Introduction. This Chapter creates offences which are grouped under the following headings:• General offences—relating to failure to obtain an approval and failure to comply with an approval or order• Public places• Water, sewerage and stormwater drainage offences• Parking—relating to parking in free parking areas• Offence relating to civic office• Offences relating to buildings• Miscellaneous.
The Chapter does not contain all offences created under this Act. Other offences are found in section 312 in Chapter 10 (How are people elected to civic office?), sections 475, 476 and 480 in Chapter 14 (Honesty and disclosure of interests) and section 680 in Chapter 17 (Enforcement).
The regulations may also create offences, for example, offences relating to elections.
Other Acts will be relevant to the provisions of this Chapter, including the Crimes Act 1900, the Criminal Procedure Act 1986 and the Children (Criminal Proceedings) Act 1987. For example, under section 5 of the Children (Criminal Proceedings) Act 1987, it is to be conclusively presumed, in all criminal proceedings, that no child who is under the age of 10 years can be guilty of an offence.
Penalties for offences are expressed in penalty units. Under section 17 of the Crimes (Sentencing Procedure) Act 1999, the amount of a penalty unit is currently $110.
This Chapter also contains provisions relating to the creation and enforcement of alcohol prohibited areas (relating to drinking in public places generally—see section 632A) and alcohol-free zones (relating to street drinking—see Part 4). These provisions do not create offences in relation to drinking in public places or streets but instead provide for confiscation and tip out powers.