Peace and Good Behaviour Act 1982

The court may make, or extend, a public safety order for the respondent if the court 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

making or extending the order is appropriate in the circumstances.

In considering whether or not to make or extend the order, the court 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;

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 who is the subject of 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 or extending the order will reduce the risk to public safety or security or effective traffic management;

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

The court may also consider anything else the court considers relevant.

In deciding whether a respondent satisfies a matter under subsection (1) or (2) in the case of a respondent that is a group of persons, the court must consider the extent to which members of the group, as opposed to every member of the group, satisfy the matter.

The public safety order may be made or extended whether or not the respondent is present or makes submissions.