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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Summary Offences and Other
Acts Amendment Bill 2008
Queensland
Summary Offences and Other Acts
Amendment Act 2008
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 2 Amendment of Summary Offences Act 2005
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of s 7 (Review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 Urinating in a public place . . . . . . . . . . . . . . . . . . . . . 4
Part 3 Amendment of Police Powers and Responsibilities Act 2000
5 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Amendment of s 377 (Additional case when arrest of adult may
be discontinued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
7 Amendment of s 394 (Duty of police officer receiving custody of
person arrested for offence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Part 4 Amendment of Environmental Protection and Other
Legislation Amendment Act (No. 2) 2008
8 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
9 Amendment of s 66 (Insertion of new sch 1AA) . . . . . . . . . . . . . . 7
2008
A Bill
for
An Act to amend the Summary Offences Act 2005, the Police
Powers and Responsibilities Act 2000 and the Environmental
Protection and Other Legislation Amendment Act (No. 2) 2008
for particular purposes
Summary Offences and Other Acts Amendment Bill 2008
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Summary Offences and Other 4
Acts Amendment Act 2008. 5
Clause 2 Commencement 6
Part 3 commences on 1 January 2009. 7
Part 2 Amendment of Summary 8
Offences Act 2005 9
Clause 3 Act amended in pt 2 10
This part amends the Summary Offences Act 2005. 11
Clause 4 Replacement of s 7 (Review) 12
Section 7-- 13
omit, insert-- 14
`7 Urinating in a public place 15
`(1) A person must not urinate in a public place. 16
Maximum penalty--2 penalty units. 17
`(2) In a proceeding for an offence against subsection (1), 18
evidence that liquid was seen to be discharged from the 19
vicinity of a person's pelvic area is enough evidence that the 20
person was urinating. 21
Page 4
Summary Offences and Other Acts Amendment Bill 2008
Part 3 Amendment of Police Powers and Responsibilities Act 2000
[s 5]
`(3) In this section-- 1
public place does not include a facility in a public place that is 2
designed for use as a toilet.'. 3
Part 3 Amendment of Police Powers 4
and Responsibilities Act 2000 5
Clause 5 Act amended in pt 3 6
This part amends the Police Powers and Responsibilities Act 7
2000. 8
Clause 6 Amendment of s 377 (Additional case when arrest of 9
adult may be discontinued) 10
(1) Section 377(5), definitions infringement notice and 11
infringement notice offence-- 12
relocate to schedule 6. 13
(2) Section 377(5), as amended-- 14
omit. 15
Clause 7 Amendment of s 394 (Duty of police officer receiving 16
custody of person arrested for offence) 17
(1) Section 394(2)-- 18
insert-- 19
`(ca) for a person arrested for a prescribed public nuisance 20
offence committed, or reasonably suspected by the 21
arresting police officer of having been committed, in the 22
prescribed area--issue and serve on the person an 23
infringement notice for the prescribed public nuisance 24
offence and any associated offence; or'. 25
(2) Section 394(5)-- 26
Page 5
Summary Offences and Other Acts Amendment Bill 2008
Part 3 Amendment of Police Powers and Responsibilities Act 2000
[s 7]
renumber as section 394(6). 1
(3) Section 394-- 2
insert-- 3
`(5) A regulation may declare the boundaries of the police districts 4
comprising the prescribed area for subsection (2)(ca).'. 5
(4) Section 394(6), as renumbered-- 6
insert-- 7
`associated offence, in relation to a prescribed public 8
nuisance offence, means an offence (whether committed 9
within or outside the prescribed area) against either or both of 10
the following provisions, unless the offence also involves an 11
offence against the person-- 12
(a) section 790(1), but only to the extent that it relates to 13
obstructing a police officer in the performance of a 14
police officer's duties in relation to a prescribed public 15
nuisance offence; 16
(b) section 791(2), but only to the extent that it relates to a 17
requirement to state a person's correct name and address 18
in relation to a prescribed public nuisance offence. 19
prescribed area means the South Brisbane and Townsville 20
police districts. 21
Note-- 22
Indicative maps of the police districts may be located on the police 23
service website. 24
26
prescribed public nuisance offence means an offence against 27
the Summary Offences Act 2005, section 6(1) or 7(1), unless 28
the offence also involves an offence against the person.'. 29
Page 6
Summary Offences and Other Acts Amendment Bill 2008
Part 4 Amendment of Environmental Protection and Other Legislation Amendment Act (No.
2) 2008
[s 8]
Part 4 Amendment of Environmental 1
Protection and Other 2
Legislation Amendment Act 3
(No. 2) 2008 4
Clause 8 Act amended in pt 4 5
This part amends the Environmental Protection and Other 6
Legislation Amendment Act (No. 2) 2008. 7
Clause 9 Amendment of s 66 (Insertion of new sch 1AA) 8
Section 66, new schedule 1AA, part 1, section 3-- 9
insert-- 10
`(i) noise from a special event prescribed under a regulation 11
for the Major Sports Facilities Act 2001, section 30A 12
that complies with any conditions prescribed under the 13
regulation, for the use of the facility where the event 14
takes place, about noise levels for the event.'. 15
Editor's note-- 16
The legislation ultimately amended is the Environmental Protection Act 17
1994. 18
© State of Queensland 2008
Page 7
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