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SUMMARY OFFENCES ACT 2005 - As at 19 February 2024 - Act 4 of 2005

SUMMARY OFFENCES ACT 2005


- As at 19 February 2024 
- Act 4 of 2005 

TABLE OF PROVISIONS

           Long Title

   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      (Repealed)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

   10A.    Unlawful assembly

           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

   27.     Definitions for pt 3

           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

   50.     Act repealed

   PART 7 - TRANSITIONAL PROVISIONS FOR SUMMARY OFFENCES (PREVENTION OF KNIFE CRIME) AND OTHER LEGISLATION AMENDMENT ACT 2024

   51.     Application of Anti-Discrimination Act 1991, s 46
   52.     Expiry of part
           SCHEDULE 2