Peace and Good Behaviour Act 1982

A commissioned officer may make a public safety order for a person or a group of persons (the respondent) if the commissioned officer is satisfied—

the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and

it is more appropriate to make an order under this division than applying to the court for an order of longer duration under division 3; and

making the order is appropriate in the circumstances.

A reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.

In considering whether or not to make the order, the commissioned officer must have regard to the following—

the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;

the number of previous public safety orders made for the respondent;

whether the respondent is or has been a participant in a criminal organisation or the subject of a control order;

whether the respondent associates, or has associated with—

a participant in a criminal organisation; or

a person subject to a control order; or

a recognised offender; or

an associate of a recognised offender;

if advocacy, protest, dissent or industrial action is the likely reason for the respondent being present at the premises or event or within the area—the public interest in maintaining freedom to participate in those activities;

whether the degree of risk involved justifies the imposition of the conditions to be stated in the order, having regard, in particular, to any legitimate reason the respondent may have for being present at the premises or event or within the area;

the extent to which making the order will reduce the risk to public safety or security or effective traffic management;

the extent to which making the order will assist in achieving the objects of this Act.