Appeal victory unveils push for Qld nude beaches

Last updated 09:36 06/05/2008
Fairfax
HIT THE BEACH: A Queensland court ruling could pave the way for legalised nude beaches in the Australian state.

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A landmark legal case clearing lifelong nudist Ken Wenzel of wilful exposure charges could pave the way for Queensland's first legal nude beach.

A Maroochydore appeal court last week overturned Mr Wenzel's 2006 conviction for sunbaking nude on a public beach.

The magistrate found the pro-nude beach campaigner and artist, 77, of Booroobin, had not wilfully exposed himself at isolated Third Bay beach at Coolum, in 2005.

Mr Wenzel's solicitor, Paul O'Shea, said the magistrate had taken into account that police had turned a blind eye to competitors in events such as the annual Nude Olympics in the Noosa National Park, yet arrested individuals who visited "unofficial" nude beaches.

"As his honour said, there seems to be a double standard in Queensland when hundreds of people can go nude on one beach without charge, while elderly persons on another even more secluded beach are charged for the same behaviour," Mr O'Shea said.

Queensland Police Minister Judy Spence has weighed into the debate,saying she would "read with interest" any proposal from local government asking the State Government to allow a nude beach.

Last week Ms Spence said the Summary Offences Act 2005 prohibited nude beaches in Queensland.

To change the law, a local council must ask the Government to amend the Act, she said.

The Government could then delegate power to the council to designate a "clothing optional beach".

Lobby group Free Beaches Australia said it would resubmit a proposal for a nudist beach at Alexandria Bay or another location to the Sunshine Coast Regional Council.

Mayor Bob Abbott said he would "react" once he received a formal submission.

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