{"id":"qld:act-1982-067","name":"Peace and Good Behaviour Act 1982","slug":"peace-and-good-behaviour-act-1982","collection":"act","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"67 of 1982","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105001,"registerId":"qld-act-1982-067-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis Act may be cited as the Peace and Good Behaviour Act 1982 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis Act shall commence on a day appointed by proclamation.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 1 defines particular words used in this Act.\ns 3 prev s 3 om 7 December 1992 RA s 36\npres s 3 ins 2016 No. 62 s 257","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"Objects of Act","content":"### sec.4 Objects of Act\n\nThe main object of this Act is to protect the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct.\nOther objects of this Act are to—\ndisrupt and restrict the activities of criminals; and\ndeter criminals from establishing, maintaining or expanding a criminal network; and\nensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and\nensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and\nprevent intimidation of the public by criminals; and\nprotect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.\nThe objects are achieved by—\ngiving jurisdiction to magistrates to make orders that—\nrequire a person to keep the peace and be of good behaviour; or\nprevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or\nprevent disorderly activities from taking place at particular premises; or\nrequire the removal of excessive fortifications from particular premises; and\ngiving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and\ngiving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .\nIt is not the Parliament’s intention that powers under this Act be exercised in a way that diminishes the freedom of persons in the State to participate in advocacy, protest, dissent or industrial action.\nIn this section—\ncriminal means—\na recognised offender; or\nan associate of a recognised offender; or\na participant in a criminal organisation; or\na person subject to a control order.\ns 4 (prev s 3A) ins 2016 No. 62 s 257\nrenum 2016 No. 62 s 266\n(sec.4-ssec.1) The main object of this Act is to protect the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct.\n(sec.4-ssec.2) Other objects of this Act are to— disrupt and restrict the activities of criminals; and deter criminals from establishing, maintaining or expanding a criminal network; and ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and prevent intimidation of the public by criminals; and protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.\n(sec.4-ssec.3) The objects are achieved by— giving jurisdiction to magistrates to make orders that— require a person to keep the peace and be of good behaviour; or prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or prevent disorderly activities from taking place at particular premises; or require the removal of excessive fortifications from particular premises; and giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .\n(sec.4-ssec.4) It is not the Parliament’s intention that powers under this Act be exercised in a way that diminishes the freedom of persons in the State to participate in advocacy, protest, dissent or industrial action.\n(sec.4-ssec.5) In this section— criminal means— a recognised offender; or an associate of a recognised offender; or a participant in a criminal organisation; or a person subject to a control order.\n- (a) disrupt and restrict the activities of criminals; and\n- (b) deter criminals from establishing, maintaining or expanding a criminal network; and\n- (c) ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and\n- (d) ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and\n- (e) prevent intimidation of the public by criminals; and\n- (f) protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.\n- (a) giving jurisdiction to magistrates to make orders that— (i) require a person to keep the peace and be of good behaviour; or (ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or (iii) prevent disorderly activities from taking place at particular premises; or (iv) require the removal of excessive fortifications from particular premises; and\n- (i) require a person to keep the peace and be of good behaviour; or\n- (ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or\n- (iii) prevent disorderly activities from taking place at particular premises; or\n- (iv) require the removal of excessive fortifications from particular premises; and\n- (b) giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and\n- (c) giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .\n- (i) require a person to keep the peace and be of good behaviour; or\n- (ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or\n- (iii) prevent disorderly activities from taking place at particular premises; or\n- (iv) require the removal of excessive fortifications from particular premises; and\n- (a) a recognised offender; or\n- (b) an associate of a recognised offender; or\n- (c) a participant in a criminal organisation; or\n- (d) a person subject to a control order.","sortOrder":4},{"sectionNumber":"pt.2","sectionType":"part","heading":"Peace and good behaviour orders","content":"# Peace and good behaviour orders","sortOrder":5},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Making of orders","content":"## Making of orders","sortOrder":6},{"sectionNumber":"sec.5","sectionType":"section","heading":"Complaint in respect of breach of the peace","content":"### sec.5 Complaint in respect of breach of the peace\n\nA person (the complainant ) may make a complaint to a justice of the peace that a person has threatened—\nto assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or\nto procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or\nto destroy or damage any property of the complainant; or\nto procure any other person to destroy or damage any property of the complainant;\nand that the complainant is in fear of the person complained against (the defendant ).\nA person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant.\nIf the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue—\na summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or\na warrant to apprehend the defendant and to cause the defendant to be brought before a court;\nto answer the complaint and to be further dealt with according to law.\nIf the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 .\nIn this section—\ncomplaint means a written complaint made on oath.\ns 5 (prev s 4) amd 1997 No. 9 s 48 ; 2004 No. 43 s 66 ; 2016 No. 62 s 259\nrenum 2016 No. 62 s 266\n(sec.5-ssec.1) A person (the complainant ) may make a complaint to a justice of the peace that a person has threatened— to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to destroy or damage any property of the complainant; or to procure any other person to destroy or damage any property of the complainant; and that the complainant is in fear of the person complained against (the defendant ).\n(sec.5-ssec.2) A person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant.\n(sec.5-ssec.2A) If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue— a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or a warrant to apprehend the defendant and to cause the defendant to be brought before a court; to answer the complaint and to be further dealt with according to law.\n(sec.5-ssec.3) If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 .\n(sec.5-ssec.4) In this section— complaint means a written complaint made on oath.\n- (a) to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or\n- (b) to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or\n- (c) to destroy or damage any property of the complainant; or\n- (d) to procure any other person to destroy or damage any property of the complainant;\n- (a) a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or\n- (b) a warrant to apprehend the defendant and to cause the defendant to be brought before a court;","sortOrder":7},{"sectionNumber":"sec.6","sectionType":"section","heading":"Justice may make inquiries or receive evidence","content":"### sec.6 Justice may make inquiries or receive evidence\n\nThe justice of the peace, in the consideration of the substantiation of the matter of the complaint to the justice’s satisfaction, may make or cause to be made such inquiries and receive such evidence as the justice thinks fit.\ns 6 (prev s 5) renum 2016 No. 62 s 266","sortOrder":8},{"sectionNumber":"sec.7","sectionType":"section","heading":"Magistrates Court may make order","content":"### sec.7 Magistrates Court may make order\n\nThe court before which the defendant appears in obedience to the summons or is brought pursuant to the warrant, as the case may be, shall hear and determine the matter of the complaint.\nWithout limiting any other evidence given by or on behalf of the defendant, the defendant may produce evidence that the complaint is made from malice or for vexation only.\nUpon a consideration of the evidence, the court may—\ndismiss the complaint; or\nmake an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.\nThe order made by the court may contain such other stipulations or conditions as the court thinks fit.\ns 7 (prev s 6) amd 2016 No. 62 s 260\nrenum 2016 No. 62 s 266\n(sec.7-ssec.1) The court before which the defendant appears in obedience to the summons or is brought pursuant to the warrant, as the case may be, shall hear and determine the matter of the complaint.\n(sec.7-ssec.2) Without limiting any other evidence given by or on behalf of the defendant, the defendant may produce evidence that the complaint is made from malice or for vexation only.\n(sec.7-ssec.3) Upon a consideration of the evidence, the court may— dismiss the complaint; or make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.\n(sec.7-ssec.4) The order made by the court may contain such other stipulations or conditions as the court thinks fit.\n- (a) dismiss the complaint; or\n- (b) make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.","sortOrder":9},{"sectionNumber":"sec.8","sectionType":"section","heading":"Where defendant does not appear","content":"### sec.8 Where defendant does not appear\n\nIf at the time and place appointed by summons for the hearing of the complaint the defendant does not appear when called and proof is made to the court of due service of the summons in accordance with section 56 of the Justices Act 1886 , the court may—\nissue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or\nproceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or\nfor any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.\nWhere the court makes an order, a copy thereof shall be served on the defendant in the same manner as a summons may be served under the Justices Act 1886 .\ns 8 (prev s 7) amd 2016 No. 62 s 261\nrenum 2016 No. 62 s 266\n(sec.8-ssec.1) If at the time and place appointed by summons for the hearing of the complaint the defendant does not appear when called and proof is made to the court of due service of the summons in accordance with section 56 of the Justices Act 1886 , the court may— issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.\n(sec.8-ssec.2) Where the court makes an order, a copy thereof shall be served on the defendant in the same manner as a summons may be served under the Justices Act 1886 .\n- (a) issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or\n- (b) proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or\n- (c) for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.","sortOrder":10},{"sectionNumber":"sec.9","sectionType":"section","heading":"Application of Justices Act","content":"### sec.9 Application of Justices Act\n\nSubject to this Part and subject to any necessary modifications and any modifications prescribed by regulation, the provisions of and proceedings and procedures under the Justices Act 1886 applicable in the case of the prosecution of an offence in a summary way under that Act are applicable in the case of proceedings by way of complaint in respect of which an order to keep the peace and be of good behaviour may be made pursuant to section 7 as if such complaint were a complaint in respect of such an offence.\ns 9 (prev s 8) amd 1992 No. 68 s 3 sch 1 ; 2016 No. 62 s 262\nrenum 2016 No. 62 s 266","sortOrder":11},{"sectionNumber":"sec.10","sectionType":"section","heading":"Application of Bail Act","content":"### sec.10 Application of Bail Act\n\nWhere the defendant is apprehended under a warrant issued pursuant to this Act, the provisions of the Bail Act 1980 are applicable in respect of the defendant as though the defendant is a person apprehended on a charge of an offence.\ns 10 (prev s 9) renum 2016 No. 62 s 266","sortOrder":12},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Offences","content":"## Offences","sortOrder":13},{"sectionNumber":"sec.11","sectionType":"section","heading":"Offence for breach of order","content":"### sec.11 Offence for breach of order\n\nA person who during the currency of an order made in respect of the person pursuant to section 7 contravenes or fails to comply with that order is for each contravention or failure to comply guilty of an offence against this Act.\nMaximum penalty—100 penalty units or imprisonment for 1 year.\nFor the purposes of this section, a contravention or failure to comply with an order includes a contravention or failure to comply with any stipulation or condition thereof.\ns 11 (prev s 10) amd 1992 No. 68 s 3 sch 1 ; 2016 No. 62 s 264\nrenum 2016 No. 62 s 266\n(sec.11-ssec.1) A person who during the currency of an order made in respect of the person pursuant to section 7 contravenes or fails to comply with that order is for each contravention or failure to comply guilty of an offence against this Act. Maximum penalty—100 penalty units or imprisonment for 1 year.\n(sec.11-ssec.2) For the purposes of this section, a contravention or failure to comply with an order includes a contravention or failure to comply with any stipulation or condition thereof.","sortOrder":14},{"sectionNumber":"sec.12","sectionType":"section","heading":"Court may make further order","content":"### sec.12 Court may make further order\n\nOn the conviction of a person for an offence under section 11 , the court may, in addition to convicting the offender, make a further order that the offender shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit and the provisions of law and procedures applicable with respect to an order that may be made under section 7 are applicable with respect to the like order that may be made under this section.\ns 12 (prev s 11) amd 2016 No. 62 s 265\nrenum 2016 No. 62 s 266","sortOrder":15},{"sectionNumber":"sec.13","sectionType":"section","heading":"Proceedings for offences","content":"### sec.13 Proceedings for offences\n\nProceedings for an offence against this Part may be instituted in a summary way under the Justices Act 1886 .\ns 13 (prev s 12) renum 2016 No. 62 s 266","sortOrder":16},{"sectionNumber":"pt.3","sectionType":"part","heading":"Public safety orders","content":"# Public safety orders","sortOrder":17},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":18},{"sectionNumber":"sec.14","sectionType":"section","heading":"Definition for part","content":"### sec.14 Definition for part\n\nIn this part—\nrespondent , to an application for a public safety order—\nfor division 2 —see section 17 (1) and (2) ; or\nfor division 3 —see section 25 (1) and (2) .\ns 14 sub 1992 No. 68 s 3 sch 1 ; 2016 No. 62 s 267\n- (a) for division 2 —see section 17 (1) and (2) ; or\n- (b) for division 3 —see section 25 (1) and (2) .","sortOrder":19},{"sectionNumber":"sec.15","sectionType":"section","heading":"Object of part","content":"### sec.15 Object of part\n\nThe object of this part is to provide for—\npublic safety orders, of a duration of no more than 7 days, to be made by a commissioned officer; and\npublic safety orders, of a duration of no more than 6 months, to be made by a court.\ns 15 ins 2016 No. 62 s 267\n- (a) public safety orders, of a duration of no more than 7 days, to be made by a commissioned officer; and\n- (b) public safety orders, of a duration of no more than 6 months, to be made by a court.","sortOrder":20},{"sectionNumber":"sec.16","sectionType":"section","heading":"Peaceful Assembly Act 1992 unaffected","content":"### sec.16 Peaceful Assembly Act 1992 unaffected\n\nThis part, or an order under this part, does not affect the Peaceful Assembly Act 1992 .\ns 16 ins 2016 No. 62 s 267","sortOrder":21},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Making of orders by commissioned officers","content":"## Making of orders by commissioned officers","sortOrder":22},{"sectionNumber":"sec.17","sectionType":"section","heading":"Commissioned officer may make public safety order","content":"### sec.17 Commissioned officer may make public safety order\n\nA commissioned officer may make a public safety order for a person or a group of persons (the respondent ) if the commissioned officer is satisfied—\nthe presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and\nit is more appropriate to make an order under this division than applying to the court for an order of longer duration under division 3 ; and\nmaking the order is appropriate in the circumstances.\nA reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.\nIn considering whether or not to make the order, the commissioned officer must have regard to the following—\nthe respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;\nthe number of previous public safety orders made for the respondent;\nwhether the respondent is or has been a participant in a criminal organisation or the subject of a control order;\nwhether the respondent associates, or has associated with—\na participant in a criminal organisation; or\na person subject to a control order; or\na recognised offender; or\nan associate of a recognised offender;\nif 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;\nwhether 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;\nthe extent to which making the order will reduce the risk to public safety or security or effective traffic management;\nthe extent to which making the order will assist in achieving the objects of this Act.\ns 17 ins 2016 No. 62 s 267\n(sec.17-ssec.1) A commissioned officer may make a public safety order for a person or a group of persons (the respondent ) if the commissioned officer 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 it is more appropriate to make an order under this division than applying to the court for an order of longer duration under division 3 ; and making the order is appropriate in the circumstances.\n(sec.17-ssec.2) A reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.\n(sec.17-ssec.3) In considering whether or not to make the order, the commissioned officer 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; the number of previous public safety orders made for the respondent; 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 subject to 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 the order will reduce the risk to public safety or security or effective traffic management; the extent to which making the order will assist in achieving the objects of this Act.\n- (a) the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and\n- (b) it is more appropriate to make an order under this division than applying to the court for an order of longer duration under division 3 ; and\n- (c) making the order is appropriate in the circumstances.\n- (a) the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;\n- (b) the number of previous public safety orders made for the respondent;\n- (c) whether the respondent is or has been a participant in a criminal organisation or the subject of a control order;\n- (d) whether the respondent associates, or has associated with— (i) a participant in a criminal organisation; or (ii) a person subject to a control order; or (iii) a recognised offender; or (iv) an associate of a recognised offender;\n- (i) a participant in a criminal organisation; or\n- (ii) a person subject to a control order; or\n- (iii) a recognised offender; or\n- (iv) an associate of a recognised offender;\n- (e) 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;\n- (f) 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;\n- (g) the extent to which making the order will reduce the risk to public safety or security or effective traffic management;\n- (h) the extent to which making the order will assist in achieving the objects of this Act.\n- (i) a participant in a criminal organisation; or\n- (ii) a person subject to a control order; or\n- (iii) a recognised offender; or\n- (iv) an associate of a recognised offender;","sortOrder":23},{"sectionNumber":"sec.18","sectionType":"section","heading":"Conditions","content":"### sec.18 Conditions\n\nIn making a public safety order for a respondent, the commissioned officer may impose a condition that prohibits the respondent from doing or attempting to do any of the following while the order is in force—\nentering or remaining at stated premises;\nattending or remaining at a stated event;\nentering or remaining in a stated area;\ndoing a stated thing in a stated area.\nA public safety order does not stop the respondent from entering the respondent’s principal place of residence.\ns 18 ins 2016 No. 62 s 267\n(sec.18-ssec.1) In making a public safety order for a respondent, the commissioned officer may impose a condition that prohibits the respondent from doing or attempting to do any of the following while the order is in force— entering or remaining at stated premises; attending or remaining at a stated event; entering or remaining in a stated area; doing a stated thing in a stated area.\n(sec.18-ssec.2) A public safety order does not stop the respondent from entering the respondent’s principal place of residence.\n- (a) entering or remaining at stated premises;\n- (b) attending or remaining at a stated event;\n- (c) entering or remaining in a stated area;\n- (d) doing a stated thing in a stated area.","sortOrder":24},{"sectionNumber":"sec.19","sectionType":"section","heading":"Particular orders must be authorised by court","content":"### sec.19 Particular orders must be authorised by court\n\nDespite any other provision of this division, a commissioned officer must not do any of the following unless authorised by a court under this section—\nmake a public safety order for the same respondent in relation to the same stated premises, stated event or stated area more than 3 times in a period of 6 months;\nmake a public safety order for a respondent that takes effect immediately after the end of a previous public safety order for the respondent;\nmake a public safety order for a respondent of a duration of no more than 72 hours if a public safety order under this division has been made for the respondent within the immediately preceding 7 days.\nA commissioned officer may apply to a court for an order (an authorisation order ) authorising the officer to make a public safety order of a type mentioned in subsection (1) .\nAn authorisation order may be made by the court on an application made without notice to any person.\nThe grounds of an application for an authorisation order must be verified by affidavit.\nAn application to the court for an authorisation order may be made and dealt with by a magistrate by telephone as follows—\nthe commissioned officer must inform the magistrate—\nof the officer’s name and rank; and\nthat the officer is a commissioned officer;\nthe magistrate must be satisfied the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the commissioned officer, by the oral questioning of the commissioned officer and any other available witnesses by telephone;\nif the magistrate is not satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the magistrate may adjourn the hearing of the application to a time and place fixed by the magistrate;\nif the magistrate is satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the officer must inform the magistrate of the grounds on which the officer proposes to make the public safety order and the conditions the officer proposes to include in the order;\nif the magistrate is satisfied it is appropriate for the commissioned officer to make the public safety order, the magistrate—\nmust inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and\nmust not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;\nif the commissioned officer gives an undertaking mentioned in paragraph (e) , the magistrate may make the authorisation order, noting on the order the facts that justify, in the magistrate’s opinion, the making of the public safety order;\nthe commissioned officer must, as soon as practicable after the making of the public safety order, give the magistrate an affidavit verifying the facts mentioned in paragraph (e) .\nFor subsection (5) (a) , the magistrate, on receiving the information mentioned in that paragraph, may assume, without further inquiry, that the commissioned officer is authorised to make an application under this section.\ns 19 ins 2016 No. 62 s 267\n(sec.19-ssec.1) Despite any other provision of this division, a commissioned officer must not do any of the following unless authorised by a court under this section— make a public safety order for the same respondent in relation to the same stated premises, stated event or stated area more than 3 times in a period of 6 months; make a public safety order for a respondent that takes effect immediately after the end of a previous public safety order for the respondent; make a public safety order for a respondent of a duration of no more than 72 hours if a public safety order under this division has been made for the respondent within the immediately preceding 7 days.\n(sec.19-ssec.2) A commissioned officer may apply to a court for an order (an authorisation order ) authorising the officer to make a public safety order of a type mentioned in subsection (1) .\n(sec.19-ssec.3) An authorisation order may be made by the court on an application made without notice to any person.\n(sec.19-ssec.4) The grounds of an application for an authorisation order must be verified by affidavit.