SUMMARY OFFENCES ACT 2005 - SCHEDULE 2
SUMMARY OFFENCES ACT 2005 - SCHEDULE 2
SCHEDULE 2 – Dictionary
"appointing authority" , for part 3 , see section 27 .
"approved form" , for part 3 , see section 27 .
"authorised industrial officer" means—
(a) an authorised industrial officer appointed under the Industrial Relations Act 2016 , section 337 ; or
(b) a permit holder under the Fair Work Act 2009 (Cwlth) ; or
(c) a WHS entry permit holder under the Work Health and Safety Act 2011 .
"business purpose" includes commercial purpose.
"consent" , for part 3 , see section 27 .
"dwelling" includes, when used as a dwelling, a boat or part of a boat, a caravan, and a tent.
"employee" , of a seller, means a person who sells, or may sell, spray paint in the course of the person’s employment.
"graffiti" , for section 17 , see the Criminal Code , section 469 , punishment in special cases, paragraph 9.
"graffiti instrument" , for section 17 , includes—
(a) a container from which paint or another marking substance may be forced by pressure, suction or in another way; or
(b) an etching instrument.
"graffiti removal notice" , for part 3 , see section 27 .
"graffiti removal officer" , for part 3 , see section 27 .
"helper" , for part 3 , see section 27 .
"implement" includes equipment and substance.
"local graffiti removal officer" , for part 3 , see section 27 .
"owner" , in relation to a place, for part 3 , see section 27 .
"place" includes dwelling, other premises and vacant land.
"possession" has the same meaning as in the Criminal Code .
Note—Under the Acts Interpretation Act 1954 , section 32 , if an Act defines a word or expression, other parts of speech and grammatical forms of the word or expression have corresponding meanings.
"potentially harmful thing" see section 23 .
"public graffiti" , for part 3 , see section 27 .
"public place" —
(a) means a place that is open to or used by the public, whether or not on payment of a fee; and
(b) without limiting paragraph (a) , in part 3 includes the following—(i) land declared to be busway land under the Transport Infrastructure Act 1994 , chapter 9 ;(ii) land that is rail corridor land under the Transport Infrastructure Act 1994 .
"racing, burn out or other hooning offence" see section 19B .
"remove" , in relation to public graffiti, for part 3 , see section 27 .
"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.
"seller" , of potentially harmful things or of spray paint, means a person who, in trade or commerce, sells potentially harmful things or spray paint to the public, and includes an employee of a seller.
"spray can" includes a thing that is made or adapted for use for emitting paint by the operation of air, gas or vapour pressure on the contents of the thing.
"spray paint" includes—
(a) any liquid or other substance in a spray can that, if applied to a surface of a thing by using a spray can, is designed to colour, stain, mark or corrode the surface of the thing; and
(b) the spray can.
"State graffiti removal officer" , for part 3 , see section 27 .
"unlawfully" means without authorisation, justification or excuse by law.
"vehicle" includes a motor vehicle, bicycle and boat.
"yard" means—
(a) for a dwelling other than a boat, the parcel of land related to the dwelling that appears to be within identifiable boundaries; orExamples for paragraph (a)—1 The boundaries may be defined by the position of fencing.2 There may be a garden along a boundary of the land giving a general indication of where the boundary is.3 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.
(b) for a place used for a business purpose, a part of the place not occupied by buildings—(i) that is fenced in a way that ordinarily restricts access to the place when the place is not open to the public; or(ii) that is otherwise ordinarily enclosed to restrict access to the place; or(iii) 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.