Summary Offences Act 2005

This Act may be cited as the Summary Offences Act 2005.

This Act commences on a day to be fixed by proclamation.

The dictionary in schedule 2 defines particular words used in this Act.

A note in the text of this Act is part of this Act.

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.

A person must not commit a public nuisance offence.Maximum penalty—

if the offence involves circumstances of aggravation—25 penalty units or 6 months imprisonment; or

otherwise—10 penalty units or 6 months imprisonment.

A person commits a public nuisance offence if—

the person behaves in—

a disorderly way; or

an offensive way; or

a threatening way; or

a violent way; and

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 person behaves in an offensive way if the person uses offensive, obscene, indecent or abusive language; and

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.

It is a circumstance of aggravation for this section for a person to commit a public nuisance offence in either or both of the following circumstances—

within licensed premises, or in the vicinity of licensed premises;

the circumstance of aggravation stated in the Criminal Code, section 52B, as if this section were a prescribed offence mentioned in that section.

A person must not urinate in a public place, other than by using a toilet.Maximum penalty—

if the person urinates within licensed premises, or in the vicinity of licensed premises—4 penalty units; or

otherwise—2 penalty units.

In a proceeding for an offence against subsection (1), evidence that liquid was seen to be discharged from the vicinity of a person’s pelvic area is enough evidence that the person was urinating.

Before a police officer takes enforcement action for an offence against subsection (1), the officer must consider whether, in all the circumstances, it is more appropriate to take no action.

Without limiting subsection (3), the police officer must have regard to the following circumstances—

whether any vulnerability, or special health needs, of the person contributed to the person committing the offence;

whether the person, when committing the offence, took reasonable steps to avoid offending or embarrassing anyone.

In this section—enforcement action, in relation to an offence against subsection (1), means—

starting a proceeding for the offence; or

serving an infringement notice for the offence.

A person in a public place must not wilfully expose the person’s genitals, unless the person has a reasonable excuse.Maximum penalty—

2 penalty units; or

if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.

A person who is so near a public place that the person may be seen from the public place must not wilfully expose the person’s genitals so that the person’s genitals may be seen from the public place, unless the person has a reasonable excuse.Maximum penalty—

2 penalty units; or

if the offence involves circumstances of aggravation—40 penalty units or 1 year’s imprisonment.

It is a circumstance of aggravation for this section for a person to wilfully expose the person’s genitals so as to offend or embarrass another person.

If—

3 or more persons are present together for a common purpose; and

the conduct of them taken together—

would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or

if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13(1)—

poses a risk to the health or safety of a person; or

poses a risk to the welfare of an animal; or

poses a biosecurity risk as defined under the Biosecurity Act 2014; or

is likely to directly disrupt the operation of a business carried out on the land; orExample of conduct for sub-subparagraph (D)—conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product

poses a risk to the safety of food produced for human or animal consumption;

each of the persons commits an offence.Maximum penalty—

if—

the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and

the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or

otherwise—1 year’s imprisonment.

The following are immaterial—

whether the original assembling was lawful or unlawful;

what the common purpose is and whether it is lawful or unlawful;

whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1)(b)(i).

Subsection (1)(b)(ii) applies subject to the Industrial Relations Act 2016.

In this section—unlawful assembly means an assembly of persons who commit the offence under subsection (1).

The objects of this division are, as far as practicable—

to ensure members of the public may lawfully use and pass through public places without experiencing fear or intimidation because others are visibly wearing or carrying prohibited items; and

to reduce the likelihood of public disorder or acts of violence in public places.

A person in a public place must not wear or carry a prohibited item so that the item can be seen.Maximum penalty—

for a first offence—40 penalty units or 6 months imprisonment; or

for a second offence—60 penalty units or 9 months imprisonment; or

for a third or later offence—100 penalty units or 12 months imprisonment.

A person who is in or on a vehicle that is in a public place must not wear or carry a prohibited item so that the item can be seen from the public place.Maximum penalty—

for a first offence—40 penalty units or 6 months imprisonment; or

for a second offence—60 penalty units or 9 months imprisonment; or

for a third or later offence—100 penalty units or 12 months imprisonment.

In this section—prohibited item see the Liquor Act 1992, section 173EA.

For section 10C(1) and (2), it is a defence for the person to prove—

the person engaged in the conduct that is alleged to constitute the offence for a genuine artistic, educational, legal or law enforcement purpose; and

the person’s conduct was, in the circumstances, reasonable for that purpose.