— (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. Maximum penalty—20 penalty units or 1 year's imprisonment. A person must not possess an implement that has been used— (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 OMPNDMN PW NK So om NAD WF WH Nw WY NF Oo NN BW Nb NY NAW NN \o 0 Ww Ww rr Oo s16 (3) 11 s17 Summary Offences Bill 2004 (f) 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. Note— See the Police Powers and Responsibilities Act 2000, section 391A for safeguards applying to starting proceedings for offences against this section and sections 16 and 17. 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. Graffiti instrument d) (2) A person must not possess a graffiti instrument that— (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. 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— COC MIDNA WN NRO Orr ANH W 22 25 27 29 s18 12 s18 Summary Offences Bill 2004 (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 4.3 (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. Division 4 Offences relating to children or minors Particular body piercing of minor prohibited (1) A person must not, as part of a business transaction, perform body piercing to any part of— (a) the external genitalia of a female who is a minor; or (b) _ the penis or scrotal skin of a male who is a minor; or (c) _ the nipples of a minor. Maximum penalty— (a) 40 penalty units or 6 months imprisonment; or (b) if the minor is an intellectually impaired person or the minor's decision-making capacity is impaired because of alcohol or a drug—80 penalty units or 1 year's imprisonment. (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. (3) In this section— Penalties and Sentences Act 1992, part 5 (Intermediate orders), division 2 (Community service orders) Penalties and Sentences Act 1992, part 3 (Releases, restitution and compensation), division 4 (Orders for restitution and compensation) COMANAD WH WNe So oO mnNn WD Wns WwW 2224 26 s19 13 s19 Summary Offences Bill 2004 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. Examples of foreign material— * aring ¢ abar * apin * astud genitalia see the Criminal Code, section 1.4 intellectually impaired person see the Criminal Code, section 1. (1) A person must not perform tattooing on a minor. Maximum penalty—40 penalty units or 6 months (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. 19 Tattooing minor prohibited imprisonment. (2) In this section— tattooing— 4 Criminal Code, section 1 (Definitions) OMAN DN PWNKE NOR on ann & WW 2326 s 20 14 s21 Summary Offences Bill 2004 Division 5 Other offences 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. Examples of actions that may prevent the holding of a public meeting— 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. 21 False advertisements etc., about births, deaths, marriages or employment (1) A person must not publish in a newspaper or by radio, oAmArANI AN FW WY 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) achild 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. Maximum penalty—10 penalty units or 6 months imprisonment. (2) In this section— publish includes cause to be published. eCorANANRW NK iS) ow NW Noe NN BW N n NW mon NY N \o © s 22 15 s 23 Summary Offences Bill 2004 22 Imposition d) (2) (3) 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— (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. In this section— advantage includes benefit. 23 Sale of potentially harmful things d) (2) A person (the seller) must not sell a potentially harmful thing to another person if the seller knows or believes, on reasonable grounds, that the other person— (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. Maximum penalty— (a) for a first offence—25 penalty units or 3 months imprisonment; or (b) for a second or later offence—SO 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). 