Restricted Premises Act 1943

This Act may be cited as the Restricted Premises Act 1943.

In this Act unless the context or subject matter otherwise indicates or requires—

appropriate Court, in relation to a declaration under Part 2, means the Court that made the declaration.

area, in relation to a local council, means the area of the council within the meaning of the Local Government Act 1993.

associate of a reputed criminal includes (without limitation) a person who has been given an official warning under section 93X of the Crimes Act 1900.

brothel means premises—

habitually used for the purposes of prostitution, or

that have been used for the purposes of prostitution and are likely to be used again for that purpose, or

that have been expressly or implicitly—

advertised (whether by advertisements in or on the premises, newspapers, directories or the internet or by other means), or

represented,

as being used for the purposes of prostitution, and that are likely to be used for the purposes of prostitution.

Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.

explosive has the same meaning as in the Explosives Act 2003.

Licensed premises has the meaning ascribed to it in the Liquor Act 2007.

Liquor has the meaning ascribed to it in the Liquor Act 2007.

Occupier of premises includes the lessee or sub-lessee who is not the owner as defined in this section.

Owner of premises includes every person who is, whether by law or in equity—

entitled to the same for any estate of freehold in possession, or

in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive the rents and profits of the same.

In the case of premises sub-leased owner includes any lessee or sub-lessee from whom a sub-lessee holds.

Premises includes any building and any part of any building but does not include licensed premises or the premises of any registered club.

related sex uses means the following—

the use of premises for the provision of sexual acts or sexual services in exchange for payment,

the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,

the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.

reputed criminal includes (without limitation) a person who—

has been convicted of an indictable offence (including an offence under section 93X of the Crimes Act 1900), or

is engaged in an organised criminal activity within the meaning of section 46AA of the Law Enforcement (Powers and Responsibilities) Act 2002, or

is a controlled member of a declared organisation within the meaning of the Crimes (Criminal Organisations Control) Act 2012.

reputed criminal declaration—see section 3 (3).

senior police officer means a police officer of or above the rank of sergeant.

weapon means—

a firearm, or an imitation firearm, within the meaning of the Firearms Act 1996, or

a prohibited weapon within the meaning of the Weapons Prohibition Act 1998.

Notes included in this Act are explanatory notes and do not form part of this Act.

On a senior police officer showing reasonable grounds for suspecting that all or any of the following conditions obtain with respect to any premises, that is to say—

that drunkenness or disorderly or indecent conduct or any entertainment of a demoralising character takes place on the premises, or has taken place and is likely to take place again on the premises, or

that liquor or a drug is unlawfully sold or supplied on or from the premises or has been so sold or supplied on or from the premises and is likely to be so sold again on or from the premises, or

that reputed criminals or associates of reputed criminals are to be found on or resort to the premises or have resorted and are likely to resort again to the premises, or

that any of the persons having control of or managing or taking part or assisting in the control or management of the premises—

is a reputed criminal or an associate of reputed criminals, or

has been concerned in the control or management of other premises which have been the subject of a declaration under this Part, or

is or has been concerned in the control or management of premises which are or have been frequented by persons of notoriously bad character or of premises on or from which liquor or a drug is or has been unlawfully sold or supplied,

(Repealed)

the Supreme Court or the District Court may declare such premises to be premises to which this Part applies.

Such declaration shall be in force until rescinded.

The appropriate Court may, in declaring premises to be premises to which this Part applies, state that the reason (or the predominant reason) for the declaration is that—

reputed criminals have attended or are likely to attend the premises, or

a reputed criminal has, or takes part or assists in, the control or management of the premises.

Any such declaration is a reputed criminal declaration for the purposes of this Act.

Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it—

by the owner or occupier of the premises the subject of the declaration, if the Court is satisfied the conditions referred to in section 3 (1) in respect of which the declaration was made—

have ceased for a continuous period of at least 12 months before the application is made, and

are unlikely to reoccur at the premises, or

by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.

For the purposes of subsection (1) (a), the burden of establishing that the conditions have ceased and are unlikely to reoccur lies on the owner or occupier of the premises.

Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application.

An owner or occupier may not make more than one application for the rescission of a declaration in respect of the same premises within any 12 month period.

