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While offensive behaviours are usually prosecuted in a court, the degree of offence can determine the type of court that hears the matter. Summary offences in Queensland can be heard in lower courts (Magistrate/Local courts depending on the territory) or are heard "summarily" by higher courts.
In Queensland, offensive behaviours are legislated by the Summary Offenses Act 2005 (Qld). It usually specifies/prohibits certain unlawful actions, especially regarding a person and their behaviours in the community.
If an individual is convicted in a Queensland court for an Offensive Behaviour offence, the offence will show up as a disclosable court outcome (DCO) on a criminal history check in Queensland.
Not all behaviour offences may be prosecuted in court. The Police officer may - seeing the triviality of the case, opt to fine the offender. However, the accused can contest such "on-the-spot" fines in court for a full-court proceeding.
Some of the offences of ill behaviour are described in Division 1 of the Summary Offenses Act 2005 (Qld) to include;
Some many actions or circumstances may constitute such offence under Queensland laws. It is an offence that carries;
If a person commits any ill behaviour in a licensed/private environment or around its vicinity.
Section 6 of the Summary Offenses Act 2005 (Qld) tags it public nuisance offence if the person;
Or, through any of the actions, the person is likely to interfere or cause congestion to free flow.
Subsection 3 of Section 6 of the Act further explains this part where a person can be guilty if they;
For most public nuisance offences, a person doesn't need to complain to an officer before they begin a proceeding against the offender.
It is indecent to urinate in a public place or a private area not designated for such. Anyone found guilty of such offence is guilty of an offence that incurs;
It is evidence that the person urinates if the liquid was discharged from their pelvic region.
Section 8 of the Summary Offenses Act 2005 (Qld) prohibits a person from causing a nuisance by soliciting alms in public areas. This section may be expanded to mean;
It is an offence that carries the maximum penalty up to;
It is prohibited for a person to expose any sensual part of their body in any public place. It includes exposure of genitals or any other sexual behaviours in an area dominated by kids or where they are likely to be present.
For this section, it is also an offence if the person committed such an act in a private area that the public can easily assess. Unless the person has a reasonable excuse, it is entirely abhorrent behaviour under Queensland laws.
One guilty of an offence if intoxicated in a public area through liquor or other substances. It is an offence that incurs as much as two penalty units.
Section 10A of the Summary Offenses Act 2005 (Qld) describes an offence where three or more persons are gathered for a specific purpose. It is an unlawful assembly if their shared purpose were such that would;
Each person in the gathering are guilty of an offence that incurs;
When the court hears such cases, it is immaterial that;
It is unlawful for a person to break into or remain in a yard for dwelling in an illegal manner.
It is an offence that incurs as much as 20 penalty units or one year's imprisonment for a person to enter private premises and remain there illegally.
If the area was a business premise, it is an unlawful act that incurs as much as
This section does not include an industrial officer that enters the business.
It is a criminal act for a person to drive or operate a motorbike on private land contravention of the local law. It is an offence that incurs as much as 20 penalty units.
It is an offence that two or more persons to unlawfully enter;
It is an offence to remain in any of these buildings. It is an offence that incurs penalties up to 10 penalty units or six months imprisonment.
It is an offence to possess an implement or equipment that can be used to commit further offences like;
These offences incur as much as 20 penalty units or 1 year imprisonment. It is also an offence to possess any of these equipment if used to commit crime.
While stealing is a severe offence under Australian and Queensland laws, possessing such an item is also an offence. If you cannot convincingly prove to the court about the origin of such material, you are liable to fines up to
It is a minor offence under Section 17 of the Summary Offenses Act 2005 (Qld) for a person to possess a material or instrument that is;
It is an offence that incurs 20 penalty units or 1-year imprisonment. However, for this offence, the court may issue a community corrections order in the place of a fine or imprisonment term.
It is a criminal act under section 20 of the Summary Offenses Act 2005 (Qld) to intentionally prevent or enter any activity that will contain a public meeting. It is an offence that incurs as much as ten penalty units or six months imprisonment.
It is an offensive act under section 21 of the Act to publish any misleading and untrue information about;
Where any of these events are untrue and misleading to the public. It is an offence that incurs as much as ten penalty units or six months imprisonment
It is an offence for a person to throw or send a missile in a public space or event that may;
It is an offence that incurs as much as ten penalty units or six months imprisonment under the law.
If an individual is found guilty of an offensive behaviour offence in Queensland (QLD), the offence will show up as a disclosable court outcome (DCO) on the results of their criminal history check.
Individuals can obtain a nationally coordinated criminal history check via the Australian National Character Check - ANCC® website.
Summary Offenses Act 2005 (Qld) - https://www.legislation.qld.gov.au/view/html/inforce/current/act-2005-004
Summary Offenses Act 2005 (Qld) (Austlii References) - http://classic.austlii.edu.au/au/legis/qld/consol_act/soa2005189/
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