Peace and Good Behaviour Act 1982

Despite any other provision of this division, a commissioned officer must not do any of the following unless authorised by a court under this section—

make a public safety order for the same respondent in relation to the same stated premises, stated event or stated area more than 3 times in a period of 6 months;

make a public safety order for a respondent that takes effect immediately after the end of a previous public safety order for the respondent;

make a public safety order for a respondent of a duration of no more than 72 hours if a public safety order under this division has been made for the respondent within the immediately preceding 7 days.

A commissioned officer may apply to a court for an order (an authorisation order) authorising the officer to make a public safety order of a type mentioned in subsection (1).

An authorisation order may be made by the court on an application made without notice to any person.

The grounds of an application for an authorisation order must be verified by affidavit.

An application to the court for an authorisation order may be made and dealt with by a magistrate by telephone as follows—

the commissioned officer must inform the magistrate—

of the officer’s name and rank; and

that the officer is a commissioned officer;

the magistrate must be satisfied the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the commissioned officer, by the oral questioning of the commissioned officer and any other available witnesses by telephone;

if the magistrate is not satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the magistrate may adjourn the hearing of the application to a time and place fixed by the magistrate;

if the magistrate is satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the officer must inform the magistrate of the grounds on which the officer proposes to make the public safety order and the conditions the officer proposes to include in the order;

if the magistrate is satisfied it is appropriate for the commissioned officer to make the public safety order, the magistrate—

must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and

must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;

if the commissioned officer gives an undertaking mentioned in paragraph (e), the magistrate may make the authorisation order, noting on the order the facts that justify, in the magistrate’s opinion, the making of the public safety order;

the commissioned officer must, as soon as practicable after the making of the public safety order, give the magistrate an affidavit verifying the facts mentioned in paragraph (e).

For subsection (5)(a), the magistrate, on receiving the information mentioned in that paragraph, may assume, without further inquiry, that the commissioned officer is authorised to make an application under this section.