POLICE have warned that bare-breasted sunbathers could face hundreds of dollars in fines and possible imprisonment if they are judged a public nuisance.

Under section six of the Summary Offences Act, behaviour judged to be offensive, or to interfere with enjoyment of a public place, could attract a $750 fine or six months in prison.

"If it is offensive, police can act," a Queensland Police spokeswoman told The Cairns Post. She said cases were judged on their individual merits.

"It does depend on the circumstances," she said.

"Topless on a beach may not be considered offensive, however walking topless in the city may be."

And while Cairns City Council has approved the flesh-fest, local by-laws could not override state legislation, she said.

"Police would suggest that if anyone has a complaint or is offended by someone taking their top off on the Esplanade, it will be examined."

Earlier this week, Cairns Regional Council Mayor Val Schier dismissed fears the Esplanade was drawing "pervs and oglers".

She revealed she too had "bared her naked body to the sun".

Yesterday, Cr Schier said the status quo had worked well until now.

"Anyone who's been offended by it moves themselves to some other part of the pool.

"It really hasn't been an issue.

"I think very occasionally people say they're offended by it, but they go elsewhere."

And she said: "People aren't particularly exhibitionist about it.

"They're just quietly reading their book and exposing themselves to skin cancer."

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