SUMMARY OFFENCES ACT 2005 - As at 19 February 2024 - Act 4 of 2005
- As at 19 February 2024
- Act 4 of 2005
Table of Provisions
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
- 3 Definitions
- 4 Notes
PART 2 - OFFENCES
Division 1 - Offences about quality of community use of public places
- 5 Object of div 1
- 6 Public nuisance
- 7 Urinating in a public place
8. (Repealed)
- 9 Wilful exposure
- 10 Being intoxicated in a public place
Division 1A - Unlawful assembly offences
Division 1B - Offence about wearing or carrying particular clothing, jewellery or accessories in public places
- 10B Objects of division
- 10C Wearing or carrying prohibited item in a public place
- 10D Defence for s 10C
- 10E Forfeiture of prohibited item to which offence relates
Division 2 - Offences involving presence on property
- 11 Trespass
- 11A Unlawful driving of motorbike on public land
- 12 Persons unlawfully gathering in or on a building or structure
- 13 Unlawfully entering or remaining on particular land
- 14 Unregulated high-risk activities
Division 2A - Offence involving use of dangerous attachment devices
- 14A What is an attachment device
- 14B What is a dangerous attachment device
- 14C Use of dangerous attachment device to disrupt lawful activities
Division 3 - Possession offences
- 15 Possession of implement in relation to particular offences
- 16 Unlawful possession of suspected stolen property
- 17 Graffiti instrument
Division 4 - Offences relating to children or minors
- 18 Particular body piercing of minor prohibited
- 19 Tattooing minor prohibited
Division 4A - Offences associated with hooning offences
- 19A Object of division
- 19B Meaning of racing, burn out or other hooning offence
- 19C Unlawful conduct associated with commission of racing, burn out or other hooning offence
- 19D Possession of things used in commission of racing, burn out or other hooning offence
Division 5 - Other offences
- 20 Preventing public meetings
- 21 False advertisements etc., about births, deaths, marriages or employment
- 22 Imposition
- 23 Sale of potentially harmful things
- 23A Seller must take prevention measures in relation to spray paint
- 23B Sale of spray paint to minors
- 23C When employee of seller liable
- 23D Seller of spray paint must display prohibition sign
- 23E Provision about definition of sell for ss 23A–23D
- 24 Throwing things at a sporting event
- 24A Unlawful SMS messages etc.
- 25 Use of vehicles
- 25A Advertising a reward for the return of stolen property etc.
- 26 Endangering the safe use of a vehicle by throwing an object or by a similar activity
- 26A Interference with graves etc.
PART 3 - REMOVAL OF PUBLIC GRAFFITI
Division 1 - Interpretation
Division 2 - Graffiti removal power
- 28 Graffiti removal power
- 29 Powers of entry
- 30 Notice about removal
- 31 Protection of graffiti removal officers and helpers from civil liability
- 32 Protection of owners of a place for entry of graffiti removal officers and others
- 33 Prohibition on charging for removal of public graffiti
- 34 Compensation
- 35 Graffiti removal officer to give notice of damage
- 36 Obstructing graffiti removal officer or helper
Division 3 - Graffiti removal officers
- 37 Appointment and qualifications
- 38 Appointment conditions and limit on powers
- 39 Issue of identity card
- 40 Production or display of identity card
- 41 When graffiti removal officer ceases to hold office
- 42 Resignation
- 43 Return of identity card
- 44 Approval of form
- 45 Delegation by Minister
PART 4 - PROCEDURAL PROVISIONS
- 46 Offences are simple offences
- 47 Forfeiture of thing to which offence relates
- 47A Forfeiture of thing used to record, store or transmit image of graffiti
- 48 Evidentiary provision
PART 5 - GENERAL
- 49 Regulation-making power
PART 6 - REPEAL