\n(sec.19-ssec.5) An application to the court for an authorisation order may be made and dealt with by a magistrate by telephone as follows— the commissioned officer must inform the magistrate— of the officer’s name and rank; and that the officer is a commissioned officer; the magistrate must be satisfied the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the commissioned officer, by the oral questioning of the commissioned officer and any other available witnesses by telephone; if the magistrate is not satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the magistrate may adjourn the hearing of the application to a time and place fixed by the magistrate; if the magistrate is satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the officer must inform the magistrate of the grounds on which the officer proposes to make the public safety order and the conditions the officer proposes to include in the order; if the magistrate is satisfied it is appropriate for the commissioned officer to make the public safety order, the magistrate— must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts; if the commissioned officer gives an undertaking mentioned in paragraph (e) , the magistrate may make the authorisation order, noting on the order the facts that justify, in the magistrate’s opinion, the making of the public safety order; the commissioned officer must, as soon as practicable after the making of the public safety order, give the magistrate an affidavit verifying the facts mentioned in paragraph (e) .\n(sec.19-ssec.6) For subsection (5) (a) , the magistrate, on receiving the information mentioned in that paragraph, may assume, without further inquiry, that the commissioned officer is authorised to make an application under this section.\n- (a) make a public safety order for the same respondent in relation to the same stated premises, stated event or stated area more than 3 times in a period of 6 months;\n- (b) make a public safety order for a respondent that takes effect immediately after the end of a previous public safety order for the respondent;\n- (c) make a public safety order for a respondent of a duration of no more than 72 hours if a public safety order under this division has been made for the respondent within the immediately preceding 7 days.\n- (a) the commissioned officer must inform the magistrate— (i) of the officer’s name and rank; and (ii) that the officer is a commissioned officer;\n- (i) of the officer’s name and rank; and\n- (ii) that the officer is a commissioned officer;\n- (b) the magistrate must be satisfied the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the commissioned officer, by the oral questioning of the commissioned officer and any other available witnesses by telephone;\n- (c) if the magistrate is not satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the magistrate may adjourn the hearing of the application to a time and place fixed by the magistrate;\n- (d) if the magistrate is satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the officer must inform the magistrate of the grounds on which the officer proposes to make the public safety order and the conditions the officer proposes to include in the order;\n- (e) if the magistrate is satisfied it is appropriate for the commissioned officer to make the public safety order, the magistrate— (i) must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and (ii) must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;\n- (i) must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and\n- (ii) must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;\n- (f) if the commissioned officer gives an undertaking mentioned in paragraph (e) , the magistrate may make the authorisation order, noting on the order the facts that justify, in the magistrate’s opinion, the making of the public safety order;\n- (g) the commissioned officer must, as soon as practicable after the making of the public safety order, give the magistrate an affidavit verifying the facts mentioned in paragraph (e) .\n- (i) of the officer’s name and rank; and\n- (ii) that the officer is a commissioned officer;\n- (i) must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and\n- (ii) must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;","sortOrder":25},{"sectionNumber":"sec.20","sectionType":"section","heading":"Content of order","content":"### sec.20 Content of order\n\nA public safety order made under this division must—\nbe in the approved form; and\nstate each of the following—\nthe premises, event or area to which the order applies;\nthe person, or group of persons, to which the order applies;\neach condition imposed under section 18 ;\nif the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force;\nif the order applies to a stated event—\nthe location of the event for the purposes of the order; and\nif the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and\nif the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;\nthat a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment;\nthat a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units;\nthat the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours;\nthat a notice of appeal must be filed within 7 days after the order takes effect.\ns 20 ins 2016 No. 62 s 267\n- (a) be in the approved form; and\n- (b) state each of the following— (i) the premises, event or area to which the order applies; (ii) the person, or group of persons, to which the order applies; (iii) each condition imposed under section 18 ; (iv) if the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force; (v) if the order applies to a stated event— (A) the location of the event for the purposes of the order; and (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event; (vi) that a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment; (vii) that a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units; (viii) that the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours; (ix) that a notice of appeal must be filed within 7 days after the order takes effect.\n- (i) the premises, event or area to which the order applies;\n- (ii) the person, or group of persons, to which the order applies;\n- (iii) each condition imposed under section 18 ;\n- (iv) if the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force;\n- (v) if the order applies to a stated event— (A) the location of the event for the purposes of the order; and (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;\n- (A) the location of the event for the purposes of the order; and\n- (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and\n- (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;\n- (vi) that a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment;\n- (vii) that a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units;\n- (viii) that the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours;\n- (ix) that a notice of appeal must be filed within 7 days after the order takes effect.\n- (i) the premises, event or area to which the order applies;\n- (ii) the person, or group of persons, to which the order applies;\n- (iii) each condition imposed under section 18 ;\n- (iv) if the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force;\n- (v) if the order applies to a stated event— (A) the location of the event for the purposes of the order; and (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;\n- (A) the location of the event for the purposes of the order; and\n- (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and\n- (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;\n- (vi) that a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment;\n- (vii) that a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units;\n- (viii) that the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours;\n- (ix) that a notice of appeal must be filed within 7 days after the order takes effect.\n- (A) the location of the event for the purposes of the order; and\n- (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and\n- (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;","sortOrder":26},{"sectionNumber":"sec.21","sectionType":"section","heading":"Service of order","content":"### sec.21 Service of order\n\nIf a public safety order is made by a commissioned officer, the commissioned officer must ensure a copy of the order is served by personal service on each person to whom the order relates.\nIf the commissioned officer reasonably suspects a person to whom the order applies is a person under 18 years or has impaired intellectual functioning, the commissioned officer must, if practicable, ensure the order is also served by personal service on a parent or guardian of the person.\nA public safety order is not binding on a person to whom the order relates unless the order is served under this section.\nIf a public safety order is served on a person under this section, the order is binding on the person whether or not any other person to whom the order relates has been served.\nFailure to comply with subsection (2) does not prevent an order from becoming binding when the order is served on a person.\nIn this section—\nparent see the Youth Justice Act 1992 , schedule 4 .\ns 21 ins 2016 No. 62 s 267\n(sec.21-ssec.1) If a public safety order is made by a commissioned officer, the commissioned officer must ensure a copy of the order is served by personal service on each person to whom the order relates.\n(sec.21-ssec.2) If the commissioned officer reasonably suspects a person to whom the order applies is a person under 18 years or has impaired intellectual functioning, the commissioned officer must, if practicable, ensure the order is also served by personal service on a parent or guardian of the person.\n(sec.21-ssec.3) A public safety order is not binding on a person to whom the order relates unless the order is served under this section.\n(sec.21-ssec.4) If a public safety order is served on a person under this section, the order is binding on the person whether or not any other person to whom the order relates has been served.\n(sec.21-ssec.5) Failure to comply with subsection (2) does not prevent an order from becoming binding when the order is served on a person.\n(sec.21-ssec.6) In this section— parent see the Youth Justice Act 1992 , schedule 4 .","sortOrder":27},{"sectionNumber":"sec.22","sectionType":"section","heading":"Urgent orders","content":"### sec.22 Urgent orders\n\nThis section applies if a commissioned officer is satisfied a public safety order made under this division should become binding on a person as a matter of urgency.\nDespite section 21 , a police officer may—\ncommunicate the contents of the order verbally to any person to whom the order relates; and\nadvise the person to whom the contents of the order are communicated under paragraph (a) —\nof a place at which the person may obtain a written copy of the order on the next business day; and\nthat the order will be published on the QPS website on the next business day.\nIf practicable, a communication under subsection (2) must be electronically recorded.\nThe order is binding on a person immediately after a police officer has communicated the information mentioned in subsection (2) to the person.\nThe police officer must ensure a written copy of the order is—\navailable for collection by a person to whom the contents of the order are communicated under subsection (2) (a) , at the place mentioned in subsection (2) (b) , during ordinary business hours, on the next business day; and\npublished on the QPS website on the next business day.\nIn this section—\nelectronically recorded means audio recorded or video recorded.\nnext business day means the next business day after the day on which the officer communicates the information mentioned in subsection (2) to the person.\ns 22 ins 2016 No. 62 s 267\n(sec.22-ssec.1) This section applies if a commissioned officer is satisfied a public safety order made under this division should become binding on a person as a matter of urgency.\n(sec.22-ssec.2) Despite section 21 , a police officer may— communicate the contents of the order verbally to any person to whom the order relates; and advise the person to whom the contents of the order are communicated under paragraph (a) — of a place at which the person may obtain a written copy of the order on the next business day; and that the order will be published on the QPS website on the next business day.\n(sec.22-ssec.3) If practicable, a communication under subsection (2) must be electronically recorded.\n(sec.22-ssec.4) The order is binding on a person immediately after a police officer has communicated the information mentioned in subsection (2) to the person.\n(sec.22-ssec.5) The police officer must ensure a written copy of the order is— available for collection by a person to whom the contents of the order are communicated under subsection (2) (a) , at the place mentioned in subsection (2) (b) , during ordinary business hours, on the next business day; and published on the QPS website on the next business day.\n(sec.22-ssec.6) In this section— electronically recorded means audio recorded or video recorded. next business day means the next business day after the day on which the officer communicates the information mentioned in subsection (2) to the person.\n- (a) communicate the contents of the order verbally to any person to whom the order relates; and\n- (b) advise the person to whom the contents of the order are communicated under paragraph (a) — (i) of a place at which the person may obtain a written copy of the order on the next business day; and (ii) that the order will be published on the QPS website on the next business day.\n- (i) of a place at which the person may obtain a written copy of the order on the next business day; and\n- (ii) that the order will be published on the QPS website on the next business day.\n- (i) of a place at which the person may obtain a written copy of the order on the next business day; and\n- (ii) that the order will be published on the QPS website on the next business day.\n- (a) available for collection by a person to whom the contents of the order are communicated under subsection (2) (a) , at the place mentioned in subsection (2) (b) , during ordinary business hours, on the next business day; and\n- (b) published on the QPS website on the next business day.","sortOrder":28},{"sectionNumber":"sec.23","sectionType":"section","heading":"Duration","content":"### sec.23 Duration\n\nA public safety order made by a commissioned officer takes effect—\nfor an urgent order—under section 22 (4) ;\notherwise—when a police officer serves the order, under section 21 , on the person to whom the order relates.\nThe public safety order remains in force until the earlier of the following—\nthe day the order is revoked;\nSee the Acts Interpretation Act 1954 , section 24AA for the power of the commissioned officer to revoke the order.\nif the order applies to a stated event and the event is cancelled—the day the event is cancelled;\notherwise—the day stated in the order.\ns 23 ins 2016 No. 62 s 267\n(sec.23-ssec.1) A public safety order made by a commissioned officer takes effect— for an urgent order—under section 22 (4) ; otherwise—when a police officer serves the order, under section 21 , on the person to whom the order relates.\n(sec.23-ssec.2) The public safety order remains in force until the earlier of the following— the day the order is revoked; See the Acts Interpretation Act 1954 , section 24AA for the power of the commissioned officer to revoke the order. if the order applies to a stated event and the event is cancelled—the day the event is cancelled; otherwise—the day stated in the order.\n- (a) for an urgent order—under section 22 (4) ;\n- (b) otherwise—when a police officer serves the order, under section 21 , on the person to whom the order relates.\n- (a) the day the order is revoked; Note— See the Acts Interpretation Act 1954 , section 24AA for the power of the commissioned officer to revoke the order.\n- (b) if the order applies to a stated event and the event is cancelled—the day the event is cancelled;\n- (c) otherwise—the day stated in the order.","sortOrder":29},{"sectionNumber":"sec.24","sectionType":"section","heading":"Records to be kept","content":"### sec.24 Records to be kept\n\nThe commissioner must record in writing particulars of each public safety order made by a commissioned officer, including, for example, the following—\nwhen and where the order was made;\nthe reasons the order was made;\nthe details of the respondent;\nthe conditions of the order;\nthe duration of the order;\nthe name of the commissioned officer;\nwhether the order was appealed against;\nif paragraph (g) applies—the outcome of the appeal.\nThe record must be made as soon as practicable after the public safety order is made.\nThe commissioner must keep in the records of the police service each record the commissioner has kept under this section.\nThe commissioner must ensure the public interest monitor has access to each record the commissioner has kept under this section for the purpose of performing the monitor’s functions under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 5 .\nIn this section—\npublic interest monitor means the public interest monitor appointed under the Police Powers and Responsibilities Act 2000 , section 740 .\ns 24 ins 2016 No. 62 s 267\n(sec.24-ssec.1) The commissioner must record in writing particulars of each public safety order made by a commissioned officer, including, for example, the following— when and where the order was made; the reasons the order was made; the details of the respondent; the conditions of the order; the duration of the order; the name of the commissioned officer; whether the order was appealed against; if paragraph (g) applies—the outcome of the appeal.\n(sec.24-ssec.2) The record must be made as soon as practicable after the public safety order is made.\n(sec.24-ssec.3) The commissioner must keep in the records of the police service each record the commissioner has kept under this section.\n(sec.24-ssec.4) The commissioner must ensure the public interest monitor has access to each record the commissioner has kept under this section for the purpose of performing the monitor’s functions under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 5 .\n(sec.24-ssec.5) In this section— public interest monitor means the public interest monitor appointed under the Police Powers and Responsibilities Act 2000 , section 740 .\n- (a) when and where the order was made;\n- (b) the reasons the order was made;\n- (c) the details of the respondent;\n- (d) the conditions of the order;\n- (e) the duration of the order;\n- (f) the name of the commissioned officer;\n- (g) whether the order was appealed against;\n- (h) if paragraph (g) applies—the outcome of the appeal.","sortOrder":30},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Making of orders by court","content":"## Making of orders by court","sortOrder":31},{"sectionNumber":"sec.25","sectionType":"section","heading":"Senior police officer may apply for public safety order","content":"### sec.25 Senior police officer may apply for public safety order\n\nA senior police officer may apply to a court for, or for the extension of, a public safety order under this division for a person or a group of persons (the respondent ).\nA reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.\nThe application must state the following—\ndetails sufficient to identify the respondent;\nthe grounds on which the order, or extension, is sought, being grounds mentioned in section 27 to the extent they are relevant to the application;\nthe information supporting the grounds;\ndetails of any previous application for a public safety order for the respondent and the outcome of the application;\nthat the respondent may file a response to the application under section 26 .\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nThe application, with any accompanying affidavit, must—\nbe filed; and\non filing, state as the return date a day within 35 days after the filing; and\nafter being filed, be served by a police officer on the respondent—\nby personal service within 7 business days after the filing; or\nif personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\nAn application for an extension of a public safety order may only be made within 2 months before the order ends.\ns 25 ins 2016 No. 62 s 267\n(sec.25-ssec.1) A senior police officer may apply to a court for, or for the extension of, a public safety order under this division for a person or a group of persons (the respondent ).\n(sec.25-ssec.2) A reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.\n(sec.25-ssec.3) The application must state the following— details sufficient to identify the respondent; the grounds on which the order, or extension, is sought, being grounds mentioned in section 27 to the extent they are relevant to the application; the information supporting the grounds; details of any previous application for a public safety order for the respondent and the outcome of the application; that the respondent may file a response to the application under section 26 .\n(sec.25-ssec.4) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.25-ssec.5) The application, with any accompanying affidavit, must— be filed; and on filing, state as the return date a day within 35 days after the filing; and after being filed, be served by a police officer on the respondent— by personal service within 7 business days after the filing; or if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n(sec.25-ssec.6) An application for an extension of a public safety order may only be made within 2 months before the order ends.\n- (a) details sufficient to identify the respondent;\n- (b) the grounds on which the order, or extension, is sought, being grounds mentioned in section 27 to the extent they are relevant to the application;\n- (c) the information supporting the grounds;\n- (d) details of any previous application for a public safety order for the respondent and the outcome of the application;\n- (e) that the respondent may file a response to the application under section 26 .\n- (a) be filed; and\n- (b) on filing, state as the return date a day within 35 days after the filing; and\n- (c) after being filed, be served by a police officer on the respondent— (i) by personal service within 7 business days after the filing; or (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n- (i) by personal service within 7 business days after the filing; or\n- (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n- (i) by personal service within 7 business days after the filing; or\n- (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.","sortOrder":32},{"sectionNumber":"sec.26","sectionType":"section","heading":"Response by respondent","content":"### sec.26 Response by respondent\n\nThe respondent may file a response to the application.\nThe response must state—\nthe facts relied on by the respondent in response to the application; and\nthe nature of the response in relation to each order sought by the senior police officer.\nThe respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.\nThe response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\ns 26 ins 2016 No. 62 s 267\n(sec.26-ssec.1) The respondent may file a response to the application.\n(sec.26-ssec.2) The response must state— the facts relied on by the respondent in response to the application; and the nature of the response in relation to each order sought by the senior police officer.\n(sec.26-ssec.3) The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.\n(sec.26-ssec.4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\n- (a) the facts relied on by the respondent in response to the application; and\n- (b) the nature of the response in relation to each order sought by the senior police officer.","sortOrder":33},{"sectionNumber":"sec.27","sectionType":"section","heading":"Court may make public safety order","content":"### sec.27 Court may make public safety order\n\nThe court may make, or extend, a public safety order for the respondent if the court is satisfied—\nthe presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and\nmaking or extending the order is appropriate in the circumstances.\nIn considering whether or not to make or extend the order, the court must have regard to the following—\nthe respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;\nwhether the respondent is or has been a participant in a criminal organisation or the subject of a control order;\nwhether the respondent associates, or has associated with—\na participant in a criminal organisation; or\na person who is the subject of a control order; or\na recognised offender; or\nan associate of a recognised offender;\nif 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;\nwhether 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;\nthe extent to which making or extending the order will reduce the risk to public safety or security or effective traffic management;\nthe extent to which making or extending the order will assist in achieving the objects of this Act.\nThe court may also consider anything else the court considers relevant.\nIn 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.\nThe public safety order may be made or extended whether or not the respondent is present or makes submissions.\nSee section 25 (5) (c) for service requirements for an application to make or extend a public safety order.\ns 27 ins 2016 No. 62 s 267\n(sec.27-ssec.1) 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.\n(sec.27-ssec.2) 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.\n(sec.27-ssec.3) The court may also consider anything else the court considers relevant.\n(sec.27-ssec.4) 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.\n(sec.27-ssec.5) The public safety order may be made or extended whether or not the respondent is present or makes submissions. See section 25 (5) (c) for service requirements for an application to make or extend a public safety order.\n- (a) the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and\n- (b) making or extending the order is appropriate in the circumstances.