Notice of any such declaration or any rescission of the same shall be published in the Gazette.

In any proceedings under this Act the production of a copy of the Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.

A senior police officer is to cause notice of the making of a declaration under this Part to be served on the owner or occupier of the premises to which the declaration relates—

personally, or

if personal service cannot be effected promptly, by causing a copy of the notice to be fixed at or near to the entrance of the premises.

A person must not deface, destroy, cover or remove a copy of a notice fixed under this section at or near the entrance to premises unless the person is a police officer or the owner or occupier of the premises.

Maximum penalty (subsection (2)): 20 penalty units.

After the service of a notice under section 6 on the owner of premises of the making of a declaration, the owner is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.

Maximum penalty—50 penalty units or imprisonment for 6 months, or both.

An owner of premises is not guilty of an offence under subsection (1) if the owner proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.

After the service of a notice under section 6 on the owner of premises of the making of a reputed criminal declaration, the owner is guilty of an offence if, while the declaration is in force, a reputed criminal—

attends the premises, or

has, or takes part or assists in, the control or management of the premises.

Maximum penalty—150 penalty units or imprisonment for 3 years, or both.

An owner of premises is not guilty of an offence under subsection (2A) if the owner proves that he or she has taken all reasonable steps to prevent a reputed criminal—

attending the premises, or

having, or taking part or assisting in, the control or management of the premises.

A person is not liable to be convicted of an offence under both subsections (1) and (2A) in respect of essentially the same facts.

An owner of premises that are occupied by a person other than the owner is not guilty of an offence under this section if the owner proves that he or she has taken all reasonable steps to evict the occupier from the premises.

After the service of a notice under section 6 on the occupier of premises of the making of a declaration, the occupier is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.

Maximum penalty—50 penalty units or imprisonment for 6 months, or both.

An occupier of premises is not guilty of an offence under subsection (1) if the occupier proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.

After the service of a notice under section 6 on the occupier of premises of the making of a reputed criminal declaration, the occupier is guilty of an offence if, while the declaration is in force, a reputed criminal—

attends the premises, or

has, or takes part or assists in, the control or management of the premises.

Maximum penalty—150 penalty units or imprisonment for 3 years, or both.

An occupier of premises is not guilty of an offence under subsection (3) if the occupier proves that he or she has taken all reasonable steps to prevent a reputed criminal—

attending the premises, or

having, or taking part or assisting in, the control or management of the premises.

A person is not liable to be convicted of an offence under both subsections (1) and (3) in respect of essentially the same facts.

While any such declaration is in force with respect to any premises any member of the Police Force may, without warrant, do any of the following—

enter the said premises,

enter any land or building which the member has reasonable grounds to suspect is used as a means of access to or of exit or escape from the same,

pass through, from, over and along any other land or building for the purpose of entering in pursuance of paragraph (a) or paragraph (b),

for any of the purposes aforesaid break open doors, windows, and partitions, and do such other acts as may be necessary,

search such premises for, and seize, any liquor and any drug in such premises and any drinking glass, vessel, container or device in such premises which is used or is capable of being used for or in connection with the storage, supply or consumption of any liquor or drug or the user or taking of any drug,

search the premises for, and seize, any weapon or explosive,

exercise any of the powers conferred under this subsection with the aid of any assistants the member considers necessary.

Note.

A police officer is authorised to use a dog to carry out general drug detection at the premises under section 148 of the Law Enforcement (Powers and Responsibilities) Act 2002. Section 196 of that Act also authorises the use of dogs for general firearms or explosives detection.

If the occupier of premises is not present when a member of the Police Force enters the premises under this section, the member must notify the occupier of the premises as soon as practicable after the entry.

Failure to notify the occupier of the premises under subsection (2) does not make the exercise of power conferred on a member of the Police Force by this section unlawful.

Any person who wilfully obstructs or aids in obstructing or solicits any other person to obstruct or aid in obstructing a member of the Police Force in the exercise of any power conferred on the member by this Act shall be guilty of an offence against this Act and is liable to a penalty not exceeding 50 penalty units or imprisonment for 6 months, or both.