Police officer may make short‑term exclusion order
152ND Police officer may make short‑term exclusion order
A police officer may make an order prohibiting a person from entering or remaining in all protected entertainment precincts.
The police officer must not make the order unless the officer is satisfied, on reasonable grounds, that making the order is necessary because —
the person has behaved in an unlawful, anti‑social, violent, disorderly, offensive, indecent or threatening way (whether or not the behaviour arose from, or was related to, the use of liquor); and
the location where the behaviour occurred —
was, at the time the behaviour occurred, a public place; and
was, at the time the behaviour occurred, in a protected entertainment precinct; and
is, at the time the order is to be made, in a protected entertainment precinct;
and
there is a risk that, unless the order is made, the person will behave in a way that —
causes violence or public disorder in a protected entertainment precinct; or
has an adverse effect on the safety or welfare of persons in a protected entertainment precinct.
Before making the order, the police officer must obtain the approval of a police officer who is, or is acting as, an Inspector or an officer of a rank more senior than Inspector, unless the officer making the order is, or is acting as, such an officer.
In making the order, the police officer may specify in the order any terms or conditions that the officer thinks fit (including, without limitation, terms or conditions that provide exceptions to the prohibition in the order).
A short‑term exclusion order has effect subject to any terms or conditions specified in the order.
The approval referred to in subsection (3) may be sought and given orally (including, for example, in person or by telephone), but if given orally must be confirmed in writing as soon as practicable after it is given.
Failure to confirm the approval in writing does not invalidate the approval or anything done under the approval.
[Section 152ND inserted: No. 44 of 2022 s. 16; amended: No. 25 of 2023 s. 21.]
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