\n- (a) the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;\n- (b) whether the respondent is or has been a participant in a criminal organisation or the subject of a control order;\n- (c) whether the respondent associates, or has associated with— (i) a participant in a criminal organisation; or (ii) a person who is the subject of a control order; or (iii) a recognised offender; or (iv) an associate of a recognised offender;\n- (i) a participant in a criminal organisation; or\n- (ii) a person who is the subject of a control order; or\n- (iii) a recognised offender; or\n- (iv) an associate of a recognised offender;\n- (d) 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;\n- (e) 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;\n- (f) the extent to which making or extending the order will reduce the risk to public safety or security or effective traffic management;\n- (g) the extent to which making or extending the order will assist in achieving the objects of this Act.\n- (i) a participant in a criminal organisation; or\n- (ii) a person who is the subject of a control order; or\n- (iii) a recognised offender; or\n- (iv) an associate of a recognised offender;","sortOrder":34},{"sectionNumber":"sec.28","sectionType":"section","heading":"Conditions","content":"### sec.28 Conditions\n\nIn making or extending a public safety order for a respondent, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making or extending the order.\nWithout limiting subsection (1) , a condition may prohibit the respondent from doing or attempting to do any of the following while the order is in force—\nentering or remaining at stated premises;\nattending or remaining at a stated event;\nentering or remaining in a stated area;\ndoing a stated thing in a stated area.\nAlso, it is a condition of the order that the respondent must comply with every reasonable direction given by a police officer for the purpose of the order.\nWithout limiting subsection (3) , the condition under the subsection must be stated in the order.\nThe court may impose a condition on the order about the use by a police officer of a power under section 31 .\nA public safety order does not stop the respondent from entering the respondent’s principal place of residence.\ns 28 ins 2016 No. 62 s 267\n(sec.28-ssec.1) In making or extending a public safety order for a respondent, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making or extending the order.\n(sec.28-ssec.2) Without limiting subsection (1) , a condition may prohibit the respondent from doing or attempting to do any of the following while the order is in force— entering or remaining at stated premises; attending or remaining at a stated event; entering or remaining in a stated area; doing a stated thing in a stated area.\n(sec.28-ssec.3) Also, it is a condition of the order that the respondent must comply with every reasonable direction given by a police officer for the purpose of the order.\n(sec.28-ssec.4) Without limiting subsection (3) , the condition under the subsection must be stated in the order.\n(sec.28-ssec.5) The court may impose a condition on the order about the use by a police officer of a power under section 31 .\n(sec.28-ssec.6) A public safety order does not stop the respondent from entering the respondent’s principal place of residence.\n- (a) entering or remaining at stated premises;\n- (b) attending or remaining at a stated event;\n- (c) entering or remaining in a stated area;\n- (d) doing a stated thing in a stated area.","sortOrder":35},{"sectionNumber":"sec.29","sectionType":"section","heading":"Duration","content":"### sec.29 Duration\n\nA public safety order made by a court takes effect—\nwhen the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or\nif paragraph (a) does not apply—when a police officer serves the order on the respondent.\nService under subsection (1) (b) must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.\nThe order served on the respondent must state that—\nthe respondent may appeal to the District Court against the order; and\nthe notice of appeal must be filed within 28 days after—\nthe day on which the order was made; or\nfor an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.\nA public safety order remains in force until the earlier of the following—\nthe day the order is revoked;\nthe day stated in the order, which must not be more than 6 months after the order is made.\nHowever, if the public safety order is extended by the court, the order remains in force until the earlier of the following—\nthe day the order is revoked;\nthe day stated in the order for extension, which must not be more than 6 months after the day the order would have otherwise ended.\ns 29 ins 2016 No. 62 s 267\n(sec.29-ssec.1) A public safety order made by a court takes effect— when the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the order on the respondent.\n(sec.29-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.\n(sec.29-ssec.3) The order served on the respondent must state that— the respondent may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.\n(sec.29-ssec.4) A public safety order remains in force until the earlier of the following— the day the order is revoked; the day stated in the order, which must not be more than 6 months after the order is made.\n(sec.29-ssec.5) However, if the public safety order is extended by the court, the order remains in force until the earlier of the following— the day the order is revoked; the day stated in the order for extension, which must not be more than 6 months after the day the order would have otherwise ended.\n- (a) when the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or\n- (b) if paragraph (a) does not apply—when a police officer serves the order on the respondent.\n- (a) the respondent may appeal to the District Court against the order; and\n- (b) the notice of appeal must be filed within 28 days after— (i) the day on which the order was made; or (ii) for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.\n- (i) the day on which the order was made; or\n- (ii) for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.\n- (i) the day on which the order was made; or\n- (ii) for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.\n- (a) the day the order is revoked;\n- (b) the day stated in the order, which must not be more than 6 months after the order is made.\n- (a) the day the order is revoked;\n- (b) the day stated in the order for extension, which must not be more than 6 months after the day the order would have otherwise ended.","sortOrder":36},{"sectionNumber":"sec.30","sectionType":"section","heading":"Revocation or variation","content":"### sec.30 Revocation or variation\n\nA court, at any time on application by a senior police officer, may make an order to vary or revoke a public safety order made by the court under this division.\nAn application must state—\nthe grounds on which the variation or revocation is sought; and\nthe information supporting the grounds on which the variation or revocation is sought.\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nA police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.\nA police officer must serve a copy of the order for the variation or revocation on the respondent as soon as practicable after the order is made.\nService of the application or order must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.\ns 30 ins 2016 No. 62 s 267\n(sec.30-ssec.1) A court, at any time on application by a senior police officer, may make an order to vary or revoke a public safety order made by the court under this division.\n(sec.30-ssec.2) An application must state— the grounds on which the variation or revocation is sought; and the information supporting the grounds on which the variation or revocation is sought.\n(sec.30-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.30-ssec.4) A police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.\n(sec.30-ssec.5) A police officer must serve a copy of the order for the variation or revocation on the respondent as soon as practicable after the order is made.\n(sec.30-ssec.6) Service of the application or order must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.\n- (a) the grounds on which the variation or revocation is sought; and\n- (b) the information supporting the grounds on which the variation or revocation is sought.","sortOrder":37},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Police powers for enforcing public safety orders","content":"## Police powers for enforcing public safety orders","sortOrder":38},{"sectionNumber":"sec.31","sectionType":"section","heading":"Prevention of contravention of public safety order","content":"### sec.31 Prevention of contravention of public safety order\n\nThis section applies if a police officer reasonably suspects an offence against section 32 has been committed, is being committed, or is about to be committed in relation to a public safety order.\nThe police officer may exercise 1 or more of the following powers—\nstop a person or group of persons for whom the order has been made from entering a public safety place;\nstop, detain and search a vehicle approaching, in or leaving a public safety place—\nto search for a person for whom the order has been made; or\nto serve a copy of the order on a person for whom the order has been made;\nremove a person or group of persons for whom the order has been made from a public safety place;\ntake any other steps the police officer reasonably considers necessary.\nHowever, before exercising a power under subsection (2) , a police officer must, if it is practicable to do so, first give the person against whom the power is to be exercised a direction—\nfor subsection (2) (a) —not to enter the public safety place; or\nfor subsection (2) (c) —to leave the public safety place; or\nfor subsection (2) (d) —to take the step the police officer reasonably considers necessary.\nA police officer may give any direction that is reasonably necessary to exercise a power under subsection (2) or (3) .\nA direction given under this section is taken to be a direction given under the Police Powers and Responsibilities Act 2000 .\nFailure to comply with a direction given under this section is an offence against the Police Powers and Responsibilities Act 2000 , section 791 .\nA person does not commit an offence against the Police Powers and Responsibilities Act 2000 , section 791 if—\nthe person was directed to do something under this section; and\nthe court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .\nIn this section—\npublic safety place means—\npremises or an area to which a public safety order applies; or\na place where an event is taking place to which a public safety order applies.\ns 31 ins 2016 No. 62 s 267\n(sec.31-ssec.1) This section applies if a police officer reasonably suspects an offence against section 32 has been committed, is being committed, or is about to be committed in relation to a public safety order.\n(sec.31-ssec.2) The police officer may exercise 1 or more of the following powers— stop a person or group of persons for whom the order has been made from entering a public safety place; stop, detain and search a vehicle approaching, in or leaving a public safety place— to search for a person for whom the order has been made; or to serve a copy of the order on a person for whom the order has been made; remove a person or group of persons for whom the order has been made from a public safety place; take any other steps the police officer reasonably considers necessary.\n(sec.31-ssec.3) However, before exercising a power under subsection (2) , a police officer must, if it is practicable to do so, first give the person against whom the power is to be exercised a direction— for subsection (2) (a) —not to enter the public safety place; or for subsection (2) (c) —to leave the public safety place; or for subsection (2) (d) —to take the step the police officer reasonably considers necessary.\n(sec.31-ssec.4) A police officer may give any direction that is reasonably necessary to exercise a power under subsection (2) or (3) .\n(sec.31-ssec.5) A direction given under this section is taken to be a direction given under the Police Powers and Responsibilities Act 2000 . Failure to comply with a direction given under this section is an offence against the Police Powers and Responsibilities Act 2000 , section 791 .\n(sec.31-ssec.6) A person does not commit an offence against the Police Powers and Responsibilities Act 2000 , section 791 if— the person was directed to do something under this section; and the court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .\n(sec.31-ssec.7) In this section— public safety place means— premises or an area to which a public safety order applies; or a place where an event is taking place to which a public safety order applies.\n- (a) stop a person or group of persons for whom the order has been made from entering a public safety place;\n- (b) stop, detain and search a vehicle approaching, in or leaving a public safety place— (i) to search for a person for whom the order has been made; or (ii) to serve a copy of the order on a person for whom the order has been made;\n- (i) to search for a person for whom the order has been made; or\n- (ii) to serve a copy of the order on a person for whom the order has been made;\n- (c) remove a person or group of persons for whom the order has been made from a public safety place;\n- (d) take any other steps the police officer reasonably considers necessary.\n- (i) to search for a person for whom the order has been made; or\n- (ii) to serve a copy of the order on a person for whom the order has been made;\n- (a) for subsection (2) (a) —not to enter the public safety place; or\n- (b) for subsection (2) (c) —to leave the public safety place; or\n- (c) for subsection (2) (d) —to take the step the police officer reasonably considers necessary.\n- (a) the person was directed to do something under this section; and\n- (b) the court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .\n- (a) premises or an area to which a public safety order applies; or\n- (b) a place where an event is taking place to which a public safety order applies.","sortOrder":39},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"Offence","content":"## Offence","sortOrder":40},{"sectionNumber":"sec.32","sectionType":"section","heading":"Contravention of public safety order","content":"### sec.32 Contravention of public safety order\n\nA person who, without reasonable excuse, knowingly contravenes a public safety order made for the person, or a group of persons of which the person is a member, commits a misdemeanour.\nMaximum penalty—300 penalty units or 3 years imprisonment.\nA person knowingly contravenes a public safety order if the person does an act or makes an omission the person knows, or ought reasonably to know, is a contravention of the public safety order.\ns 32 ins 2016 No. 62 s 267\n(sec.32-ssec.1) A person who, without reasonable excuse, knowingly contravenes a public safety order made for the person, or a group of persons of which the person is a member, commits a misdemeanour. Maximum penalty—300 penalty units or 3 years imprisonment.\n(sec.32-ssec.2) A person knowingly contravenes a public safety order if the person does an act or makes an omission the person knows, or ought reasonably to know, is a contravention of the public safety order.","sortOrder":41},{"sectionNumber":"pt.4","sectionType":"part","heading":"Restricted premises orders","content":"# Restricted premises orders","sortOrder":42},{"sectionNumber":"pt.4-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":43},{"sectionNumber":"sec.33","sectionType":"section","heading":"Definitions for part","content":"### sec.33 Definitions for part\n\nIn this part—\ncriminal activity means conduct that involves the commission of an offence.\ns 33 def criminal activity ins 2020 No. 15 s 158 (1)\ndisorderly activity , at premises, means—\ndrunkenness, disorderly or indecent conduct, or entertainment of a demoralising character, at the premises; or\ncriminal activity at the premises that is likely to pose a risk to the safety of a member of the public; or\nthe unlawful supply of liquor or drugs from the premises; or\nthe unlawful possession at, or supply from, the premises of firearms or explosives; or\nthe presence of any of the following at the premises—\nrecognised offenders;\nassociates of recognised offenders;\npersons subject to a control order; or\nthe participation of any of the following in the control or management of the premises—\nrecognised offenders;\nassociates of recognised offenders;\npersons subject to a control order; or\nthe existence of fortification of the premises that is excessive for lawful use of that type of premises.\ns 33 def disorderly activity amd 2020 No. 15 s 158 (2) – (3)\nprescribed place means a place prescribed by regulation under section 41 .\nprohibited item means—\nliquor; or\ndrugs; or\na firearm; or\nan explosive; or\nany drinking glass, vessel or container that is used or is capable of being used for or in connection with the storage, supply or consumption of liquor or drugs; or\nany thing that is used or is capable of being used inside premises to contribute to or enhance the ambience of the premises in support of the sale or consumption of liquor or drugs, or entertainment of a demoralising character, at the premises; or\na bar fitout\na music, entertainment, gaming or lighting system\na pool or billiard table or darts board\na dance floor or stage\na stripper’s pole\nfortification of premises that is excessive for lawful use of that type of premises.\nrespondent —\nto an application for a restricted premises order—see section 35 (1) ; or\nto an application for an extension order—see section 44 (1) .\nrestricted premises means—\npremises for which a restricted premises order is in force; or\na prescribed place taken to be restricted premises under division 3 .\ns 33 ins 2016 No. 62 s 267\n- (a) drunkenness, disorderly or indecent conduct, or entertainment of a demoralising character, at the premises; or\n- (b) criminal activity at the premises that is likely to pose a risk to the safety of a member of the public; or\n- (c) the unlawful supply of liquor or drugs from the premises; or\n- (d) the unlawful possession at, or supply from, the premises of firearms or explosives; or\n- (e) the presence of any of the following at the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order; or\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order; or\n- (f) the participation of any of the following in the control or management of the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order; or\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order; or\n- (g) the existence of fortification of the premises that is excessive for lawful use of that type of premises.\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order; or\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order; or\n- (a) liquor; or\n- (b) drugs; or\n- (c) a firearm; or\n- (d) an explosive; or\n- (e) any drinking glass, vessel or container that is used or is capable of being used for or in connection with the storage, supply or consumption of liquor or drugs; or\n- (f) any thing that is used or is capable of being used inside premises to contribute to or enhance the ambience of the premises in support of the sale or consumption of liquor or drugs, or entertainment of a demoralising character, at the premises; or Examples of things used in support of the sale or consumption of liquor or drugs— • a bar fitout • a music, entertainment, gaming or lighting system • a pool or billiard table or darts board • a dance floor or stage Examples of things used in support of entertainment of a demoralising character— • a stripper’s pole\n- • a bar fitout\n- • a music, entertainment, gaming or lighting system\n- • a pool or billiard table or darts board\n- • a dance floor or stage\n- • a stripper’s pole\n- (g) fortification of premises that is excessive for lawful use of that type of premises.\n- • a bar fitout\n- • a music, entertainment, gaming or lighting system\n- • a pool or billiard table or darts board\n- • a dance floor or stage\n- • a stripper’s pole\n- (a) to an application for a restricted premises order—see section 35 (1) ; or\n- (b) to an application for an extension order—see section 44 (1) .\n- (a) premises for which a restricted premises order is in force; or\n- (b) a prescribed place taken to be restricted premises under division 3 .","sortOrder":44},{"sectionNumber":"pt.4-div.2","sectionType":"division","heading":"Making of orders","content":"## Making of orders","sortOrder":45},{"sectionNumber":"sec.34","sectionType":"section","heading":"Senior police officer may apply for restricted premises order","content":"### sec.34 Senior police officer may apply for restricted premises order\n\nA senior police officer may apply to a court for a restricted premises order for stated premises, other than licensed premises.\nThe application must state the following—\ndetails sufficient to identify the premises;\ndetails sufficient to identify the owner and occupier of the premises;\nthe grounds on which the order is sought, being grounds mentioned in section 36 to the extent they are relevant to the application;\nthe information supporting the grounds;\ndetails of any previous application for a restricted premises order in relation to—\nthe premises mentioned in paragraph (a) ; or\nan owner or occupier mentioned in paragraph (b) ;\nthat an owner or occupier of the premises may file a response to the application under section 35 .\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nThe application, with any accompanying affidavit, must—\nbe filed; and\non filing, state as the return date a day within 35 days after the filing; and\nafter being filed, be served by a police officer on the respondent—\nby personal service within 7 business days after the filing; or\nif personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\nIn this section—\nlicensed premises see the Liquor Act 1992 , section 4 .\ns 34 ins 2016 No. 62 s 267\n(sec.34-ssec.1) A senior police officer may apply to a court for a restricted premises order for stated premises, other than licensed premises.\n(sec.34-ssec.2) The application must state the following— details sufficient to identify the premises; details sufficient to identify the owner and occupier of the premises; the grounds on which the order is sought, being grounds mentioned in section 36 to the extent they are relevant to the application; the information supporting the grounds; details of any previous application for a restricted premises order in relation to— the premises mentioned in paragraph (a) ; or an owner or occupier mentioned in paragraph (b) ; that an owner or occupier of the premises may file a response to the application under section 35 .\n(sec.34-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.34-ssec.4) The application, with any accompanying affidavit, must— be filed; and on filing, state as the return date a day within 35 days after the filing; and after being filed, be served by a police officer on the respondent— by personal service within 7 business days after the filing; or if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n(sec.34-ssec.5) In this section— licensed premises see the Liquor Act 1992 , section 4 .\n- (a) details sufficient to identify the premises;\n- (b) details sufficient to identify the owner and occupier of the premises;\n- (c) the grounds on which the order is sought, being grounds mentioned in section 36 to the extent they are relevant to the application;\n- (d) the information supporting the grounds;\n- (e) details of any previous application for a restricted premises order in relation to— (i) the premises mentioned in paragraph (a) ; or (ii) an owner or occupier mentioned in paragraph (b) ;\n- (i) the premises mentioned in paragraph (a) ; or\n- (ii) an owner or occupier mentioned in paragraph (b) ;\n- (f) that an owner or occupier of the premises may file a response to the application under section 35 .\n- (i) the premises mentioned in paragraph (a) ; or\n- (ii) an owner or occupier mentioned in paragraph (b) ;\n- (a) be filed; and\n- (b) on filing, state as the return date a day within 35 days after the filing; and\n- (c) after being filed, be served by a police officer on the respondent— (i) by personal service within 7 business days after the filing; or (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n- (i) by personal service within 7 business days after the filing; or\n- (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n- (i) by personal service within 7 business days after the filing; or\n- (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.","sortOrder":46},{"sectionNumber":"sec.35","sectionType":"section","heading":"Response by owner or occupier","content":"### sec.35 Response by owner or occupier\n\nAn owner or occupier of premises for which a restricted premises order is sought (the respondent ) may file a response to the application.\nThe response must state—\nthe facts relied on by the respondent in response to the application; and\nthe nature of the response in relation to each order sought by the senior police officer.\nThe respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.\nThe response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\ns 35 ins 2016 No. 62 s 267\n(sec.35-ssec.1) An owner or occupier of premises for which a restricted premises order is sought (the respondent ) may file a response to the application.\n(sec.35-ssec.2) The response must state— the facts relied on by the respondent in response to the application; and the nature of the response in relation to each order sought by the senior police officer.\n(sec.35-ssec.3) The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.\n(sec.35-ssec.4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\n- (a) the facts relied on by the respondent in response to the application; and\n- (b) the nature of the response in relation to each order sought by the senior police officer.","sortOrder":47},{"sectionNumber":"sec.36","sectionType":"section","heading":"Court may make restricted premises order","content":"### sec.36 Court may make restricted premises order\n\nThe court may make a restricted premises order for stated premises if the court is satisfied—\na senior police officer reasonably suspects that 1 or more disorderly activities have taken place at the premises and are likely to take place again at the premises; and\nmaking the order is appropriate in the circumstances.\nIn considering whether or not to make the order, the court must have regard to the following—\nthe extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;\nthe extent to which disorderly activities habitually take place at the premises;\nthe extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;\nthe extent to which making the order will assist in achieving the objects of this Act.