Reform of Vagrancy Laws in Queensland: The Summary Offences Bill 2004 (Qld)
INTRODUCTION
The Summary Offences Bill 2004 (Qld) (the Bill) represents an overhaul and
reform of a range of summary offences and provides for certain ‘pre-emptive’
offences. The Bill will also repeal the Vagrants, Gaming and Other Offences Act
1931 (Qld) (Vagrants Act) while recasting some of its more contemporary offences
as new provisions of the Bill. Of particular note is the proposed removal of a
provision which deems a person to be a vagrant on certain grounds such as ‘having
no visible lawful means of support’ or ‘pretend[ing] … to tell fortunes for gain…’. The
offences established by the Bill, set out in Part 2, are –
• Offences about quality of community use of public spaces;
• Offences involving presence on property;
• Possession offences;
• Offences of performing particular body piercing and tattooing on minors;
and
• Other offences.
Part 3 contains procedural provisions. Offences against the new laws will be
simple offences proceedings which are to be brought summarily under the Justices
Act 1886 (Qld). The Part also provides that, for certain possession offences, the
thing to which the offence relates may be ordered to be forfeited to the State. An
evidentiary provision is included.
Part 4 repeals the Vagrants Act and Schedule 1 provides for the amendment of
other Acts.