Police officer may leave direction requiring cessation of public display of insignia
124ZT Police officer may leave direction requiring cessation of public display of insignia
A police officer may give a direction in accordance with this section in relation to particular property if—
the police officer reasonably believes that a person is committing an offence against section 124ZN by publicly displaying a mark at or on that property; and
there is no person present who appears to be—
the owner or occupier of that property; or
otherwise in control of that property.
A direction under this section requires a person who is specified in the direction to cease the public display of the mark.
A police officer may specify a person in the direction only if—
the person is an individual who is 18 years old or older, or a body corporate; and
either—
the person is the owner or occupier of the property at or on which the mark is publicly displayed; or
the person is otherwise in control of that property.
A police officer who gives a direction under this section—
need not identify a person specified in the direction by name; and
may instead specify a person by reference to how they relate to the property at or on which the mark is publicly displayed.
Examples
1 If the mark is publicly displayed on a motor vehicle, the police officer may specify that it is the registered operator of that motor vehicle who is required to cease the public display.
2 If the mark is publicly displayed in the front window of a residence, the police officer may specify that it is the occupier of that residence who is required to cease the public display.
If—
a direction specifies a person by reference to how the person relates to property at or on which a mark is displayed; and
more than one person relates to the property in that way—
the direction is to be taken to specify each person who relates to the property in that way.
Example
If the direction specifies that it is the occupier of a residence who is required to cease a public display, and the residence has 2 occupiers, the direction is to be taken to specify each of them.
A police officer who gives a direction under this section must specify in the direction a reasonable time within which the public display must cease.
A police officer who gives a direction under this section must do so in writing, by leaving the direction at or affixed to the property so that the direction is conspicuous.
A direction under this section in which it is purportedly specified an individual who is younger than 18 years old is to be taken not to specify that person.
S. 124ZU inserted by No. 37/2024 s. 93.
This Act’s bill:Explanatory memorandumSecond reading speech
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