\nThe court may also consider anything else the court considers relevant.\nThe restricted premises order may be made whether or not an owner or occupier of the premises is present or makes submissions.\nSee section 34 (4) (c) for service requirements for an application to make a restricted premises order.\ns 36 ins 2016 No. 62 s 267\n(sec.36-ssec.1) The court may make a restricted premises order for stated premises if the court is satisfied— a senior police officer reasonably suspects that 1 or more disorderly activities have taken place at the premises and are likely to take place again at the premises; and making the order is appropriate in the circumstances.\n(sec.36-ssec.2) In considering whether or not to make the order, the court must have regard to the following— the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise; the extent to which disorderly activities habitually take place at the premises; the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises; the extent to which making the order will assist in achieving the objects of this Act.\n(sec.36-ssec.3) The court may also consider anything else the court considers relevant.\n(sec.36-ssec.4) The restricted premises order may be made whether or not an owner or occupier of the premises is present or makes submissions. See section 34 (4) (c) for service requirements for an application to make a restricted premises order.\n- (a) a senior police officer reasonably suspects that 1 or more disorderly activities have taken place at the premises and are likely to take place again at the premises; and\n- (b) making the order is appropriate in the circumstances.\n- (a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;\n- (b) the extent to which disorderly activities habitually take place at the premises;\n- (c) the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;\n- (d) the extent to which making the order will assist in achieving the objects of this Act.","sortOrder":48},{"sectionNumber":"sec.37","sectionType":"section","heading":"Conditions","content":"### sec.37 Conditions\n\nIn making a restricted premises order, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making the order.\nWithout limiting subsection (1) , a condition must prohibit the following—\ndisorderly activities taking place at the premises;\nany of the following being present at the premises—\nrecognised offenders;\nassociates of recognised offenders;\npersons subject to a control order;\nany of the following taking part in the management or control of the premises—\nrecognised offenders;\nassociates of recognised offenders;\npersons subject to a control order;\nthe existence of any fortification of the premises that is excessive for lawful use of that type of premises.\nA restricted premises order does not stop the respondent from entering the respondent’s principal place of residence.\ns 37 ins 2016 No. 62 s 267\n(sec.37-ssec.1) In making a restricted premises order, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making the order.\n(sec.37-ssec.2) Without limiting subsection (1) , a condition must prohibit the following— disorderly activities taking place at the premises; any of the following being present at the premises— recognised offenders; associates of recognised offenders; persons subject to a control order; any of the following taking part in the management or control of the premises— recognised offenders; associates of recognised offenders; persons subject to a control order; the existence of any fortification of the premises that is excessive for lawful use of that type of premises.\n(sec.37-ssec.3) A restricted premises order does not stop the respondent from entering the respondent’s principal place of residence.\n- (a) disorderly activities taking place at the premises;\n- (b) any of the following being present at the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order;\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order;\n- (c) any of the following taking part in the management or control of the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order;\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order;\n- (d) the existence of any fortification of the premises that is excessive for lawful use of that type of premises.\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order;\n- (i) recognised offenders;\n- (ii) associates of recognised offenders;\n- (iii) persons subject to a control order;","sortOrder":49},{"sectionNumber":"sec.38","sectionType":"section","heading":"Duration","content":"### sec.38 Duration\n\nA restricted premises order takes effect—\nwhen the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or\nif paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises.\nService under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice.\nThe order served on the owner or occupier must state that—\nthe owner or occupier may appeal to the District Court against the order; and\nthe notice of appeal must be filed within 28 days after—\nthe day on which the order was made; or\nfor an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\nA restricted premises order remains in force until the earlier of the following—\nthe order is revoked;\nthe day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made.\ns 38 ins 2016 No. 62 s 267\n(sec.38-ssec.1) A restricted premises order takes effect— when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises.\n(sec.38-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice.\n(sec.38-ssec.3) The order served on the owner or occupier must state that— the owner or occupier may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n(sec.38-ssec.4) A restricted premises order remains in force until the earlier of the following— the order is revoked; the day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made.\n- (a) when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or\n- (b) if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises.\n- (a) the owner or occupier may appeal to the District Court against the order; and\n- (b) the notice of appeal must be filed within 28 days after— (i) the day on which the order was made; or (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n- (i) the day on which the order was made; or\n- (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n- (i) the day on which the order was made; or\n- (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n- (a) the order is revoked;\n- (b) the day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made.","sortOrder":50},{"sectionNumber":"sec.39","sectionType":"section","heading":"Revocation or variation","content":"### sec.39 Revocation or variation\n\nA court, at any time on application by a senior police officer, may make an order to vary or revoke a restricted premises order.\nAn application must state—\nthe grounds on which the variation or revocation is sought; and\nthe information supporting the grounds on which the variation or revocation is sought.\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nA police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.\nA police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the premises as soon as practicable after the order is made.\nService of the application or order must be by personal service or, if personal service is not practicable, by public notice.\ns 39 ins 2016 No. 62 s 267\n(sec.39-ssec.1) A court, at any time on application by a senior police officer, may make an order to vary or revoke a restricted premises order.\n(sec.39-ssec.2) An application must state— the grounds on which the variation or revocation is sought; and the information supporting the grounds on which the variation or revocation is sought.\n(sec.39-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.39-ssec.4) A police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.\n(sec.39-ssec.5) A police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the premises as soon as practicable after the order is made.\n(sec.39-ssec.6) Service of the application or order must be by personal service or, if personal service is not practicable, by public notice.\n- (a) the grounds on which the variation or revocation is sought; and\n- (b) the information supporting the grounds on which the variation or revocation is sought.","sortOrder":51},{"sectionNumber":"pt.4-div.3","sectionType":"division","heading":"Prescribed places","content":"## Prescribed places","sortOrder":52},{"sectionNumber":"sec.40","sectionType":"section","heading":"Definitions for division","content":"### sec.40 Definitions for division\n\nIn this division—\nextended period see section 43 (1) .\nextension order see section 43 (1) .\ninitial period see section 42 (1) .\ns 40 ins 2016 No. 62 s 267","sortOrder":53},{"sectionNumber":"sec.41","sectionType":"section","heading":"Regulation-making power for prescribed places","content":"### sec.41 Regulation-making power for prescribed places\n\nA regulation may prescribe a place as a prescribed place for the purposes of this division.\nA regulation made under subsection (1) after the commencement—\nmay omit a place prescribed by regulation on commencement; and\nmust not prescribe a place that was not prescribed by regulation on commencement.\ns 41 ins 2016 No. 62 s 267\n(sec.41-ssec.1) A regulation may prescribe a place as a prescribed place for the purposes of this division.\n(sec.41-ssec.2) A regulation made under subsection (1) after the commencement— may omit a place prescribed by regulation on commencement; and must not prescribe a place that was not prescribed by regulation on commencement.\n- (a) may omit a place prescribed by regulation on commencement; and\n- (b) must not prescribe a place that was not prescribed by regulation on commencement.","sortOrder":54},{"sectionNumber":"sec.42","sectionType":"section","heading":"Prescribed place taken to be restricted premises for 2 years","content":"### sec.42 Prescribed place taken to be restricted premises for 2 years\n\nA prescribed place is taken to be restricted premises for 2 years starting on the commencement (the initial period ).\nFor section 54 —\nthe owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the commencement; and\nthe restricted premises order mentioned in paragraph (a) is taken to remain in force for the initial period.\nTo remove any doubt, if a regulation made under section 41 (1) after the commencement omits a place prescribed by regulation on commencement, the place stops being a prescribed place.\ns 42 ins 2016 No. 62 s 267\n(sec.42-ssec.1) A prescribed place is taken to be restricted premises for 2 years starting on the commencement (the initial period ).\n(sec.42-ssec.2) For section 54 — the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the commencement; and the restricted premises order mentioned in paragraph (a) is taken to remain in force for the initial period.\n(sec.42-ssec.3) To remove any doubt, if a regulation made under section 41 (1) after the commencement omits a place prescribed by regulation on commencement, the place stops being a prescribed place.\n- (a) the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the commencement; and\n- (b) the restricted premises order mentioned in paragraph (a) is taken to remain in force for the initial period.","sortOrder":55},{"sectionNumber":"sec.43","sectionType":"section","heading":"Extension of initial period","content":"### sec.43 Extension of initial period\n\nA senior police officer may apply to a court for an order (an extension order ) that a prescribed place be taken to be restricted premises for a further stated period of at least 6 months and not more than 2 years (the extended period ).\nThe application must be made at least 1 year after the commencement and at least 2 months before the end of the initial period or the immediately preceding extended period.\nThe application must state—\nthe grounds on which the extension order is sought; and\nthe information supporting the grounds on which the extension order is sought.\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nThe application, with any accompanying affidavit, must—\nbe filed; and\non filing, state as the return date a day within 35 days after the filing; and\nafter being filed, be served by a police officer on the respondent within 10 days after the filing.\nService under subsection (5) (c) must be by personal service or, if personal service is not practicable, by public notice.\nTo remove any doubt, it is declared that a senior police officer may make an application under subsection (1) from time to time as occasion requires.\ns 43 ins 2016 No. 62 s 267\n(sec.43-ssec.1) A senior police officer may apply to a court for an order (an extension order ) that a prescribed place be taken to be restricted premises for a further stated period of at least 6 months and not more than 2 years (the extended period ).\n(sec.43-ssec.2) The application must be made at least 1 year after the commencement and at least 2 months before the end of the initial period or the immediately preceding extended period.\n(sec.43-ssec.3) The application must state— the grounds on which the extension order is sought; and the information supporting the grounds on which the extension order is sought.\n(sec.43-ssec.4) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.43-ssec.5) The application, with any accompanying affidavit, must— be filed; and on filing, state as the return date a day within 35 days after the filing; and after being filed, be served by a police officer on the respondent within 10 days after the filing.\n(sec.43-ssec.6) Service under subsection (5) (c) must be by personal service or, if personal service is not practicable, by public notice.\n(sec.43-ssec.7) To remove any doubt, it is declared that a senior police officer may make an application under subsection (1) from time to time as occasion requires.\n- (a) the grounds on which the extension order is sought; and\n- (b) the information supporting the grounds on which the extension order is sought.\n- (a) be filed; and\n- (b) on filing, state as the return date a day within 35 days after the filing; and\n- (c) after being filed, be served by a police officer on the respondent within 10 days after the filing.","sortOrder":56},{"sectionNumber":"sec.44","sectionType":"section","heading":"Response by owner or occupier","content":"### sec.44 Response by owner or occupier\n\nAn owner or occupier of premises for which an extension order is sought (the respondent ) may file a response to the application.\nThe response must state—\nthe facts relied on by the respondent in response to the application; and\nthe nature of the response in relation to each order sought by the senior police officer.\nThe respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.\nThe response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\ns 44 ins 2016 No. 62 s 267\n(sec.44-ssec.1) An owner or occupier of premises for which an extension order is sought (the respondent ) may file a response to the application.\n(sec.44-ssec.2) The response must state— the facts relied on by the respondent in response to the application; and the nature of the response in relation to each order sought by the senior police officer.\n(sec.44-ssec.3) The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.\n(sec.44-ssec.4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\n- (a) the facts relied on by the respondent in response to the application; and\n- (b) the nature of the response in relation to each order sought by the senior police officer.","sortOrder":57},{"sectionNumber":"sec.45","sectionType":"section","heading":"Court may make extension order","content":"### sec.45 Court may make extension order\n\nThe court must make an extension order for a prescribed place if the court is satisfied—\n1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and\nif the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and\nmaking the order is appropriate in the circumstances.\nIn considering whether or not to make the extension order, the court must have regard to the following—\nthe extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;\nthe extent to which disorderly activities habitually take place at the premises;\nthe extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;\nthe extent to which making the order will assist in achieving the objects of this Act.\nThe court may also consider anything else the court considers relevant.\nThe extension order may be made whether or not an owner or occupier of the premises is present or makes submissions.\nSee section 43 (5) (c) for service requirements for an application to make an extension order.\ns 45 ins 2016 No. 62 s 267\n(sec.45-ssec.1) The court must make an extension order for a prescribed place if the court is satisfied— 1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and making the order is appropriate in the circumstances.\n(sec.45-ssec.2) In considering whether or not to make the extension order, the court must have regard to the following— the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise; the extent to which disorderly activities habitually take place at the premises; the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises; the extent to which making the order will assist in achieving the objects of this Act.\n(sec.45-ssec.3) The court may also consider anything else the court considers relevant.\n(sec.45-ssec.4) The extension order may be made whether or not an owner or occupier of the premises is present or makes submissions. See section 43 (5) (c) for service requirements for an application to make an extension order.\n- (a) 1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and\n- (b) if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and\n- (c) making the order is appropriate in the circumstances.\n- (a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;\n- (b) the extent to which disorderly activities habitually take place at the premises;\n- (c) the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;\n- (d) the extent to which making the order will assist in achieving the objects of this Act.","sortOrder":58},{"sectionNumber":"sec.46","sectionType":"section","heading":"Effect of extension order","content":"### sec.46 Effect of extension order\n\nIf a court makes an extension order for a prescribed place, the prescribed place is taken to continue to be restricted premises for the extended period.\nFor section 54 —\nthe owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the day on which the owner or occupier was served with the extension order; and\nthe restricted premises order mentioned in paragraph (a) is taken to remain in force for the extended period.\ns 46 ins 2016 No. 62 s 267\n(sec.46-ssec.1) If a court makes an extension order for a prescribed place, the prescribed place is taken to continue to be restricted premises for the extended period.\n(sec.46-ssec.2) For section 54 — the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the day on which the owner or occupier was served with the extension order; and the restricted premises order mentioned in paragraph (a) is taken to remain in force for the extended period.\n- (a) the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the day on which the owner or occupier was served with the extension order; and\n- (b) the restricted premises order mentioned in paragraph (a) is taken to remain in force for the extended period.","sortOrder":59},{"sectionNumber":"sec.47","sectionType":"section","heading":"Duration","content":"### sec.47 Duration\n\nAn extension order takes effect—\nwhen the order is made, if an owner or occupier of the prescribed place, or a legal or other representative of an owner or occupier of the prescribed place is present at the hearing of the application; or\nif paragraph (a) does not apply—when a police officer serves the extension order on an owner or occupier of the prescribed place.\nService under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice, within 28 days before the end of the initial period.\nThe order served on the owner or occupier must state—\nthat the owner or occupier may appeal to the District Court against the order; and\nthe notice of appeal must be filed within 28 days after—\nthe day on which the order was made; or\nfor an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\nAn extension order for a prescribed place remains in force until the earlier of the following—\nthe day the order is revoked;\nthe day stated in the order, which must be at least 6 months, and not more than 2 years after, the end of the initial period for the prescribed premises;\nthe day the place stops being a prescribed place.\ns 47 ins 2016 No. 62 s 267\n(sec.47-ssec.1) An extension order takes effect— when the order is made, if an owner or occupier of the prescribed place, or a legal or other representative of an owner or occupier of the prescribed place is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the extension order on an owner or occupier of the prescribed place.\n(sec.47-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice, within 28 days before the end of the initial period.\n(sec.47-ssec.3) The order served on the owner or occupier must state— that the owner or occupier may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n(sec.47-ssec.4) An extension order for a prescribed place remains in force until the earlier of the following— the day the order is revoked; the day stated in the order, which must be at least 6 months, and not more than 2 years after, the end of the initial period for the prescribed premises; the day the place stops being a prescribed place.\n- (a) when the order is made, if an owner or occupier of the prescribed place, or a legal or other representative of an owner or occupier of the prescribed place is present at the hearing of the application; or\n- (b) if paragraph (a) does not apply—when a police officer serves the extension order on an owner or occupier of the prescribed place.\n- (a) that the owner or occupier may appeal to the District Court against the order; and\n- (b) the notice of appeal must be filed within 28 days after— (i) the day on which the order was made; or (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n- (i) the day on which the order was made; or\n- (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n- (i) the day on which the order was made; or\n- (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.\n- (a) the day the order is revoked;\n- (b) the day stated in the order, which must be at least 6 months, and not more than 2 years after, the end of the initial period for the prescribed premises;\n- (c) the day the place stops being a prescribed place.","sortOrder":60},{"sectionNumber":"sec.48","sectionType":"section","heading":"Revocation or variation","content":"### sec.48 Revocation or variation\n\nThe court, at any time on application by a senior police officer, may make an order to vary or revoke an extension order for a prescribed place.\nAn application must state—\nthe grounds on which the variation or revocation is sought; and\nthe information supporting the grounds on which the variation or revocation is sought.\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nA police officer must serve a copy of the application, with any accompanying affidavit, on an owner or occupier of the prescribed place.\nA police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the prescribed place as soon as practicable after the order is made.\nService of the application or order must be by personal service or, if personal service is not practicable, by public notice.\ns 48 ins 2016 No. 62 s 267\n(sec.48-ssec.1) The court, at any time on application by a senior police officer, may make an order to vary or revoke an extension order for a prescribed place.\n(sec.48-ssec.2) An application must state— the grounds on which the variation or revocation is sought; and the information supporting the grounds on which the variation or revocation is sought.\n(sec.48-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.48-ssec.4) A police officer must serve a copy of the application, with any accompanying affidavit, on an owner or occupier of the prescribed place.\n(sec.48-ssec.5) A police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the prescribed place as soon as practicable after the order is made.\n(sec.48-ssec.6) Service of the application or order must be by personal service or, if personal service is not practicable, by public notice.\n- (a) the grounds on which the variation or revocation is sought; and\n- (b) the information supporting the grounds on which the variation or revocation is sought.","sortOrder":61},{"sectionNumber":"pt.4-div.4","sectionType":"division","heading":"Police powers for enforcing restricted premises orders","content":"## Police powers for enforcing restricted premises orders","sortOrder":62},{"sectionNumber":"sec.49","sectionType":"section","heading":"Searching restricted premises without warrant","content":"### sec.49 Searching restricted premises without warrant\n\nIt is lawful for a police officer to exercise the following powers in relation to restricted premises without a search warrant—\npower to enter the restricted premises and to stay on the restricted premises for the time reasonably necessary to exercise the powers mentioned in paragraphs (b) to (f) ;\npower to search the restricted premises for—\na prohibited item; or\nanything that may be evidence of the commission of an offence;\npower to seize from the restricted premises—\na prohibited item; or\nanything that may be evidence of the commission of an offence;\npower to open anything that is locked;\npower to search any person found at the premises for anything mentioned in paragraph (c) that can be concealed on the person;\npower to photograph any thing that may be evidence of disorderly activities taking place at the restricted premises.\nTo remove any doubt, it is declared that a power mentioned in subsection (1) may be exercised from time to time as occasion requires.