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Unregulated High Risk Activities

What the law says

Sections 14 0f the Summary Offences Act Queensland states:

  1. A person must not unlawfully do any of the following
    • (a) parachute or hang-glide onto a building or structure;
    • (b) BASE jump or hang glide from a building or structure;
    • (c) Climb up or down the outside of a building or a structure;
    • (d) Abseil from a building or structure.

See the Police Powers and Responsibilities Act 2000, section 391A for safeguards applying to starting proceedings for particular offences in this division.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused unlawfully parachuted or hang glided onto a building or a structure;
  2. The accused unlawfully BASE jumped or hang glide from a building or structure;
  3. The accused unlawfully climbed up or down the outside of a building or a structure;
  4. The accused unlawfully abseiled from a building or structure.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Unregulated High Risk Activities is 20 Penalty units or 1 years imprisonment. 

A court may order the person found guilty or who pleads guilty to this offence to pay a stated person the costs the court decides are the other person's costs for rescuing or attempting to rescue the person.

Which court will hear the matter

This matter is simple offence which means it is dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused did the act involving a building or structure that has been built for use or designed for that purpose.
  2. The accused did the act involving a building or structure for a stunt performed with the permission of the owner of the building or structure as part of the accused's employment for the production of a cinematographic film or for television.
  3. The accused climbed up or down the building or structure for cleaning, maintaining or repairing the building or structure.
  4. Identification i.e. not the accused

Criminal Law Article written by Bill Potts (a Queensland criminal defence lawyer who is experienced in Unregulated High Risk Activities matters)

 

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