5 Anti-Discrimination Act 1991, section 46 (Discrimination in goods and services area) Com ANID KN WN RW NF CO warn un 22 24 26 2830 s24 (3) 16 s24 Summary Offences Bill 2004 In this section— potentially harmful thing— (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 * —asolvent (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. sell includes— (a) _ sell by wholesale, retail or auction; and (b) supply in trade or commerce or under an arrangement; and (c) agree, attempt or offer to sell; and (d) keep or expose for sale; and (e) cause or permit to be sold. 24 Throwing things at a sporting event d) (2) A person at a sporting event must not throw or propel an object that may— (a) injure a person; or (b) damage property; or (c) 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. OMANI DD UNPW YN omrnNnI AN FW NF CO 22 2427 2931 s25 17 s 26 Summary Offences Bill 2004 (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). Example for subsection (3)— Returning to a cricket player a cricket ball that has been hit over the fence in a cricket match. 25 Use of vehicles A person must not— (a) unlawfully 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. Maximum penalty—20 penalty units or 1 year's imprisonment. Part 3 Procedural provisions 26 Offences are simple offences (1) An offence against this Act is a simple offence. (2) A proceeding for an offence against this Act is a summary proceeding under the Justices Act 1886. PAID NMBWNKE \o OM ADNHBW NK CO 22 24 s27 18 s 29 Summary Offences Bill 2004 27 Forfeiture If a court finds a person guilty of an offence against section 15, 16 or 17,° the court may order that the thing to which the offence relates be forfeited to the State. Note— For how something forfeited to the State may be disposed of, see the Police Powers and_ Responsibilities Act 2000, chapter 11 (Administration), part 3 (Dealing with things in the possession of police service), division 7 (Dealing with forfeited things). 28 Evidentiary provision d) (2) Part 4 In a proceeding, a statement in a charge of an offence that a place is a place to which a provision of this Act applies is evidence that the place is what it is claimed to be. In a proceeding for an offence against section 16, it is not necessary to prove that the police officer starting the proceeding knew anything had recently been stolen or unlawfully obtained, or that in fact anything had been stolen or unlawfully obtained, if the circumstances in which the property had been found gives rise to a reasonable suspicion that the property had been stolen or unlawfully obtained. Example— See the Police Powers and Responsibilities Act 2000, section 391A for procedural safeguards a police officer must follow before charging a person with an offence against section 16 of this Act. Repeal and amendments 29 Act repealed The Vagrants, Gaming and Other Offences Act 1931 22 Geo 5 No. 27 is repealed. 6 Sections 15 (Possession of implement in relation to particular offences), 16 (Unlawful possession of suspected stolen property) and 17 (Graffiti instrument) COMAD NM PWN NX SCOMIAIDMNH WNKY CO N — NNN BRWN 28 s 30 19 s 30 Summary Offences Bill 2004 30 Other Acts amended Schedule 1 amends the Acts it mentions. Summary Offences Bill 2004 Schedule 1 Acts amended section 30 Animal Care and Protection Act 2001 1 Schedule, definition public place, paragraph (b), 'Act. and footnote— omit, insert— "'Act.". Classification of Computer Games and Images Act 1995 1 Section 58(4), 'or the Vagrants, Gaming and Other Offences Act 1931'— omit. 2 Section 59(5), 'or the Vagrants, Gaming and Other Offences Act 1931'— omit. 3 Section 66(1), 'or the Vagrants, Gaming and Other Offences Act 1931'— omit. 7 See, for example, the Police Powers and Responsibilities Act 2000, schedule 4, definition public place. ND Ws oo KRW ona Summary Offences Bill 2004 Schedule 1 (continued) Classification of Films Act 1991 1 Section 58(2)(b), 'and the Vagrants, Gaming and Other Offences Act 1931'— omit. 2 Section 64(1), 'and the Vagrants, Gaming and Other Offences Act 1931'— omit. Classification of Publications Act 1991 1 Section 36, 'or the Vagrants, Gaming and Other Offences Act 19317'— omit. 2 Section 37(3)(b), 'and the Vagrants, Gaming and Other Offences Act 1931'— omit. Introduction Agents Act 2001 1 Schedule 2, definition disqualifying offence, paragraph (b), 'its repeal'— omit, insert— "1 February 1993'. WH ann WN Co OND Summary Offences Bill 2004 Schedule 1 (continued) Juvenile Justice Act 1992 1 Section 25(1), 'Vagrants, Gaming and Other Offences Act 1931— omit, insert— 'e Summary Offences Act 2004'. 2 Section 255(1)(e)— omit, insert— '(e) the Summary Offences Act 2004; . 3 Part 11, division 3, subdivision 9— insert— 'Division 4 Transitional provision for Summary Offences Act 2004 '341 Vagrants, Gaming and Other Offences Act 1931 'Despite the repeal of the Vagrants, Gaming and Other Offences Act 1931, an offence against that Act that is an arrest offence continues to be an arrest offence for which a court may order that a child's identifying particulars may be taken under section 25 or 255 of this Act.''