\ns 49 ins 2016 No. 62 s 267\n(sec.49-ssec.1) It is lawful for a police officer to exercise the following powers in relation to restricted premises without a search warrant— power to enter the restricted premises and to stay on the restricted premises for the time reasonably necessary to exercise the powers mentioned in paragraphs (b) to (f) ; power to search the restricted premises for— a prohibited item; or anything that may be evidence of the commission of an offence; power to seize from the restricted premises— a prohibited item; or anything that may be evidence of the commission of an offence; power to open anything that is locked; power to search any person found at the premises for anything mentioned in paragraph (c) that can be concealed on the person; power to photograph any thing that may be evidence of disorderly activities taking place at the restricted premises.\n(sec.49-ssec.2) To remove any doubt, it is declared that a power mentioned in subsection (1) may be exercised from time to time as occasion requires.\n- (a) power to enter the restricted premises and to stay on the restricted premises for the time reasonably necessary to exercise the powers mentioned in paragraphs (b) to (f) ;\n- (b) power to search the restricted premises for— (i) a prohibited item; or (ii) anything that may be evidence of the commission of an offence;\n- (i) a prohibited item; or\n- (ii) anything that may be evidence of the commission of an offence;\n- (c) power to seize from the restricted premises— (i) a prohibited item; or (ii) anything that may be evidence of the commission of an offence;\n- (i) a prohibited item; or\n- (ii) anything that may be evidence of the commission of an offence;\n- (d) power to open anything that is locked;\n- (e) power to search any person found at the premises for anything mentioned in paragraph (c) that can be concealed on the person;\n- (f) power to photograph any thing that may be evidence of disorderly activities taking place at the restricted premises.\n- (i) a prohibited item; or\n- (ii) anything that may be evidence of the commission of an offence;\n- (i) a prohibited item; or\n- (ii) anything that may be evidence of the commission of an offence;","sortOrder":63},{"sectionNumber":"pt.4-div.5","sectionType":"division","heading":"Applications for return of prohibited items","content":"## Applications for return of prohibited items","sortOrder":64},{"sectionNumber":"sec.50","sectionType":"section","heading":"Application to court by owner for return of prohibited item","content":"### sec.50 Application to court by owner for return of prohibited item\n\nThis section applies if a police officer seizes a prohibited item from—\nrestricted premises in the exercise of powers under section 49 ; or\npremises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act.\nA person who claims to have a legal or equitable interest in the prohibited item may, within 21 days after its seizure, apply to a court for an order that the item be returned to—\nthe person (the applicant ); or\nsomeone else named in the application as the person to whom the item may be delivered (the nominee ).\nThe applicant must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—\nthe commissioner;\nanyone else the person reasonably believes has a legal or equitable interest in the item.\nIn this section—\nprohibited item does not include an item that is—\nevidence of the commission of an offence; or\nforfeited to the State under an Act.\ns 50 ins 2016 No. 62 s 267\n(sec.50-ssec.1) This section applies if a police officer seizes a prohibited item from— restricted premises in the exercise of powers under section 49 ; or premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act.\n(sec.50-ssec.2) A person who claims to have a legal or equitable interest in the prohibited item may, within 21 days after its seizure, apply to a court for an order that the item be returned to— the person (the applicant ); or someone else named in the application as the person to whom the item may be delivered (the nominee ).\n(sec.50-ssec.3) The applicant must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the commissioner; anyone else the person reasonably believes has a legal or equitable interest in the item.\n(sec.50-ssec.4) In this section— prohibited item does not include an item that is— evidence of the commission of an offence; or forfeited to the State under an Act.\n- (a) restricted premises in the exercise of powers under section 49 ; or\n- (b) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act.\n- (a) the person (the applicant ); or\n- (b) someone else named in the application as the person to whom the item may be delivered (the nominee ).\n- (a) the commissioner;\n- (b) anyone else the person reasonably believes has a legal or equitable interest in the item.\n- (a) evidence of the commission of an offence; or\n- (b) forfeited to the State under an Act.","sortOrder":65},{"sectionNumber":"sec.51","sectionType":"section","heading":"Court may order return of prohibited item","content":"### sec.51 Court may order return of prohibited item\n\nThe court may order that the prohibited item be returned to the applicant or the nominee on the conditions, if any, the court considers appropriate if satisfied—\nthe applicant may lawfully possess the item; and\nfor a prohibited item seized from restricted premises—the seizure was not lawful under section 49 ; and\nfor a prohibited item seized from premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) —the disorderly activities forming the grounds on which the warrant was sought were not taking place at the premises; and\nit is appropriate that the item be returned to the applicant or nominee.\nIf the court proposes to order that the prohibited item be returned to the nominee, the court must also be satisfied that the nominee may lawfully possess the item.\nThe court must not order the return of a prohibited item to the applicant or the nominee if the court is satisfied the item—\nmay be evidence in a proceeding relating to the item; or\nis a thing used in or for manufacturing a dangerous drug; or\nmay be subject to a confiscation proceeding.\nIn this section—\napplicant see section 50 (2) (a) .\nconfiscation proceeding means a proceeding for an order under the Criminal Proceeds Confiscation Act 2002.\nnominee see section 50 (2) (b) .\ns 51 ins 2016 No. 62 s 267\n(sec.51-ssec.1) The court may order that the prohibited item be returned to the applicant or the nominee on the conditions, if any, the court considers appropriate if satisfied— the applicant may lawfully possess the item; and for a prohibited item seized from restricted premises—the seizure was not lawful under section 49 ; and for a prohibited item seized from premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) —the disorderly activities forming the grounds on which the warrant was sought were not taking place at the premises; and it is appropriate that the item be returned to the applicant or nominee.\n(sec.51-ssec.2) If the court proposes to order that the prohibited item be returned to the nominee, the court must also be satisfied that the nominee may lawfully possess the item.\n(sec.51-ssec.3) The court must not order the return of a prohibited item to the applicant or the nominee if the court is satisfied the item— may be evidence in a proceeding relating to the item; or is a thing used in or for manufacturing a dangerous drug; or may be subject to a confiscation proceeding.\n(sec.51-ssec.4) In this section— applicant see section 50 (2) (a) . confiscation proceeding means a proceeding for an order under the Criminal Proceeds Confiscation Act 2002. nominee see section 50 (2) (b) .\n- (a) the applicant may lawfully possess the item; and\n- (b) for a prohibited item seized from restricted premises—the seizure was not lawful under section 49 ; and\n- (c) for a prohibited item seized from premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) —the disorderly activities forming the grounds on which the warrant was sought were not taking place at the premises; and\n- (d) it is appropriate that the item be returned to the applicant or nominee.\n- (a) may be evidence in a proceeding relating to the item; or\n- (b) is a thing used in or for manufacturing a dangerous drug; or\n- (c) may be subject to a confiscation proceeding.","sortOrder":66},{"sectionNumber":"pt.4-div.6","sectionType":"division","heading":"Forfeiture of prohibited items","content":"## Forfeiture of prohibited items","sortOrder":67},{"sectionNumber":"sec.52","sectionType":"section","heading":"Application of division","content":"### sec.52 Application of division\n\nThis division applies if—\na police officer seizes a prohibited item from—\nrestricted premises in the exercise of powers under section 49 ; or\npremises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and\neither—\nan application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or\na magistrate has refused to return the prohibited item under section 51 .\ns 52 ins 2016 No. 62 s 267\n- (a) a police officer seizes a prohibited item from— (i) restricted premises in the exercise of powers under section 49 ; or (ii) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and\n- (i) restricted premises in the exercise of powers under section 49 ; or\n- (ii) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and\n- (b) either— (i) an application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or (ii) a magistrate has refused to return the prohibited item under section 51 .\n- (i) an application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or\n- (ii) a magistrate has refused to return the prohibited item under section 51 .\n- (i) restricted premises in the exercise of powers under section 49 ; or\n- (ii) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and\n- (i) an application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or\n- (ii) a magistrate has refused to return the prohibited item under section 51 .","sortOrder":68},{"sectionNumber":"sec.53","sectionType":"section","heading":"Forfeiture of prohibited item","content":"### sec.53 Forfeiture of prohibited item\n\nThe commissioner may forfeit the prohibited item to the State.\nOn the forfeiture, the prohibited item—\nbecomes the property of the State; and\nmay, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\nWithout limiting subsection (2) , the commissioner may destroy or dispose of the prohibited item.\nSubsections (5) and (6) apply if the commissioner proposes to sell the prohibited item.\nThe sale must be by auction.\nThe proceeds of the sale must be applied in the following order—\nfirst, in meeting the expenses of the sale;\nsecond, in meeting any reasonable costs incurred in—\nseizing the prohibited item; and\nstoring the prohibited item; and\ndoing anything necessary to prepare the prohibited item for sale;\nthird, to the consolidated fund.\ns 53 ins 2016 No. 62 s 267\n(sec.53-ssec.1) The commissioner may forfeit the prohibited item to the State.\n(sec.53-ssec.2) On the forfeiture, the prohibited item— becomes the property of the State; and may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\n(sec.53-ssec.3) Without limiting subsection (2) , the commissioner may destroy or dispose of the prohibited item.\n(sec.53-ssec.4) Subsections (5) and (6) apply if the commissioner proposes to sell the prohibited item.\n(sec.53-ssec.5) The sale must be by auction.\n(sec.53-ssec.6) The proceeds of the sale must be applied in the following order— first, in meeting the expenses of the sale; second, in meeting any reasonable costs incurred in— seizing the prohibited item; and storing the prohibited item; and doing anything necessary to prepare the prohibited item for sale; third, to the consolidated fund.\n- (a) becomes the property of the State; and\n- (b) may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\n- (a) first, in meeting the expenses of the sale;\n- (b) second, in meeting any reasonable costs incurred in— (i) seizing the prohibited item; and (ii) storing the prohibited item; and (iii) doing anything necessary to prepare the prohibited item for sale;\n- (i) seizing the prohibited item; and\n- (ii) storing the prohibited item; and\n- (iii) doing anything necessary to prepare the prohibited item for sale;\n- (c) third, to the consolidated fund.\n- (i) seizing the prohibited item; and\n- (ii) storing the prohibited item; and\n- (iii) doing anything necessary to prepare the prohibited item for sale;","sortOrder":69},{"sectionNumber":"pt.4-div.7","sectionType":"division","heading":"Offence","content":"## Offence","sortOrder":70},{"sectionNumber":"sec.54","sectionType":"section","heading":"Offence by owner or occupier of restricted premises","content":"### sec.54 Offence by owner or occupier of restricted premises\n\nAn owner or occupier of restricted premises commits a misdemeanour if—\nan owner or occupier has been served with a restricted premises order for the restricted premises; and\na disorderly activity takes place at the restricted premises after the order has been served and while the order remains in force; and\nthe owner or occupier knows, or ought reasonably to know, that the disorderly activity has taken place.\nMaximum penalty—\nfor the first offence—150 penalty units or imprisonment for 18 months; or\nfor each later offence—300 penalty units or 3 years imprisonment.\nAn owner or occupier of premises is not guilty of an offence against subsection (1) if the owner or occupier proves the owner or occupier has taken all reasonable steps to prevent the contravention.\nAn owner of premises is not guilty of an offence against subsection (1) if the owner proves the owner has taken all reasonable steps to evict the occupier from the premises.\ns 54 ins 2016 No. 62 s 267\n(sec.54-ssec.1) An owner or occupier of restricted premises commits a misdemeanour if— an owner or occupier has been served with a restricted premises order for the restricted premises; and a disorderly activity takes place at the restricted premises after the order has been served and while the order remains in force; and the owner or occupier knows, or ought reasonably to know, that the disorderly activity has taken place. Maximum penalty— for the first offence—150 penalty units or imprisonment for 18 months; or for each later offence—300 penalty units or 3 years imprisonment.\n(sec.54-ssec.2) An owner or occupier of premises is not guilty of an offence against subsection (1) if the owner or occupier proves the owner or occupier has taken all reasonable steps to prevent the contravention.\n(sec.54-ssec.3) An owner of premises is not guilty of an offence against subsection (1) if the owner proves the owner has taken all reasonable steps to evict the occupier from the premises.\n- (a) an owner or occupier has been served with a restricted premises order for the restricted premises; and\n- (b) a disorderly activity takes place at the restricted premises after the order has been served and while the order remains in force; and\n- (c) the owner or occupier knows, or ought reasonably to know, that the disorderly activity has taken place.\n- (a) for the first offence—150 penalty units or imprisonment for 18 months; or\n- (b) for each later offence—300 penalty units or 3 years imprisonment.","sortOrder":71},{"sectionNumber":"pt.4-div.8","sectionType":"division","heading":"Evidentiary matters","content":"## Evidentiary matters","sortOrder":72},{"sectionNumber":"sec.55","sectionType":"section","heading":"Disorderly activity taken to have happened if obstruction or fortification","content":"### sec.55 Disorderly activity taken to have happened if obstruction or fortification\n\nThis section applies if—\na police officer exercises, or attempts to exercise—\na function under section 49 in relation to restricted premises; or\na function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and\nany of the following applies—\nthe police officer is assaulted or obstructed in the performance of the officer’s function;\nthe performance of the police officer’s function is hindered by excessive fortification of the premises.\nThis section also applies if a police officer has given a stop and desist notice to an owner or occupier of premises within 14 days before applying for a restricted premises order for the premises and the notice has not been complied with before the day of the hearing of the application.\nIn a relevant proceeding, evidence of any of the matters mentioned in subsection (1) (b) or (2) is evidence that a disorderly activity has taken place at the premises unless proven otherwise.\nIn this section—\nassault has the meaning given by the Criminal Code , section 245 .\nfunction includes power.\nobstruct includes hinder, resist and attempt to obstruct.\nrelevant proceeding means—\na proceeding against a person for a charge of having committed an offence against section 54 ; or\nan application under this part to a court; or\nan appeal relating to a proceeding mentioned in paragraph (a) or an application mentioned in paragraph (b) .\ns 55 ins 2016 No. 62 s 267\n(sec.55-ssec.1) This section applies if— a police officer exercises, or attempts to exercise— a function under section 49 in relation to restricted premises; or a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and any of the following applies— the police officer is assaulted or obstructed in the performance of the officer’s function; the performance of the police officer’s function is hindered by excessive fortification of the premises.\n(sec.55-ssec.2) This section also applies if a police officer has given a stop and desist notice to an owner or occupier of premises within 14 days before applying for a restricted premises order for the premises and the notice has not been complied with before the day of the hearing of the application.\n(sec.55-ssec.3) In a relevant proceeding, evidence of any of the matters mentioned in subsection (1) (b) or (2) is evidence that a disorderly activity has taken place at the premises unless proven otherwise.\n(sec.55-ssec.4) In this section— assault has the meaning given by the Criminal Code , section 245 . function includes power. obstruct includes hinder, resist and attempt to obstruct. relevant proceeding means— a proceeding against a person for a charge of having committed an offence against section 54 ; or an application under this part to a court; or an appeal relating to a proceeding mentioned in paragraph (a) or an application mentioned in paragraph (b) . s 55 ins 2016 No. 62 s 267\n- (a) a police officer exercises, or attempts to exercise— (i) a function under section 49 in relation to restricted premises; or (ii) a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and\n- (i) a function under section 49 in relation to restricted premises; or\n- (ii) a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and\n- (b) any of the following applies— (i) the police officer is assaulted or obstructed in the performance of the officer’s function; (ii) the performance of the police officer’s function is hindered by excessive fortification of the premises.\n- (i) the police officer is assaulted or obstructed in the performance of the officer’s function;\n- (ii) the performance of the police officer’s function is hindered by excessive fortification of the premises.\n- (i) a function under section 49 in relation to restricted premises; or\n- (ii) a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and\n- (i) the police officer is assaulted or obstructed in the performance of the officer’s function;\n- (ii) the performance of the police officer’s function is hindered by excessive fortification of the premises.\n- (a) a proceeding against a person for a charge of having committed an offence against section 54 ; or\n- (b) an application under this part to a court; or\n- (c) an appeal relating to a proceeding mentioned in paragraph (a) or an application mentioned in paragraph (b) .","sortOrder":73},{"sectionNumber":"pt.5","sectionType":"part","heading":"Fortification removal orders","content":"# Fortification removal orders","sortOrder":74},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":75},{"sectionNumber":"sec.56","sectionType":"section","heading":"Definitions for part","content":"### sec.56 Definitions for part\n\nIn this part—\nfortification , of premises, means any structure or device that, alone or as a system or part of a system, is designed to stop or hinder, or to provide any other form of step against, uninvited entry to the premises.\na video surveillance system, also called security camera surveillance\nrespondent , to an application for a fortification removal order, see section 59 (1) .\ns 56 ins 2016 No. 62 s 267","sortOrder":76},{"sectionNumber":"sec.57","sectionType":"section","heading":"Relationship with Sustainable Planning Act 2009 and development approvals","content":"### sec.57 Relationship with Sustainable Planning Act 2009 and development approvals\n\nThis section applies for the carrying out of development as defined under the Sustainable Planning Act 2009 —\nauthorised under a fortification removal order; or\nthat is enforcement action.\nIf, other than for this subsection, the development would be any of the following under the Sustainable Planning Act 2009 it is taken to be exempt development under that Act—\nassessable development;\ndevelopment requiring compliance assessment;\nprohibited development.\nThe development may be carried out despite any development approval under the Sustainable Planning Act 2009 .\ns 57 ins 2016 No. 62 s 267\n(sec.57-ssec.1) This section applies for the carrying out of development as defined under the Sustainable Planning Act 2009 — authorised under a fortification removal order; or that is enforcement action.\n(sec.57-ssec.2) If, other than for this subsection, the development would be any of the following under the Sustainable Planning Act 2009 it is taken to be exempt development under that Act— assessable development; development requiring compliance assessment; prohibited development.\n(sec.57-ssec.3) The development may be carried out despite any development approval under the Sustainable Planning Act 2009 .\n- (a) authorised under a fortification removal order; or\n- (b) that is enforcement action.\n- (a) assessable development;\n- (b) development requiring compliance assessment;\n- (c) prohibited development.","sortOrder":77},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Making of orders","content":"## Making of orders","sortOrder":78},{"sectionNumber":"sec.58","sectionType":"section","heading":"Senior police officer may apply for fortification removal order","content":"### sec.58 Senior police officer may apply for fortification removal order\n\nA senior police officer may apply to a court for a fortification removal order for stated premises.\nThe application must state the following—\ndetails sufficient to identify the premises and the fortification;\ndetails sufficient to identify the owner and occupier of the premises;\nthe grounds on which the order is sought, being grounds mentioned in section 60 to the extent they are relevant to the application;\nthe information supporting the grounds;\ndetails of any previous application for a fortification removal order in relation to—\nthe premises mentioned in paragraph (a) ; or\nan owner or occupier mentioned in paragraph (b) ;\nthat an owner or occupier of the premises may file a response to the application under section 59 .\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nThe application, with any accompanying affidavit, must—\nbe filed; and\non filing, state as the return date a day within 35 days after the filing; and\nafter being filed, be served by a police officer on the respondent—\nby personal service within 7 business days after the filing; or\nif personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\ns 58 ins 2016 No. 62 s 267\n(sec.58-ssec.1) A senior police officer may apply to a court for a fortification removal order for stated premises.\n(sec.58-ssec.2) The application must state the following— details sufficient to identify the premises and the fortification; details sufficient to identify the owner and occupier of the premises; the grounds on which the order is sought, being grounds mentioned in section 60 to the extent they are relevant to the application; the information supporting the grounds; details of any previous application for a fortification removal order in relation to— the premises mentioned in paragraph (a) ; or an owner or occupier mentioned in paragraph (b) ; that an owner or occupier of the premises may file a response to the application under section 59 .\n(sec.58-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.58-ssec.4) The application, with any accompanying affidavit, must— be filed; and on filing, state as the return date a day within 35 days after the filing; and after being filed, be served by a police officer on the respondent— by personal service within 7 business days after the filing; or if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n- (a) details sufficient to identify the premises and the fortification;\n- (b) details sufficient to identify the owner and occupier of the premises;\n- (c) the grounds on which the order is sought, being grounds mentioned in section 60 to the extent they are relevant to the application;\n- (d) the information supporting the grounds;\n- (e) details of any previous application for a fortification removal order in relation to— (i) the premises mentioned in paragraph (a) ; or (ii) an owner or occupier mentioned in paragraph (b) ;\n- (i) the premises mentioned in paragraph (a) ; or\n- (ii) an owner or occupier mentioned in paragraph (b) ;\n- (f) that an owner or occupier of the premises may file a response to the application under section 59 .\n- (i) the premises mentioned in paragraph (a) ; or\n- (ii) an owner or occupier mentioned in paragraph (b) ;\n- (a) be filed; and\n- (b) on filing, state as the return date a day within 35 days after the filing; and\n- (c) after being filed, be served by a police officer on the respondent— (i) by personal service within 7 business days after the filing; or (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n- (i) by personal service within 7 business days after the filing; or\n- (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.\n- (i) by personal service within 7 business days after the filing; or\n- (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.","sortOrder":79},{"sectionNumber":"sec.59","sectionType":"section","heading":"Response by owner or occupier","content":"### sec.59 Response by owner or occupier\n\nAn owner or occupier of premises for which a fortification removal order is sought (the respondent ) may file a response to the application.\nThe response must state—\nthe facts relied on by the respondent in response to the application; and\nthe nature of the response in relation to each order sought by the applicant.