Liquor Control Act 1988

A police officer may make a banned drinker order for a person who —

is charged with an alcohol‑related offence; or

is named as the person bound by a police FVRO, if the police officer who makes the police FVRO believes on reasonable grounds that the person was affected by liquor at the time of engaging in the conduct to which the police FVRO relates; or

if the circumstances referred to in subsection (2) exist —

is taken into alcohol‑related protective custody; or

is given an alcohol‑related infringement notice.

For the purposes of subsection (1)(c), the circumstances are that, within the previous 2 years, the person was —

taken into alcohol‑related protective custody at least twice; or

given at least 2 alcohol‑related infringement notices; or

taken into alcohol‑related protective custody at least once and given at least 1 alcohol‑related infringement notice.

A police officer who is not a senior officer must not make a banned drinker order under subsection (1) unless the officer has the approval of a senior officer to make the order.