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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 (Repealed)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

  • 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

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