\nThe respondent must file the response, and serve it on the applicant, at least 5 business days before the return date.\nThe response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\ns 59 ins 2016 No. 62 s 267\n(sec.59-ssec.1) An owner or occupier of premises for which a fortification removal order is sought (the respondent ) may file a response to the application.\n(sec.59-ssec.2) The response must state— the facts relied on by the respondent in response to the application; and the nature of the response in relation to each order sought by the applicant.\n(sec.59-ssec.3) The respondent must file the response, and serve it on the applicant, at least 5 business days before the return date.\n(sec.59-ssec.4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.\n- (a) the facts relied on by the respondent in response to the application; and\n- (b) the nature of the response in relation to each order sought by the applicant.","sortOrder":80},{"sectionNumber":"sec.60","sectionType":"section","heading":"Court may make fortification removal order","content":"### sec.60 Court may make fortification removal order\n\nThe court may make a fortification removal order for stated premises if the court is satisfied—\nthe premises have a fortification; and\nthe fortified premises are either—\nbeing, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or\nowned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders; and\nthe extent or nature of the fortification is excessive for lawful use of that type of premises; and\nmaking the order is appropriate in the circumstances.\nIn considering whether or not to make the order, the court must have regard to the following—\nthe extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;\nthe extent to which making the order will reduce the risk to public safety caused by habitual use of the premises by people mentioned in subsection (1) (b) ;\nthe extent to which making the order will assist in achieving the objects of this Act.\nThe court may also consider anything else the court considers relevant.\nThe fortification removal order may be made whether or not the respondent is present or makes submissions.\nSee section 58 (4) (c) for service requirements for an application to make a fortification removal order.\nThe fortification removal order must state—\nthe premises and the fortification; and\nthe time or the period within which the fortification must be removed or modified; and\nif the order requires the fortification to be modified—details of the modification.\ns 60 ins 2016 No. 62 s 267\n(sec.60-ssec.1) The court may make a fortification removal order for stated premises if the court is satisfied— the premises have a fortification; and the fortified premises are either— being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders; and the extent or nature of the fortification is excessive for lawful use of that type of premises; and making the order is appropriate in the circumstances.\n(sec.60-ssec.2) In considering whether or not to make the order, the court must have regard to the following— the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise; the extent to which making the order will reduce the risk to public safety caused by habitual use of the premises by people mentioned in subsection (1) (b) ; the extent to which making the order will assist in achieving the objects of this Act.\n(sec.60-ssec.3) The court may also consider anything else the court considers relevant.\n(sec.60-ssec.4) The fortification removal order may be made whether or not the respondent is present or makes submissions. See section 58 (4) (c) for service requirements for an application to make a fortification removal order.\n(sec.60-ssec.5) The fortification removal order must state— the premises and the fortification; and the time or the period within which the fortification must be removed or modified; and if the order requires the fortification to be modified—details of the modification.\n- (a) the premises have a fortification; and\n- (b) the fortified premises are either— (i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or (ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders; and\n- (i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or\n- (ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders; and\n- (c) the extent or nature of the fortification is excessive for lawful use of that type of premises; and\n- (d) making the order is appropriate in the circumstances.\n- (i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or\n- (ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders; and\n- (a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;\n- (b) the extent to which making the order will reduce the risk to public safety caused by habitual use of the premises by people mentioned in subsection (1) (b) ;\n- (c) the extent to which making the order will assist in achieving the objects of this Act.\n- (a) the premises and the fortification; and\n- (b) the time or the period within which the fortification must be removed or modified; and\n- (c) if the order requires the fortification to be modified—details of the modification.","sortOrder":81},{"sectionNumber":"sec.61","sectionType":"section","heading":"Conditions","content":"### sec.61 Conditions\n\nIn making a fortification removal order for stated premises, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making the order.\nWithout limiting subsection (1) , a condition may require the respondent to remove or modify the fortification the subject of the order within a stated period.\ns 61 ins 2016 No. 62 s 267\n(sec.61-ssec.1) In making a fortification removal order for stated premises, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making the order.\n(sec.61-ssec.2) Without limiting subsection (1) , a condition may require the respondent to remove or modify the fortification the subject of the order within a stated period.","sortOrder":82},{"sectionNumber":"sec.62","sectionType":"section","heading":"When order takes effect","content":"### sec.62 When order takes effect\n\nA fortification removal order takes effect—\nwhen the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or\nif paragraph (a) does not apply—when a police officer serves the order on the respondent.\nService under subsection (1) (b) must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.\ns 62 ins 2016 No. 62 s 267\n(sec.62-ssec.1) A fortification removal order takes effect— when the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the order on the respondent.\n(sec.62-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.\n- (a) when the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or\n- (b) if paragraph (a) does not apply—when a police officer serves the order on the respondent.","sortOrder":83},{"sectionNumber":"sec.63","sectionType":"section","heading":"Revocation or variation","content":"### sec.63 Revocation or variation\n\nThe court, at any time on application by a senior police officer, may make an order to vary or revoke a fortification removal order.\nAn application must state—\nthe grounds on which the variation or revocation is sought; and\nthe information supporting the grounds on which the variation or revocation is sought.\nThe application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\nA police officer must serve a copy of the application, with any accompanying affidavit, on an owner or occupier of the premises.\nA police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the premises as soon as practicable after the order is made.\nService of the application or order must be by personal service or, if personal service is not practicable or the owner or occupier is a group of persons, by public notice.\ns 63 ins 2016 No. 62 s 267\n(sec.63-ssec.1) The court, at any time on application by a senior police officer, may make an order to vary or revoke a fortification removal order.\n(sec.63-ssec.2) An application must state— the grounds on which the variation or revocation is sought; and the information supporting the grounds on which the variation or revocation is sought.\n(sec.63-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.\n(sec.63-ssec.4) A police officer must serve a copy of the application, with any accompanying affidavit, on an owner or occupier of the premises.\n(sec.63-ssec.5) A police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the premises as soon as practicable after the order is made.\n(sec.63-ssec.6) Service of the application or order must be by personal service or, if personal service is not practicable or the owner or occupier is a group of persons, by public notice.\n- (a) the grounds on which the variation or revocation is sought; and\n- (b) the information supporting the grounds on which the variation or revocation is sought.","sortOrder":84},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Police powers for enforcing fortification removal orders","content":"## Police powers for enforcing fortification removal orders","sortOrder":85},{"sectionNumber":"sec.64","sectionType":"section","heading":"Application of division","content":"### sec.64 Application of division\n\nThis division applies if—\na fortification removal order has taken effect; and\nthe period within which to file an appeal about the order has ended and—\nno appeal about the order has been filed; or\nany appeal about the order has been withdrawn or dismissed; and\nthe order has not been complied with.\ns 64 ins 2016 No. 62 s 267\n- (a) a fortification removal order has taken effect; and\n- (b) the period within which to file an appeal about the order has ended and— (i) no appeal about the order has been filed; or (ii) any appeal about the order has been withdrawn or dismissed; and\n- (i) no appeal about the order has been filed; or\n- (ii) any appeal about the order has been withdrawn or dismissed; and\n- (c) the order has not been complied with.\n- (i) no appeal about the order has been filed; or\n- (ii) any appeal about the order has been withdrawn or dismissed; and","sortOrder":86},{"sectionNumber":"sec.65","sectionType":"section","heading":"Powers for removing and modifying fortifications","content":"### sec.65 Powers for removing and modifying fortifications\n\nA police officer may cause the fortification the subject of the fortification removal order to be removed or modified to the extent required under the order ( enforcement action ).\nA police officer may, for taking enforcement action, do all or any of the following—\nenter the fortified premises the subject of the order;\nremain on the fortified premises for the time necessary to achieve the removal or modification;\nobtain expert or technical advice;\ntake into or onto the fortified premises any persons, equipment and materials the police officer reasonably requires to take the action;\nrequire the occupier of the fortified premises, or a person at the premises, to give the police officer reasonable help to take the action or exercise the powers under paragraphs (a) to (d) ;\nremove any person from the fortified premises if it is necessary or desirable to do so to take the action.\nA police officer may use force that is reasonably necessary to remove a person under subsection (2) (f) .\nThe powers under this section—\nmay, subject to sections 66 and 67 and the terms of the order, be exercised at any time and as often as is required to achieve the removal or modification; and\ndo not limit or otherwise affect any enforcement powers under the fortification removal order.\ns 65 ins 2016 No. 62 s 267\n(sec.65-ssec.1) A police officer may cause the fortification the subject of the fortification removal order to be removed or modified to the extent required under the order ( enforcement action ).\n(sec.65-ssec.2) A police officer may, for taking enforcement action, do all or any of the following— enter the fortified premises the subject of the order; remain on the fortified premises for the time necessary to achieve the removal or modification; obtain expert or technical advice; take into or onto the fortified premises any persons, equipment and materials the police officer reasonably requires to take the action; require the occupier of the fortified premises, or a person at the premises, to give the police officer reasonable help to take the action or exercise the powers under paragraphs (a) to (d) ; remove any person from the fortified premises if it is necessary or desirable to do so to take the action.\n(sec.65-ssec.3) A police officer may use force that is reasonably necessary to remove a person under subsection (2) (f) .\n(sec.65-ssec.4) The powers under this section— may, subject to sections 66 and 67 and the terms of the order, be exercised at any time and as often as is required to achieve the removal or modification; and do not limit or otherwise affect any enforcement powers under the fortification removal order.\n- (a) enter the fortified premises the subject of the order;\n- (b) remain on the fortified premises for the time necessary to achieve the removal or modification;\n- (c) obtain expert or technical advice;\n- (d) take into or onto the fortified premises any persons, equipment and materials the police officer reasonably requires to take the action;\n- (e) require the occupier of the fortified premises, or a person at the premises, to give the police officer reasonable help to take the action or exercise the powers under paragraphs (a) to (d) ;\n- (f) remove any person from the fortified premises if it is necessary or desirable to do so to take the action.\n- (a) may, subject to sections 66 and 67 and the terms of the order, be exercised at any time and as often as is required to achieve the removal or modification; and\n- (b) do not limit or otherwise affect any enforcement powers under the fortification removal order.","sortOrder":87},{"sectionNumber":"sec.66","sectionType":"section","heading":"Procedure for entry to fortified premises","content":"### sec.66 Procedure for entry to fortified premises\n\nThis section applies if—\na police officer is intending to enter fortified premises to take enforcement action; and\na person who is the respondent or an occupier of the fortified premises is present at the premises.\nBefore entering the fortified premises, the police officer must do, or make a reasonable attempt to do, the following—\nidentify himself or herself to the person;\ntell the person—\nthe purpose of the entry; and\nthat the police officer is permitted under this Act to enter the fortified premises without the person’s consent; and\nabout any ancillary powers the police officer thinks may need to be exercised to take the enforcement action;\ngive the person an opportunity to allow the police officer to enter the fortified premises immediately without using force.\nHowever, subsection (2) does not apply if the fortification makes it impracticable to tell the occupier anything.\nIn this section—\nancillary powers means—\nthe powers under section 65 (2) (c) to (f) as affected by the fortification removal order; and\nany powers under the fortification removal order.\ns 66 ins 2016 No. 62 s 267\n(sec.66-ssec.1) This section applies if— a police officer is intending to enter fortified premises to take enforcement action; and a person who is the respondent or an occupier of the fortified premises is present at the premises.\n(sec.66-ssec.2) Before entering the fortified premises, the police officer must do, or make a reasonable attempt to do, the following— identify himself or herself to the person; tell the person— the purpose of the entry; and that the police officer is permitted under this Act to enter the fortified premises without the person’s consent; and about any ancillary powers the police officer thinks may need to be exercised to take the enforcement action; give the person an opportunity to allow the police officer to enter the fortified premises immediately without using force.\n(sec.66-ssec.3) However, subsection (2) does not apply if the fortification makes it impracticable to tell the occupier anything.\n(sec.66-ssec.4) In this section— ancillary powers means— the powers under section 65 (2) (c) to (f) as affected by the fortification removal order; and any powers under the fortification removal order.\n- (a) a police officer is intending to enter fortified premises to take enforcement action; and\n- (b) a person who is the respondent or an occupier of the fortified premises is present at the premises.\n- (a) identify himself or herself to the person;\n- (b) tell the person— (i) the purpose of the entry; and (ii) that the police officer is permitted under this Act to enter the fortified premises without the person’s consent; and (iii) about any ancillary powers the police officer thinks may need to be exercised to take the enforcement action;\n- (i) the purpose of the entry; and\n- (ii) that the police officer is permitted under this Act to enter the fortified premises without the person’s consent; and\n- (iii) about any ancillary powers the police officer thinks may need to be exercised to take the enforcement action;\n- (c) give the person an opportunity to allow the police officer to enter the fortified premises immediately without using force.\n- (i) the purpose of the entry; and\n- (ii) that the police officer is permitted under this Act to enter the fortified premises without the person’s consent; and\n- (iii) about any ancillary powers the police officer thinks may need to be exercised to take the enforcement action;\n- (a) the powers under section 65 (2) (c) to (f) as affected by the fortification removal order; and\n- (b) any powers under the fortification removal order.","sortOrder":88},{"sectionNumber":"sec.67","sectionType":"section","heading":"Requirements for entry to buildings on fortified premises","content":"### sec.67 Requirements for entry to buildings on fortified premises\n\nA police officer or a person authorised by a police officer may enter a building on the fortified premises only if the police officer reasonably believes the entry is needed to take the enforcement action.\nAlso, a person mentioned in subsection (1) may enter a part of the building where a person resides only if—\nthe police officer reasonably believes the fortification consists of or includes that part; and\nentry to the part is needed to take the enforcement action.\ns 67 ins 2016 No. 62 s 267\n(sec.67-ssec.1) A police officer or a person authorised by a police officer may enter a building on the fortified premises only if the police officer reasonably believes the entry is needed to take the enforcement action.\n(sec.67-ssec.2) Also, a person mentioned in subsection (1) may enter a part of the building where a person resides only if— the police officer reasonably believes the fortification consists of or includes that part; and entry to the part is needed to take the enforcement action.\n- (a) the police officer reasonably believes the fortification consists of or includes that part; and\n- (b) entry to the part is needed to take the enforcement action.","sortOrder":89},{"sectionNumber":"sec.68","sectionType":"section","heading":"Exemption from compliance with noise standards","content":"### sec.68 Exemption from compliance with noise standards\n\nNoise made or caused to be made during the taking of the enforcement action does not constitute an offence against the Environmental Protection Act 1994 , section 440Q .\nHowever, subsection (1) does not apply if the enforcement action is taken at a time prohibited under the fortification removal order.\ns 68 ins 2016 No. 62 s 267\n(sec.68-ssec.1) Noise made or caused to be made during the taking of the enforcement action does not constitute an offence against the Environmental Protection Act 1994 , section 440Q .\n(sec.68-ssec.2) However, subsection (1) does not apply if the enforcement action is taken at a time prohibited under the fortification removal order.","sortOrder":90},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Forfeiture of fortifications","content":"## Forfeiture of fortifications","sortOrder":91},{"sectionNumber":"sec.69","sectionType":"section","heading":"Application of division","content":"### sec.69 Application of division\n\nThis division applies if a police officer removes fortification from fortified premises in taking enforcement action.\ns 69 ins 2016 No. 62 s 267","sortOrder":92},{"sectionNumber":"sec.70","sectionType":"section","heading":"Definitions for division","content":"### sec.70 Definitions for division\n\nIn this division—\nnet proceed see section 71 (7) .\nresponsible person , for a provision about a fortification removal order or the taking of enforcement action, means—\nthe respondent to the application for the order; or\nany other person who—\nwas the occupier of the fortified premises when the order was made; and\nknew or ought reasonably to have known about the fortification being installed.\ns 70 ins 2016 No. 62 s 267\n- (a) the respondent to the application for the order; or\n- (b) any other person who— (i) was the occupier of the fortified premises when the order was made; and (ii) knew or ought reasonably to have known about the fortification being installed.\n- (i) was the occupier of the fortified premises when the order was made; and\n- (ii) knew or ought reasonably to have known about the fortification being installed.\n- (i) was the occupier of the fortified premises when the order was made; and\n- (ii) knew or ought reasonably to have known about the fortification being installed.","sortOrder":93},{"sectionNumber":"sec.71","sectionType":"section","heading":"Forfeiture of removed fortification","content":"### sec.71 Forfeiture of removed fortification\n\nThe commissioner may forfeit the removed fortification to the State.\nOn the forfeiture, the removed fortification—\nbecomes the property of the State; and\nmay, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\nWithout limiting subsection (2) , the commissioner may destroy or dispose of the removed fortification.\nSubsections (5) and (6) apply if the commissioner proposes to sell the removed fortification.\nThe sale must be by auction.\nThe proceeds of the sale must be applied in the following order—\nfirst, in meeting the expenses of the sale;\nsecond, in meeting any reasonable costs incurred in—\ntaking the enforcement action; and\nstoring the removed fortification; and\ndoing anything necessary to prepare the fortification for sale;\nthird, to the consolidated fund.\nAn amount applied under subsection (6) (c) is a net proceed from the removed fortification.\ns 71 ins 2016 No. 62 s 267\n(sec.71-ssec.1) The commissioner may forfeit the removed fortification to the State.\n(sec.71-ssec.2) On the forfeiture, the removed fortification— becomes the property of the State; and may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\n(sec.71-ssec.3) Without limiting subsection (2) , the commissioner may destroy or dispose of the removed fortification.\n(sec.71-ssec.4) Subsections (5) and (6) apply if the commissioner proposes to sell the removed fortification.\n(sec.71-ssec.5) The sale must be by auction.\n(sec.71-ssec.6) The proceeds of the sale must be applied in the following order— first, in meeting the expenses of the sale; second, in meeting any reasonable costs incurred in— taking the enforcement action; and storing the removed fortification; and doing anything necessary to prepare the fortification for sale; third, to the consolidated fund.\n(sec.71-ssec.7) An amount applied under subsection (6) (c) is a net proceed from the removed fortification.\n- (a) becomes the property of the State; and\n- (b) may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.\n- (a) first, in meeting the expenses of the sale;\n- (b) second, in meeting any reasonable costs incurred in— (i) taking the enforcement action; and (ii) storing the removed fortification; and (iii) doing anything necessary to prepare the fortification for sale;\n- (i) taking the enforcement action; and\n- (ii) storing the removed fortification; and\n- (iii) doing anything necessary to prepare the fortification for sale;\n- (c) third, to the consolidated fund.\n- (i) taking the enforcement action; and\n- (ii) storing the removed fortification; and\n- (iii) doing anything necessary to prepare the fortification for sale;","sortOrder":94},{"sectionNumber":"sec.72","sectionType":"section","heading":"Recovery of enforcement costs","content":"### sec.72 Recovery of enforcement costs\n\nThe State may recover from a responsible person as a debt any reasonable costs incurred in taking the enforcement action.\nSubsection (3) applies if—\nthe fortification the subject of the enforcement action was removed in taking the action; and\nthe removed fortification has been forfeited to the State under section 71 .\nAny net proceed from the fortification must be set off against the amount of the debt.\ns 72 ins 2016 No. 62 s 267\n(sec.72-ssec.1) The State may recover from a responsible person as a debt any reasonable costs incurred in taking the enforcement action.\n(sec.72-ssec.2) Subsection (3) applies if— the fortification the subject of the enforcement action was removed in taking the action; and the removed fortification has been forfeited to the State under section 71 .\n(sec.72-ssec.3) Any net proceed from the fortification must be set off against the amount of the debt.\n- (a) the fortification the subject of the enforcement action was removed in taking the action; and\n- (b) the removed fortification has been forfeited to the State under section 71 .","sortOrder":95},{"sectionNumber":"sec.73","sectionType":"section","heading":"Compensation from State to particular owners","content":"### sec.73 Compensation from State to particular owners\n\nThis section applies if—\na fortification has been removed or modified under a fortification removal order or because of the taking of enforcement action; and\nthe owner of the fortified premises is someone other than a responsible person.\nThe owner may claim compensation from the State for any reasonable costs incurred for all or any of the following—\nrepairing any damage to the fortified premises because of the removal or modification;\nrestoring the fortified premises to the condition the premises were in before the fortification was made.\nThe compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.\nA court may order compensation in a proceeding to be paid only if the court is satisfied it is just to make the order in the circumstances of the particular case.