Direction may be given to person
48 Direction may be given to person
A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.Examples for subsection (1)—
1 If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.
2 If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.
3 If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.
Without limiting subsection (1), a police officer may give to a person or group of persons doing a relevant act in a regulated place that is a designated business and community precinct a direction to leave and not return or be within the precinct for a stated period of not more than 24 hours.
However, a police officer must not give a direction under subsection (1) or (2) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—
public safety; or
public order; or
the protection of the rights and freedoms of other persons.
Examples of rights and freedoms for subsection (3)(c)—
1 the rights and freedoms of the public to enjoy the place
2 the rights of persons to carry on lawful business in or in association with the place
Without limiting subsection (1), a direction may require a person to do 1 of the following—
leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;
leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;
move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.
The police officer must tell the person or group of persons the reasons for giving the direction.
This Act’s bill:Explanatory memorandum
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