Offence—ban orders
24 Offence—ban orders
This section applies if a person (an offender)—
has been convicted or found guilty of a ban order offence; or
is banned from a place under a corresponding law; or
has been convicted or found guilty of a corresponding ban order offence.
An interested person may apply to the Magistrates Court for 1 or more of the following orders:
an order banning the offender from entering a stated event venue or future venue (or stated part of the venue) for the crowd management period for the relevant event;
an order banning the offender from attending a stated part of a stated—
major event; or
important sporting event; or
future event.
The interested person must give notice of the application to the offender.
The court may make the order if satisfied that—
there is a significant risk that the offender may disrupt a major event, important sporting event or future event; and
making the order is likely to reduce the risk.
An order must be for a period not longer than 12 months.
On application from the offender, the court must revoke an order under this section if after the order was made—
if subsection (1) (a) applies to the offender—the offender successfully appealed against the conviction for, or finding of guilt of, the ban order offence; or
if subsection (1) (b) applies to the offender—the order in the other jurisdiction is revoked.
An offender commits an offence if—
an order under this section applies to the offender; and
the offender enters an event venue in contravention of the order.
Maximum penalty: 50 penalty units.
In this section:
ban order offence means an offence against—
the following provisions of this Act:
section 13 (Offences—unauthorised entry to event venue);
section 14 (Offence—interference with event);
section 15 (Offence—possessing prohibited item), if the prohibited item is an item mentioned in section 12 (1), definition of prohibited item, paragraph (a) (i) to (v);
section 23 (Offences—failure to comply with direction); or
the following provisions of the Crimes Act 1900, committed by the offender in an event venue during the crowd management period for the event:
section 19 (Intentionally inflicting grievous bodily harm);
section 20 (Recklessly inflicting grievous bodily harm);
section 21 (Wounding);
section 22 (Assault with intent to commit other offence);
section 23 (Inflicting actual bodily harm);
section 24 (Assault occasioning actual bodily harm);
section 25 (Causing grievous bodily harm);
section 26 (Common assault);
section 27 (Acts endangering life etc);
section 28 (Acts endangering health etc);
section 30 (Threat to kill);
section 31 (Threat to inflict grievous bodily harm);
section 33 (Possession of object with intent to kill etc);
section 35A (Affray);
section 116 (Destroying or damaging property);
section 391 (Fighting);
section 393 (Indecent exposure); or
the following provisions of the Liquor Act 2010, committed by the offender in an event venue during the crowd management period for the event:
section 108 (Offence—abuse, threaten, intimidate staff);
section 138 (Offence—remain in or re-enter vicinity of premises).
corresponding ban order offence means an offence under a law of another Australian jurisdiction—
prescribed by regulation; or
that substantially corresponds to a ban order offence under this section.
corresponding law means a law of another Australian jurisdiction—
prescribed by regulation; or
that substantially corresponds to this section.
crowd management period means—
for a major event—the major event declaration period; and
for an important sporting event—the important sporting event notice period.
future event means an event that is likely to be the subject of—
a declaration under section 6 (Major event—declaration); or
a notice under section 9 (Important sporting event—notice).
future venue means a venue that is likely to be the subject of—
a declaration under section 6 (Major event—declaration); or
a notice under section 9 (Important sporting event—notice).
interested person means—
the chief police officer; or
an event organiser; or
a venue manager.
Part 4 Protection of commercial arrangements
Division 4.1 Protected symbols
This Act’s bill:Explanatory statementSecond reading speech
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