\ns 73 ins 2016 No. 62 s 267\n(sec.73-ssec.1) This section applies if— a fortification has been removed or modified under a fortification removal order or because of the taking of enforcement action; and the owner of the fortified premises is someone other than a responsible person.\n(sec.73-ssec.2) The owner may claim compensation from the State for any reasonable costs incurred for all or any of the following— repairing any damage to the fortified premises because of the removal or modification; restoring the fortified premises to the condition the premises were in before the fortification was made.\n(sec.73-ssec.3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction.\n(sec.73-ssec.4) A court may order compensation in a proceeding to be paid only if the court is satisfied it is just to make the order in the circumstances of the particular case.\n- (a) a fortification has been removed or modified under a fortification removal order or because of the taking of enforcement action; and\n- (b) the owner of the fortified premises is someone other than a responsible person.\n- (a) repairing any damage to the fortified premises because of the removal or modification;\n- (b) restoring the fortified premises to the condition the premises were in before the fortification was made.","sortOrder":96},{"sectionNumber":"sec.74","sectionType":"section","heading":"Recovery of paid compensation from responsible person","content":"### sec.74 Recovery of paid compensation from responsible person\n\nThis section applies if—\nan owner mentioned in section 73 has made a claim against the State under that section; and\nthe State has paid the owner an amount for the claim.\nThe State may recover the amount from any responsible person as a debt.\nHowever, any net proceed from the relevant fortification that has not already been set off under section 72 (3) must be set off against the amount.\nFor this section it does not matter—\nwhether the amount was paid because of a judgment in a proceeding for the claim or under a compromise of the claim; or\nthat the responsible person was not a party to the proceeding or compromise.\ns 74 ins 2016 No. 62 s 267\n(sec.74-ssec.1) This section applies if— an owner mentioned in section 73 has made a claim against the State under that section; and the State has paid the owner an amount for the claim.\n(sec.74-ssec.2) The State may recover the amount from any responsible person as a debt.\n(sec.74-ssec.3) However, any net proceed from the relevant fortification that has not already been set off under section 72 (3) must be set off against the amount.\n(sec.74-ssec.4) For this section it does not matter— whether the amount was paid because of a judgment in a proceeding for the claim or under a compromise of the claim; or that the responsible person was not a party to the proceeding or compromise.\n- (a) an owner mentioned in section 73 has made a claim against the State under that section; and\n- (b) the State has paid the owner an amount for the claim.\n- (a) whether the amount was paid because of a judgment in a proceeding for the claim or under a compromise of the claim; or\n- (b) that the responsible person was not a party to the proceeding or compromise.","sortOrder":97},{"sectionNumber":"pt.5-div.5","sectionType":"division","heading":"Offence","content":"## Offence","sortOrder":98},{"sectionNumber":"sec.75","sectionType":"section","heading":"Hindering removal or modification of a fortification","content":"### sec.75 Hindering removal or modification of a fortification\n\nA person who does an act or makes an omission with intent to hinder any of the following commits a misdemeanour—\nthe removal or modification of a fortification under a fortification removal order;\nthe taking of enforcement action.\nMaximum penalty—5 years imprisonment.\nIn this section—\nfortification removal order only includes a fortification removal order if—\nthe order has taken effect; and\nthe period within which to file an appeal about the order has ended and—\nno appeal about the order has been filed; or\nany appeal about the order has been withdrawn or dismissed.\nhinder includes prevent, obstruct, interfere with and delay.\ns 75 ins 2016 No. 62 s 267\n(sec.75-ssec.1) A person who does an act or makes an omission with intent to hinder any of the following commits a misdemeanour— the removal or modification of a fortification under a fortification removal order; the taking of enforcement action. Maximum penalty—5 years imprisonment.\n(sec.75-ssec.2) In this section— fortification removal order only includes a fortification removal order if— the order has taken effect; and the period within which to file an appeal about the order has ended and— no appeal about the order has been filed; or any appeal about the order has been withdrawn or dismissed. hinder includes prevent, obstruct, interfere with and delay.\n- (a) the removal or modification of a fortification under a fortification removal order;\n- (b) the taking of enforcement action.\n- (a) the order has taken effect; and\n- (b) the period within which to file an appeal about the order has ended and— (i) no appeal about the order has been filed; or (ii) any appeal about the order has been withdrawn or dismissed.\n- (i) no appeal about the order has been filed; or\n- (ii) any appeal about the order has been withdrawn or dismissed.\n- (i) no appeal about the order has been filed; or\n- (ii) any appeal about the order has been withdrawn or dismissed.","sortOrder":99},{"sectionNumber":"pt.5-div.6","sectionType":"division","heading":"Evidentiary matters","content":"## Evidentiary matters","sortOrder":100},{"sectionNumber":"sec.76","sectionType":"section","heading":"Power to give stop and desist notice","content":"### sec.76 Power to give stop and desist notice\n\nA commissioned officer may give a notice (a stop and desist notice ), in the approved form, to an owner or occupier of premises requiring the owner or occupier to stop and desist from installing stated fortification of the premises.\nA commissioned officer may give a stop and desist notice only if the officer reasonably believes—\nsteps are being taken to install excessive fortification of the premises; and\nthe premises are either—\nbeing, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or\nowned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders.\nThe notice takes effect—\nwhen the notice is given by a police officer to an owner or occupier of the premises by personal service; or\nif service under paragraph (a) is not practicable—by leaving the notice at the premises in a conspicuous place.\nThe notice remains in force until the day that is 14 days after the day on which the notice is given to the owner or occupier under subsection (3) .\ns 76 ins 2016 No. 62 s 267\n(sec.76-ssec.1) A commissioned officer may give a notice (a stop and desist notice ), in the approved form, to an owner or occupier of premises requiring the owner or occupier to stop and desist from installing stated fortification of the premises.\n(sec.76-ssec.2) A commissioned officer may give a stop and desist notice only if the officer reasonably believes— steps are being taken to install excessive fortification of the premises; and the premises are either— being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders.\n(sec.76-ssec.3) The notice takes effect— when the notice is given by a police officer to an owner or occupier of the premises by personal service; or if service under paragraph (a) is not practicable—by leaving the notice at the premises in a conspicuous place.\n(sec.76-ssec.4) The notice remains in force until the day that is 14 days after the day on which the notice is given to the owner or occupier under subsection (3) .\n- (a) steps are being taken to install excessive fortification of the premises; and\n- (b) the premises are either— (i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or (ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders.\n- (i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or\n- (ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders.\n- (i) being, have been or are likely to be, used for or in connection with serious criminal activity, or to conceal evidence of, or to keep proceeds of, serious criminal activity; or\n- (ii) owned or habitually occupied or used by a criminal organisation, participants in a criminal organisation, recognised offenders, or associates of recognised offenders.\n- (a) when the notice is given by a police officer to an owner or occupier of the premises by personal service; or\n- (b) if service under paragraph (a) is not practicable—by leaving the notice at the premises in a conspicuous place.","sortOrder":101},{"sectionNumber":"sec.77","sectionType":"section","heading":"Noncompliance with stop and desist notice taken to be evidence of fortification","content":"### sec.77 Noncompliance with stop and desist notice taken to be evidence of fortification\n\nThis section applies if—\na commissioned officer gives a stop and desist notice to an owner or occupier of premises within 14 days before applying for a fortification removal order for the premises; and\nthe notice has not been complied with before the day of the hearing of the application.\nIn a proceeding relating to the application for the fortification removal order, evidence that the notice has not been complied with is evidence of the matters mentioned in section 60 (1) (a) to (c) unless proven otherwise.\ns 77 ins 2016 No. 62 s 267\n(sec.77-ssec.1) This section applies if— a commissioned officer gives a stop and desist notice to an owner or occupier of premises within 14 days before applying for a fortification removal order for the premises; and the notice has not been complied with before the day of the hearing of the application.\n(sec.77-ssec.2) In a proceeding relating to the application for the fortification removal order, evidence that the notice has not been complied with is evidence of the matters mentioned in section 60 (1) (a) to (c) unless proven otherwise.\n- (a) a commissioned officer gives a stop and desist notice to an owner or occupier of premises within 14 days before applying for a fortification removal order for the premises; and\n- (b) the notice has not been complied with before the day of the hearing of the application.","sortOrder":102},{"sectionNumber":"pt.6","sectionType":"part","heading":"Court proceedings","content":"# Court proceedings","sortOrder":103},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Jurisdiction","content":"## Jurisdiction","sortOrder":104},{"sectionNumber":"sec.78","sectionType":"section","heading":"Conferral of jurisdiction","content":"### sec.78 Conferral of jurisdiction\n\nA court has jurisdiction—\nto hear and decide an application made to the court under this Act; and\nto perform any other function or exercise any other power conferred on the court under this Act.\ns 78 ins 2016 No. 62 s 267\n- (a) to hear and decide an application made to the court under this Act; and\n- (b) to perform any other function or exercise any other power conferred on the court under this Act.","sortOrder":105},{"sectionNumber":"sec.79","sectionType":"section","heading":"Constitution of Magistrates Court","content":"### sec.79 Constitution of Magistrates Court\n\nA court exercising jurisdiction under this Act must be constituted by a magistrate.\ns 79 ins 2016 No. 62 s 267","sortOrder":106},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Proceedings for orders","content":"## Proceedings for orders","sortOrder":107},{"sectionNumber":"sec.80","sectionType":"section","heading":"General application of rules of court","content":"### sec.80 General application of rules of court\n\nThe Uniform Civil Procedure Rules 1999 apply in relation to applications made to a court under this Act to the extent the rules are consistent with this Act.\ns 80 ins 2016 No. 62 s 267","sortOrder":108},{"sectionNumber":"sec.81","sectionType":"section","heading":"Standard of proof","content":"### sec.81 Standard of proof\n\nA question of fact in proceedings under this Act, other than proceedings for an offence, is to be decided on the balance of probabilities.\ns 81 ins 2016 No. 62 s 267","sortOrder":109},{"sectionNumber":"sec.82","sectionType":"section","heading":"Service by public notice","content":"### sec.82 Service by public notice\n\nThis section applies if service by a police officer of an application or order by public notice is required or authorised by a provision of this Act.\nFor service by public notice to be effective, the police officer must publish a notice—\nin a newspaper circulating throughout the State; and\non the QPS website.\nThe notice under subsection (2) need only state the following—\nthe general nature of the application or order;\nthe respondent for the application or order;\nfor an application—how copies of any affidavit or draft order to be used in the application may be obtained or read.\ns 82 ins 2016 No. 62 s 267\n(sec.82-ssec.1) This section applies if service by a police officer of an application or order by public notice is required or authorised by a provision of this Act.\n(sec.82-ssec.2) For service by public notice to be effective, the police officer must publish a notice— in a newspaper circulating throughout the State; and on the QPS website.\n(sec.82-ssec.3) The notice under subsection (2) need only state the following— the general nature of the application or order; the respondent for the application or order; for an application—how copies of any affidavit or draft order to be used in the application may be obtained or read.\n- (a) in a newspaper circulating throughout the State; and\n- (b) on the QPS website.\n- (a) the general nature of the application or order;\n- (b) the respondent for the application or order;\n- (c) for an application—how copies of any affidavit or draft order to be used in the application may be obtained or read.","sortOrder":110},{"sectionNumber":"sec.83","sectionType":"section","heading":"Service affidavit that must be filed","content":"### sec.83 Service affidavit that must be filed\n\nThis section applies for a provision of this Act that requires service of an application or order by a police officer by personal service or public notice.\nFor personal service, the police officer must file, as soon as practicable, an affidavit of personal service made by the individual who personally served the application or order.\nFor service by public notice, the police officer must file, by the end of the next business day after publication, an affidavit stating the following—\nwhy the service was by public notice rather than personal service;\nif the service was by public notice because it was not practicable to personally serve the application or order, the reasons personal service was not practicable;\nthe steps taken to publish the notice.\nThe affidavit mentioned in subsection (3) must be accompanied by a copy of the published notice.\nAs soon as practicable after the affidavit mentioned in subsection (3) is filed, a sealed copy of the affidavit and notice must be sent by registered post to the respondent to the application or order at the respondent’s last known address.\nHowever, if the respondent is a group of persons and the police officer is not aware of any address of the respondent—\nsubsection (5) applies only if the police officer is aware of the address of an individual who the police officer believes to be an office holder of the group; and\nif subsection (5) applies under paragraph (a) , the subsection applies as if a reference to the respondent were a reference to the office holder.\ns 83 ins 2016 No. 62 s 267\n(sec.83-ssec.1) This section applies for a provision of this Act that requires service of an application or order by a police officer by personal service or public notice.\n(sec.83-ssec.2) For personal service, the police officer must file, as soon as practicable, an affidavit of personal service made by the individual who personally served the application or order.\n(sec.83-ssec.3) For service by public notice, the police officer must file, by the end of the next business day after publication, an affidavit stating the following— why the service was by public notice rather than personal service; if the service was by public notice because it was not practicable to personally serve the application or order, the reasons personal service was not practicable; the steps taken to publish the notice.\n(sec.83-ssec.4) The affidavit mentioned in subsection (3) must be accompanied by a copy of the published notice.\n(sec.83-ssec.5) As soon as practicable after the affidavit mentioned in subsection (3) is filed, a sealed copy of the affidavit and notice must be sent by registered post to the respondent to the application or order at the respondent’s last known address.\n(sec.83-ssec.6) However, if the respondent is a group of persons and the police officer is not aware of any address of the respondent— subsection (5) applies only if the police officer is aware of the address of an individual who the police officer believes to be an office holder of the group; and if subsection (5) applies under paragraph (a) , the subsection applies as if a reference to the respondent were a reference to the office holder.\n- (a) why the service was by public notice rather than personal service;\n- (b) if the service was by public notice because it was not practicable to personally serve the application or order, the reasons personal service was not practicable;\n- (c) the steps taken to publish the notice.\n- (a) subsection (5) applies only if the police officer is aware of the address of an individual who the police officer believes to be an office holder of the group; and\n- (b) if subsection (5) applies under paragraph (a) , the subsection applies as if a reference to the respondent were a reference to the office holder.","sortOrder":111},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Proceedings for offences","content":"## Proceedings for offences","sortOrder":112},{"sectionNumber":"sec.84","sectionType":"section","heading":"Summary proceedings for offences","content":"### sec.84 Summary proceedings for offences\n\nAn offence against this Act not defined as a crime or misdemeanour is a summary offence.\ns 84 ins 2016 No. 62 s 267","sortOrder":113},{"sectionNumber":"sec.85","sectionType":"section","heading":"Proceedings for indictable offence","content":"### sec.85 Proceedings for indictable offence\n\nA proceeding for an indictable offence against this Act may be taken, at the election of the prosecution—\nby way of summary proceeding under the Justices Act 1886 ; or\non indictment.\nA magistrate must not hear an indictable offence summarily if—\nthe defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\nthe magistrate believes the charge should be prosecuted on indictment.\nIf subsection (2) applies—\nthe magistrate must proceed by way of an examination of witnesses for an indictable offence; and\na plea of the person charged at the start of the proceeding must be disregarded; and\nevidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\nbefore committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\ns 85 ins 2016 No. 62 s 267\n(sec.85-ssec.1) A proceeding for an indictable offence against this Act may be taken, at the election of the prosecution— by way of summary proceeding under the Justices Act 1886 ; or on indictment.\n(sec.85-ssec.2) A magistrate must not hear an indictable offence summarily if— the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or the magistrate believes the charge should be prosecuted on indictment.\n(sec.85-ssec.3) If subsection (2) applies— the magistrate must proceed by way of an examination of witnesses for an indictable offence; and a plea of the person charged at the start of the proceeding must be disregarded; and evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .\n- (a) by way of summary proceeding under the Justices Act 1886 ; or\n- (b) on indictment.\n- (a) the defendant asks at the start of the hearing that the charge be prosecuted on indictment; or\n- (b) the magistrate believes the charge should be prosecuted on indictment.\n- (a) the magistrate must proceed by way of an examination of witnesses for an indictable offence; and\n- (b) a plea of the person charged at the start of the proceeding must be disregarded; and\n- (c) evidence brought in the proceeding before the magistrate decided to act under subsection (2) is taken to be evidence in the proceeding for the committal of the person for trial or sentence; and\n- (d) before committing the person for trial or sentence, the magistrate must make a statement to the person as required by the Justices Act 1886 , section 104 (2) (b) .","sortOrder":114},{"sectionNumber":"sec.86","sectionType":"section","heading":"When summary proceeding may start","content":"### sec.86 When summary proceeding may start\n\nA proceeding for a summary offence against this Act must be started within—\n1 year after the offence is committed; or\n1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.\ns 86 ins 2016 No. 62 s 267\n- (a) 1 year after the offence is committed; or\n- (b) 1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed.","sortOrder":115},{"sectionNumber":"pt.6-div.4","sectionType":"division","heading":"Appeals","content":"## Appeals","sortOrder":116},{"sectionNumber":"sec.87","sectionType":"section","heading":"Definition for division","content":"### sec.87 Definition for division\n\nIn this division—\nappellate court means—\nfor an appeal against a public safety order made by a commissioned officer—a court; or\notherwise—the District Court.\ns 87 ins 2016 No. 62 s 267\n- (a) for an appeal against a public safety order made by a commissioned officer—a court; or\n- (b) otherwise—the District Court.","sortOrder":117},{"sectionNumber":"sec.88","sectionType":"section","heading":"Who may appeal","content":"### sec.88 Who may appeal\n\nA person who is aggrieved by any of the following decisions may appeal against the decision—\na decision to make, or refuse to make, any of the following orders—\na public safety order, other than a public safety order of a duration of no more than 72 hours made by a commissioned officer;\na restricted premises order;\na fortification removal order;\na decision to extend, or refuse to extend, a public safety order under part 3 , division 3 ;\na decision to vary, or refuse to vary, any of the following orders—\na public safety order under part 3 , division 3 ;\na restricted premises order;\na fortification removal order;\na decision to make, or refuse to make, an extension order under section 45 ;\na decision to make, or refuse to make, an order under section 51 for the return of a prohibited item.\ns 88 ins 2016 No. 62 s 267\namd 2020 No. 15 s 159\n- (a) a decision to make, or refuse to make, any of the following orders— (i) a public safety order, other than a public safety order of a duration of no more than 72 hours made by a commissioned officer; (ii) a restricted premises order; (iii) a fortification removal order;\n- (i) a public safety order, other than a public safety order of a duration of no more than 72 hours made by a commissioned officer;\n- (ii) a restricted premises order;\n- (iii) a fortification removal order;\n- (b) a decision to extend, or refuse to extend, a public safety order under part 3 , division 3 ;\n- (c) a decision to vary, or refuse to vary, any of the following orders— (i) a public safety order under part 3 , division 3 ; (ii) a restricted premises order; (iii) a fortification removal order;\n- (i) a public safety order under part 3 , division 3 ;\n- (ii) a restricted premises order;\n- (iii) a fortification removal order;\n- (d) a decision to make, or refuse to make, an extension order under section 45 ;\n- (e) a decision to make, or refuse to make, an order under section 51 for the return of a prohibited item.\n- (i) a public safety order, other than a public safety order of a duration of no more than 72 hours made by a commissioned officer;\n- (ii) a restricted premises order;\n- (iii) a fortification removal order;\n- (i) a public safety order under part 3 , division 3 ;\n- (ii) a restricted premises order;\n- (iii) a fortification removal order;","sortOrder":118},{"sectionNumber":"sec.89","sectionType":"section","heading":"How to start appeal","content":"### sec.89 How to start appeal\n\nThe appeal is started by filing a notice of appeal with the registrar of the appellate court.\nThe appellant must—\nserve a copy of the notice on the respondent to the appeal; and\nfile a copy of the notice in the court that made the decision being appealed.\nThe notice of appeal must be filed within 28 days after—\nthe day on which the decision was made; or\nfor a decision made in the absence of an appellant or a legal or other representative of the appellant—the day on which the order the subject of the decision was served on the appellant.\nThe appellate court may at any time extend the period for filing the notice of appeal.\nThe notice of appeal must state fully the grounds of the appeal and the facts relied on.\nDespite subsections (1) to (4) , if the decision being appealed is a decision of a commissioned officer to make a public safety order—\nsubsection (2) (b) does not apply; and\nthe notice of appeal must be filed within 7 days after the order takes effect; and\nthe return date for the hearing of the appeal must be the day after the day the notice of appeal was filed; and\nsubsection (4) does not apply.\ns 89 ins 2016 No. 62 s 267\n(sec.89-ssec.1) The appeal is started by filing a notice of appeal with the registrar of the appellate court.\n(sec.89-ssec.2) The appellant must— serve a copy of the notice on the respondent to the appeal; and file a copy of the notice in the court that made the decision being appealed.\n(sec.89-ssec.3) The notice of appeal must be filed within 28 days after— the day on which the decision was made; or for a decision made in the absence of an appellant or a legal or other representative of the appellant—the day on which the order the subject of the decision was served on the appellant.\n(sec.89-ssec.4) The appellate court may at any time extend the period for filing the notice of appeal.\n(sec.89-ssec.5) The notice of appeal must state fully the grounds of the appeal and the facts relied on.