. Liquor Act 1992 1 Section 164(2)— omit. 8 Sections 25 (Application by police officer for permission to take child's identifying particulars) and 255 (Court may order sentenced child's identifying particulars to be taken) nA & WN lon Noe AADMNH W 21 Summary Offences Bill 2004 Schedule 1 (continued) Police Powers and Responsibilities Act 2000 1 After section 391— insert— 391A Safeguards for declared offences under Summary Offences Act 2004 '(1) This section applies to an offence under the Summary Offences Act 2004 that is a declared offence for this Act. '(2) A police officer who suspects a person has committed a declared offence must, if reasonably practicable, give the person a reasonable opportunity to explain— (a) (b) (d) (e) if the offence involves the person's presence at a place—why the person was at the place; or if the offence involves entering a place—why the person entered the place; or if the offence involves any of the following, why the person did the relevant thing— (i) parachuting or hang-gliding onto a building or structure; (ii) BASE-jumping or hang-gliding from a building or structure; (iii) climbing up or down the outside of a building or a structure; (iv) abseiling from a building or structure; or if the offence involves possession of a graffiti instrument or an implement—why the person was in possession of the graffiti instrument or implement at the relevant time; or if the offence involves possession of a thing that is reasonably suspected of having been stolen or unlawfully obtained—how the person came to have possession of the thing. Com ANAND WS WW CaN ANN FW NF CO iS) ow NW Noe N w NHOnNW NANA WwWNN rPoOon Summary Offences Bill 2004 Schedule 1 (continued) "3) If (a) _ the person fails to give an explanation; or (b) _ the police officer considers the explanation given is not a reasonable explanation; or (c) because of the person's conduct, it is not reasonably practicable to give the person a reasonable opportunity to give an explanation; Example for paragraph (c)— It may not be reasonably practicable to give the person a reasonable opportunity to give an explanation because of the person's conduct, for example, the person may be struggling or speaking loudly without stopping. the police officer may start a proceeding against the person for the declared offence. '(4) In this section— declared offence means an offence against sections 11, 12, 13(1), 14, 15, 16 or 17 of the Summary Offences Act 2004.°' . 2 After section 482— insert— 'Part 4 Transitional Provision for Summary Offences Act 2004 '483. Vagrants, Gaming and Other Offences Act 1931 'Despite the repeal of the Vagrants, Gaming and Other Offences Act 1931, an offence against that Act continues to be an identifying particulars offence for this Act.'. 9 Summary Offences Act 2004, section 11 (Trespass), 12 (Persons unlawfully gathering in or on a building or structure), 13 (Unlawfully entering farming land etc.), 14 (Unregulated high-risk activities), 15 (Possession of implement in relation to particular offences), 16 (Unlawful possession of suspected stolen property) or 17 (Graffiti instrument) Com ANIDN FW NY NAYD NW BW NRO oo 21 24Summary Offences Bill 2004 Schedule 1 (continued) 3 Schedule 4, definition identifying particulars offence, paragraph (b), 'Vagrants, Gaming and Other Offences Act 1931'— omit, insert— "Summary Offences Act 2004' . 4 Schedule 4, definition public place, paragraph (dq), footnote— omit. Racing Act 2002 1 Section 320(2)(c) and (d)— omit. 2 Section 320(2)(e)— renumber as section 320(2)(c). Suppression of Gambling Act 1895 1 After section 14— insert— 'Part 3 Gaming 15 Provisions relocated from the Vagrants, Gaming and Other Offences Act 1931 '(1) To remove any doubt, it is declared that the relocated provisions were not re-enacted by the Summary Offences Act 2004 but merely moved (without re-enactment) from the Vagrants, Gaming and Other Offences Act 1931 to this Act. nN BB WNe ao na 2123 (2) '3) (4) Summary Offences Bill 2004 Schedule 1 (continued) Without limiting subsection (1) and to further remove any doubt, it is also declared that the relocation to this Act of the relocated provisions did not impliedly repeal or amend, or otherwise