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SUMMARY OFFENCES ACT 2005 - SECT 7
Urinating in a public place
7 Urinating in a public place
(1) A person must not urinate in a public place, other than by using a toilet.
Penalty— Maximum penalty— (a) if the person urinates within licensed
premises, or in the vicinity of licensed premises—4 penalty units; or
(b)
otherwise—2 penalty units.
(2) 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.
(3) 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.
(4) Without limiting
subsection (3) , the police officer must have regard to the following
circumstances— (a) whether any vulnerability, or special health needs, of
the person contributed to the person committing the offence;
(b) whether the
person, when committing the offence, took reasonable steps to avoid offending
or embarrassing anyone.
(5) In this section—
"enforcement action" , in relation to an offence against subsection (1) ,
means— (a) starting a proceeding for the offence; or
(b) serving an
infringement notice for the offence.
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