Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 6

6 Public nuisance

(1) A person must not commit a public nuisance offence.

Penalty—

Maximum penalty—

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

(b) otherwise—10 penalty units or 6 months imprisonment.

(2) A person commits a public nuisance offence if—

(a) the person behaves in—

(i) a disorderly way; or

(ii) an offensive way; or

(iii) a threatening way; or

(iv) a violent way; and

(b) 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.

(3) Without limiting subsection (2) —

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

(b) a person behaves in a threatening way if the person uses threatening language.

(4) 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.

(5) 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.

(6) 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—

(a) within licensed premises, or in the vicinity of licensed premises;

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