affect the operation of the relocated provisions or the provisions of any other law and, in particular, did not affect the meaning or effect that the relocated provisions, or the provisions of the other law, had because of the respective times when they were enacted. In an Act or document, a reference to a relocated provision may, if the context permits, be taken to be a reference to the provision in this Act. In this section— relocated provisions means the provisions relocated to this Act by the Summary Offences Act 2004, schedule 1, amendment of the Vagrants, Gaming and Other Offences Act 1931... Transport Operations (Road Use Management) Act 1995 1 Section 138(8), definition disqualifying offence, paragraph (b), after 'against the'— insert— 'repealed'. 2 Section 138(8), definition disqualifying offence, paragraphs (c) and (d)— renumber as paragraphs (d) and (e). 3 Section 138(8), definition disqualifying offence— insert— CO OADNBRWNeKE DANnkRwW N KF Oo ~ 21 24 27 Summary Offences Bill 2004 Schedule 1 (continued) '(c) an offence against the Classification of Publications Act 1991, part 3;!° or'. Vagrants, Gaming and Other Offences Act 1931 1 Section 2, definition gaming Acts, 'Suppression of Gambling Act 1895 — omit. 2 Section 2, definitions gaming Acts, instrument of gaming, owner, public place and unlawful game— relocate to the Suppression of Gambling Act 1895 and in that Act insert the definitions in section 4. 3 Section 4(1), heading before paragraph (a)— omit. 4 Section 4(1)(a) to (e), (g)(iv) and (h) to (o)— omit. 5 Section 4(1)(g), from 'person)' to '(iii)'— omit, insert— "person)'. 6 Section 4(1), 'shall be deemed to be a vagrant, and'— omit. 10 — Classification of Publications Act 1991, part 3 (Offences) ns \o worn Summary Offences Bill 2004 Schedule 1 (continued) Section 4(1A)— omit. Heading before section 4(2)— omit. Section 4(2), 'implement, offensive weapon,,, ', drug, substance, and thing' and '(i) to (iii) and (h) to (j)'— omit. Section 4— relocate to the Suppression of Gambling Act 1895 and in that Act insert and renumber, in part 3, as section 16. Sections 19 to 22A— relocate to the Suppression of Gambling Act 1895 and in that Act insert, in part 3, as sections 19, 20, 21A, 22 and 22A. ann 13 Summary Offences Bill 2004 Schedule 2 Dictionary 1 section3 2 business purpose includes commercial purpose. 3 dwelling includes, when used as a dwelling, a boat or partofa 4 boat, a caravan, and a tent. 5 graffiti see the Criminal Code, section 469, punishment in 6 special cases, paragraph 9.!! 7 graffiti instrument includes— 8 (a) a container from which paint or another marking 9 substance may be forced by pressure, suction or in 0 another way; or 1 (b) an etching instrument. 2 implement includes equipment and substance. 3 place includes dwelling. 4 possession has the same meaning as in the Criminal Code. 5 Note— 6 Under the Acts Interpretation Act 1954, section 32, if an Act defines a 7 word or expression, other parts of speech and grammatical forms of the 8 word or expression have corresponding meanings. 9 public place means a place that is open to or used by the 20 public, whether or not on payment of a fee. 21 unlawfully means without authorisation, justification or 22 excuse by law. 23 vehicle includes a motor vehicle, bicycle and boat. 24 yard means— 25 (a) for a dwelling other than a boat, the parcel of land 26 related to the dwelling that appears to be within 27 identifiable boundaries; or 28 11 Criminal Code, section 469 (Wilful damage) (b) Summary Offences Bill 2004 Schedule 2 (continued) Examples for paragraph (a)— 1. 2. The boundaries may be defined by the position of fencing. There may be a garden along a boundary of the land giving a general indication of where the boundary is. It may be easy to recognise the position of the front boundary of land because of the position of fencing along the front of adjoining land. for a place used for a business purpose, a part of the place not occupied by buildings— (i) (ii) (iii) that is fenced in a way that ordinarily restricts access to the place when the place is not open to the public; or that is otherwise ordinarily enclosed to restrict access to the place; or to which entry is prohibited by signs displayed on the premises. Example for paragraph (b)— The place may have a high chain-wire fence along its boundaries. © State of Queensland 2004 Om ADM PWN om nt ann BW NRO