\n(sec.89-ssec.6) Despite subsections (1) to (4) , if the decision being appealed is a decision of a commissioned officer to make a public safety order— subsection (2) (b) does not apply; and the notice of appeal must be filed within 7 days after the order takes effect; and the return date for the hearing of the appeal must be the day after the day the notice of appeal was filed; and subsection (4) does not apply. s 89 ins 2016 No. 62 s 267\n- (a) serve a copy of the notice on the respondent to the appeal; and\n- (b) file a copy of the notice in the court that made the decision being appealed.\n- (a) the day on which the decision was made; or\n- (b) for a decision made in the absence of an appellant or a legal or other representative of the appellant—the day on which the order the subject of the decision was served on the appellant.\n- (a) subsection (2) (b) does not apply; and\n- (b) the notice of appeal must be filed within 7 days after the order takes effect; and\n- (c) the return date for the hearing of the appeal must be the day after the day the notice of appeal was filed; and\n- (d) subsection (4) does not apply.","sortOrder":119},{"sectionNumber":"sec.90","sectionType":"section","heading":"Effect of particular orders not stayed by appeal","content":"### sec.90 Effect of particular orders not stayed by appeal\n\nThis section applies for the purpose of proceedings for an appeal in relation to an order made under part 3 , 4 or 5 .\nThe appeal does not affect—\nthe operation of the order; or\nprevent the taking of action to implement the order.\nHowever, the court may order the suspension of the operation of the order or stay any proceeding under the order if the court is satisfied it would be appropriate to do so, having regard to—\nthe likely impact of the suspension or stay on the protection of the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct; and\nany other relevant matter.\ns 90 ins 2016 No. 62 s 267\n(sec.90-ssec.1) This section applies for the purpose of proceedings for an appeal in relation to an order made under part 3 , 4 or 5 .\n(sec.90-ssec.2) The appeal does not affect— the operation of the order; or prevent the taking of action to implement the order.\n(sec.90-ssec.3) However, the court may order the suspension of the operation of the order or stay any proceeding under the order if the court is satisfied it would be appropriate to do so, having regard to— the likely impact of the suspension or stay on the protection of the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct; and any other relevant matter.\n- (a) the operation of the order; or\n- (b) prevent the taking of action to implement the order.\n- (a) the likely impact of the suspension or stay on the protection of the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct; and\n- (b) any other relevant matter.","sortOrder":120},{"sectionNumber":"sec.91","sectionType":"section","heading":"Hearing procedures","content":"### sec.91 Hearing procedures\n\nAn appeal must be decided on the evidence and proceedings before the court that made the decision being appealed.\nHowever, the appellate court may order that the appeal be heard afresh, in whole or part.\ns 91 ins 2016 No. 62 s 267\n(sec.91-ssec.1) An appeal must be decided on the evidence and proceedings before the court that made the decision being appealed.\n(sec.91-ssec.2) However, the appellate court may order that the appeal be heard afresh, in whole or part.","sortOrder":121},{"sectionNumber":"sec.92","sectionType":"section","heading":"Powers of appellate court","content":"### sec.92 Powers of appellate court\n\nIn deciding an appeal against a decision, the appellate court may—\nconfirm the decision; or\nvary the decision; or\nset aside the decision and substitute another decision; or\nset aside the decision and remit the matter to the court that made the decision.\nThe decision of the appellate court upon an appeal is final and conclusive.\ns 92 ins 2016 No. 62 s 267\n(sec.92-ssec.1) In deciding an appeal against a decision, the appellate court may— confirm the decision; or vary the decision; or set aside the decision and substitute another decision; or set aside the decision and remit the matter to the court that made the decision.\n(sec.92-ssec.2) The decision of the appellate court upon an appeal is final and conclusive.\n- (a) confirm the decision; or\n- (b) vary the decision; or\n- (c) set aside the decision and substitute another decision; or\n- (d) set aside the decision and remit the matter to the court that made the decision.","sortOrder":122},{"sectionNumber":"pt.7","sectionType":"part","heading":"General","content":"# General","sortOrder":123},{"sectionNumber":"pt.7-div.1","sectionType":"division","heading":"General safeguards for things in possession of police service","content":"## General safeguards for things in possession of police service","sortOrder":124},{"sectionNumber":"sec.93","sectionType":"section","heading":"Application of division","content":"### sec.93 Application of division\n\nThis division applies to—\na prohibited item seized by a police officer from restricted premises under section 49 (1) (c) (i) (a thing ); or\nfortification removed by a police officer from fortified premises under section 65 (also a thing ).\ns 93 ins 2016 No. 62 s 267\n- (a) a prohibited item seized by a police officer from restricted premises under section 49 (1) (c) (i) (a thing ); or\n- (b) fortification removed by a police officer from fortified premises under section 65 (also a thing ).","sortOrder":125},{"sectionNumber":"sec.94","sectionType":"section","heading":"Receipt for seized or removed thing","content":"### sec.94 Receipt for seized or removed thing\n\nThe police officer must, as soon as practicable after seizing the thing—\nif the person from whom the thing is seized is present—give to the person a receipt for the thing; or\nif the occupier of the premises is not present—leave a receipt for the thing in a conspicuous place.\nThe receipt may be for a single thing or for all things seized from the person or the premises.\nAlso, the receipt must describe the thing seized and include any other information required under the responsibilities code.\nThis section does not apply if the police officer reasonably believes—\nthere is no-one apparently in possession of the thing; or\nthe thing has been abandoned; or\nthe thing has no value other than as evidence of the commission of an offence.\nIn this section—\nresponsibilities code see the Police Powers and Responsibilities Act 2000 , schedule 6 .\nseize includes remove.\ns 94 ins 2016 No. 62 s 267\n(sec.94-ssec.1) The police officer must, as soon as practicable after seizing the thing— if the person from whom the thing is seized is present—give to the person a receipt for the thing; or if the occupier of the premises is not present—leave a receipt for the thing in a conspicuous place.\n(sec.94-ssec.2) The receipt may be for a single thing or for all things seized from the person or the premises.\n(sec.94-ssec.3) Also, the receipt must describe the thing seized and include any other information required under the responsibilities code.\n(sec.94-ssec.4) This section does not apply if the police officer reasonably believes— there is no-one apparently in possession of the thing; or the thing has been abandoned; or the thing has no value other than as evidence of the commission of an offence.\n(sec.94-ssec.5) In this section— responsibilities code see the Police Powers and Responsibilities Act 2000 , schedule 6 . seize includes remove. s 94 ins 2016 No. 62 s 267\n- (a) if the person from whom the thing is seized is present—give to the person a receipt for the thing; or\n- (b) if the occupier of the premises is not present—leave a receipt for the thing in a conspicuous place.\n- (a) there is no-one apparently in possession of the thing; or\n- (b) the thing has been abandoned; or\n- (c) the thing has no value other than as evidence of the commission of an offence.","sortOrder":126},{"sectionNumber":"sec.95","sectionType":"section","heading":"Responsibilities of police officer taking possession of thing","content":"### sec.95 Responsibilities of police officer taking possession of thing\n\nThe police officer must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as practicable, unless—\nthe thing is earlier returned, destroyed or disposed of under this Act; or\nit is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.\nIf the police officer keeps a thing under subsection (1) (b) , the police officer must deliver the thing to an appropriate property officer or property point as soon as practicable after the reason for keeping the thing ends.\nUntil the thing is delivered to the property officer or property point, the police officer is responsible for the safe keeping of the thing.\nIn this section—\nproperty officer see the Police Powers and Responsibilities Act 2000 , schedule 6 .\nproperty point see the Police Powers and Responsibilities Act 2000 , schedule 6 .\ns 95 ins 2016 No. 62 s 267\n(sec.95-ssec.1) The police officer must ensure the thing is given to an appropriate property officer or delivered to a property point that is appropriate in the circumstances, as soon as practicable, unless— the thing is earlier returned, destroyed or disposed of under this Act; or it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.\n(sec.95-ssec.2) If the police officer keeps a thing under subsection (1) (b) , the police officer must deliver the thing to an appropriate property officer or property point as soon as practicable after the reason for keeping the thing ends.\n(sec.95-ssec.3) Until the thing is delivered to the property officer or property point, the police officer is responsible for the safe keeping of the thing.\n(sec.95-ssec.4) In this section— property officer see the Police Powers and Responsibilities Act 2000 , schedule 6 . property point see the Police Powers and Responsibilities Act 2000 , schedule 6 .\n- (a) the thing is earlier returned, destroyed or disposed of under this Act; or\n- (b) it is necessary to keep the thing for use during questioning or for an investigative procedure involving the thing.","sortOrder":127},{"sectionNumber":"pt.7-div.2","sectionType":"division","heading":"Miscellaneous","content":"## Miscellaneous","sortOrder":128},{"sectionNumber":"sec.96","sectionType":"section","heading":"Delegation by commissioner","content":"### sec.96 Delegation by commissioner\n\nThe commissioner may delegate a function of the commissioner under this Act to a police officer.\nA delegation of a power of the commissioner under subsection (1) may permit the subdelegation of the power to a police officer.\nIn this section—\nfunction includes power.\ns 96 ins 2016 No. 62 s 267\n(sec.96-ssec.1) The commissioner may delegate a function of the commissioner under this Act to a police officer.\n(sec.96-ssec.2) A delegation of a power of the commissioner under subsection (1) may permit the subdelegation of the power to a police officer.\n(sec.96-ssec.3) In this section— function includes power.","sortOrder":129},{"sectionNumber":"sec.97","sectionType":"section","heading":"Protection from liability","content":"### sec.97 Protection from liability\n\nA member of the police service does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\nIf subsection (1) prevents a civil liability attaching to a member of the police service, the liability attaches instead to the State.\nIn this section—\nmember of the police service means a member of the police service under the Police Service Administration Act 1990.\ns 97 ins 2016 No. 62 s 267\n(sec.97-ssec.1) A member of the police service does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.\n(sec.97-ssec.2) If subsection (1) prevents a civil liability attaching to a member of the police service, the liability attaches instead to the State.\n(sec.97-ssec.3) In this section— member of the police service means a member of the police service under the Police Service Administration Act 1990.","sortOrder":130},{"sectionNumber":"sec.98","sectionType":"section","heading":"Review of Act","content":"### sec.98 Review of Act\n\nThis section applies if the Minister appoints, under the Criminal Code , section 736 , a retired judge (the reviewer ) to review the operation of the consorting provisions.\nThe Minister must also appoint the reviewer to—\nreview the operation of this Act, other than part 2 ; and\nprepare, and give the Minister, a written report on the outcome of the review.\nThe terms of reference are to be decided by the Minister.\nWithout limiting subsection (3) , the terms of reference for the review must state the following matters—\nthe object of the review is for the reviewer to decide whether this Act, other than part 2 , is meeting the objects of this Act;\nif the reviewer decides this Act, other than part 2 , is not meeting the objects of this Act, the reviewer must recommend the amendments to the provisions the reviewer considers necessary to improve the effectiveness of the provisions in meeting the objects;\nin conducting the review, the reviewer must consider the information contained in the register of enforcement acts about the exercise of powers under this Act;\nin conducting the review, the reviewer must consider whether any demographic has been disproportionately or adversely affected by this Act, other than part 2 .\nAboriginal people, Torres Strait Islanders, homeless people, drug dependent people\nThe reviewer has access to, and the commissioner may disclose to the reviewer, the information mentioned in subsection (4) (c) despite any other law.\nThe Minister must, within 14 sitting days after receiving the reviewer’s report for the review, table a copy of the report in the Legislative Assembly.\nIn this section—\nconsorting provisions , see the Criminal Code , section 736 (5) .\nregister of enforcement acts see the Police Powers and Responsibilities Act 2000 , schedule 6 .\ns 98 ins 2016 No. 62 s 267\n(sec.98-ssec.1) This section applies if the Minister appoints, under the Criminal Code , section 736 , a retired judge (the reviewer ) to review the operation of the consorting provisions.\n(sec.98-ssec.2) The Minister must also appoint the reviewer to— review the operation of this Act, other than part 2 ; and prepare, and give the Minister, a written report on the outcome of the review.\n(sec.98-ssec.3) The terms of reference are to be decided by the Minister.\n(sec.98-ssec.4) Without limiting subsection (3) , the terms of reference for the review must state the following matters— the object of the review is for the reviewer to decide whether this Act, other than part 2 , is meeting the objects of this Act; if the reviewer decides this Act, other than part 2 , is not meeting the objects of this Act, the reviewer must recommend the amendments to the provisions the reviewer considers necessary to improve the effectiveness of the provisions in meeting the objects; in conducting the review, the reviewer must consider the information contained in the register of enforcement acts about the exercise of powers under this Act; in conducting the review, the reviewer must consider whether any demographic has been disproportionately or adversely affected by this Act, other than part 2 . Aboriginal people, Torres Strait Islanders, homeless people, drug dependent people\n(sec.98-ssec.5) The reviewer has access to, and the commissioner may disclose to the reviewer, the information mentioned in subsection (4) (c) despite any other law.\n(sec.98-ssec.6) The Minister must, within 14 sitting days after receiving the reviewer’s report for the review, table a copy of the report in the Legislative Assembly.\n(sec.98-ssec.7) In this section— consorting provisions , see the Criminal Code , section 736 (5) . register of enforcement acts see the Police Powers and Responsibilities Act 2000 , schedule 6 .\n- (a) review the operation of this Act, other than part 2 ; and\n- (b) prepare, and give the Minister, a written report on the outcome of the review.\n- (a) the object of the review is for the reviewer to decide whether this Act, other than part 2 , is meeting the objects of this Act;\n- (b) if the reviewer decides this Act, other than part 2 , is not meeting the objects of this Act, the reviewer must recommend the amendments to the provisions the reviewer considers necessary to improve the effectiveness of the provisions in meeting the objects;\n- (c) in conducting the review, the reviewer must consider the information contained in the register of enforcement acts about the exercise of powers under this Act;\n- (d) in conducting the review, the reviewer must consider whether any demographic has been disproportionately or adversely affected by this Act, other than part 2 . Examples of a demographic— Aboriginal people, Torres Strait Islanders, homeless people, drug dependent people","sortOrder":131},{"sectionNumber":"sec.99","sectionType":"section","heading":"Approved forms","content":"### sec.99 Approved forms\n\nA form may be approved for use under this Act.\nThe form may be approved by any of the following—\nthe chief executive (magistrates court);\nthe commissioner;\nthe chief executive.\nIn this section—\nchief executive (magistrates court) means the chief executive of the department in which the Magistrates Courts Act 1921 is administered.\ns 99 ins 2016 No. 62 s 267\n(sec.99-ssec.1) A form may be approved for use under this Act.\n(sec.99-ssec.2) The form may be approved by any of the following— the chief executive (magistrates court); the commissioner; the chief executive.\n(sec.99-ssec.3) In this section— chief executive (magistrates court) means the chief executive of the department in which the Magistrates Courts Act 1921 is administered.\n- (a) the chief executive (magistrates court);\n- (b) the commissioner;\n- (c) the chief executive.","sortOrder":132},{"sectionNumber":"sec.100","sectionType":"section","heading":"Regulation-making power","content":"### sec.100 Regulation-making power\n\nThe Governor in Council may make regulations under this Act.\ns 100 ins 2016 No. 62 s 267","sortOrder":133},{"sectionNumber":"pt.8","sectionType":"part","heading":"Transitional provisions for Justice and Other Legislation Amendment Act 2020","content":"# Transitional provisions for Justice and Other Legislation Amendment Act 2020","sortOrder":134},{"sectionNumber":"sec.101","sectionType":"section","heading":"Existing applications for restricted premises orders","content":"### sec.101 Existing applications for restricted premises orders\n\nThis section applies if, before the commencement—\nan application was made under section 34 to a court for a restricted premises order; and\nthe court had not decided the application.\nSection 33, definition disorderly activity , paragraph (b) does not apply in relation to—\nthe making of the restricted premises order under section 36; or\nthe imposition of conditions on the order under section 37.\ns 101 ins 2020 No. 15 s 160\n(sec.101-ssec.1) This section applies if, before the commencement— an application was made under section 34 to a court for a restricted premises order; and the court had not decided the application.\n(sec.101-ssec.2) Section 33, definition disorderly activity , paragraph (b) does not apply in relation to— the making of the restricted premises order under section 36; or the imposition of conditions on the order under section 37.\n- (a) an application was made under section 34 to a court for a restricted premises order; and\n- (b) the court had not decided the application.\n- (a) the making of the restricted premises order under section 36; or\n- (b) the imposition of conditions on the order under section 37.","sortOrder":135},{"sectionNumber":"sec.102","sectionType":"section","heading":"Application of s 54 in relation to particular disorderly activities","content":"### sec.102 Application of s 54 in relation to particular disorderly activities\n\nThis section applies in relation to the owner or occupier of premises if—\nimmediately before the commencement, a restricted premises order was in effect for the premises; or\non or after the commencement, a restricted premises order is made for the premises for an application in relation to which section 101 applies.\nThe owner or occupier does not commit a misdemeanour under section 54 in relation to a disorderly activity, mentioned in section 33, definition disorderly activity , paragraph (b), taking place at the premises while the restricted premises order is in effect.\ns 102 ins 2020 No. 15 s 160\n(sec.102-ssec.1) This section applies in relation to the owner or occupier of premises if— immediately before the commencement, a restricted premises order was in effect for the premises; or on or after the commencement, a restricted premises order is made for the premises for an application in relation to which section 101 applies.\n(sec.102-ssec.2) The owner or occupier does not commit a misdemeanour under section 54 in relation to a disorderly activity, mentioned in section 33, definition disorderly activity , paragraph (b), taking place at the premises while the restricted premises order is in effect.\n- (a) immediately before the commencement, a restricted premises order was in effect for the premises; or\n- (b) on or after the commencement, a restricted premises order is made for the premises for an application in relation to which section 101 applies.","sortOrder":136},{"sectionNumber":"sec.103","sectionType":"section","heading":"Appeals may not be made against particular decisions made before commencement","content":"### sec.103 Appeals may not be made against particular decisions made before commencement\n\nSection 88(e) does not apply in relation to a decision, made before the commencement, to make an order under section 51 for the return of a prohibited item.\ns 103 ins 2020 No. 15 s 160","sortOrder":137}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act began in 1982 as a narrow, traditional law allowing individuals to seek court protection from personal threats — essentially a 'keep the peace' complaint mechanism with deep historical roots in English common law. By 2016, major amendments (Act No. 62 of 2016) dramatically expanded its scope to include: police-issued public safety orders banning people from places without prior court approval; court-issued public safety orders targeting individuals and groups linked to organised crime; restricted premises orders allowing intervention in how private properties are used; and fortification removal orders targeting criminal-style building modifications. The law now functions as a broad public order and organised crime management statute, well beyond its original purpose of resolving interpersonal disputes."},"complexity_factors":["Multiple distinct order types (peace orders, public safety orders by police, public safety orders by courts, restricted premises orders, fortification orders) each with different rules and procedures","Dual-track system for public safety orders — police can issue short-term orders unilaterally, while courts handle longer-term orders, with different procedural requirements for each","Extensive cross-referencing to other Queensland legislation including the Justices Act 1886, Bail Act 1980, Liquor Act 1992, Police Powers and Responsibilities Act 2000, Peaceful Assembly Act 1992, Youth Justice Act 1992, and Dispute Resolution Centres Act 1990","Complex definitions that rely on terms defined elsewhere (e.g. 'recognised offender', 'control order', 'criminal organisation', 'associate') which are not fully defined within this Act itself","Group liability provisions — orders can apply to entire groups, with nuanced rules about how group membership is assessed and how orders bind individuals within groups","Multiple overlapping trigger conditions and multi-factor balancing tests courts and officers must apply when deciding to make orders","Intricate procedural timelines (7-day appeal windows, 72-hour thresholds triggering different rules, 35-day return dates, 5-business-day response periods, 7-business-day service windows)","Emergency/urgent provisions creating parallel procedural tracks (telephone warrants, verbal order communication, next-business-day publication obligations)","Significant expansion from original 1982 Act scope through 2016 amendments, adding entirely new parts dealing with organised crime, public safety, and fortifications","Fortification provisions involve technical assessments of what constitutes 'excessive' fortification for a lawful use of a particular type of premises — a judgment-intensive standard"],"plain_english_summary":"The Peace and Good Behaviour Act 1982 gives Queensland police and courts a toolkit to manage public order: it lets individuals seek court protection, allows police to issue short-term bans from places or events, and enables courts to impose longer restrictions — including on premises suspected of criminal use.  \n\nIt mainly targets known offenders, criminal networks and their associates, but also affects property owners and ordinary people who seek protection. It matters because it grants broad, sometimes warrantless powers to police while leaving limited, time‑sensitive appeal routes."},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act’s scope was broadened after its original form by later amendments reflected in the text: 2016 insertions establish public safety orders, restricted‑premises and fortification removal regimes and expanded police enforcement powers (see Pt 3, Pt 4, Pt 5 generally, e.g. secs 17–20, 34–38, 58–65). The 2020 amendments alter the definition of disorderly activity and add transitional protections for existing applications (secs 33, 101–102). Regulatory limits on prescribing 'prescribed places' after commencement are imposed (sec 41(2)). These changes expand executive enforcement powers and add new procedures and remedial remedies while including transitional and oversight safeguards."},"complexity_factors":["Multiple distinct order regimes with different makers, durations and procedures (peace & good behaviour orders under Pt 2; short-term commissioned-officer public safety orders (secs 17–24) and longer court-ordered public safety orders (secs 25–29); restricted premises orders (secs 34–38); fortification removal orders (secs 58–63)).","Delegated executive decision-making and urgent procedures (commissioned officers can issue 7‑day orders and seek court authorisation including by telephone; affidavit verification and after‑the‑fact verification required) (sec 17, sec 19).","Broad enforcement powers for police including stop/detain/search, warrantless entry and search of restricted premises, seizure, photographing and forced removal/modification of fortifications (secs 31, 49, 65–67).","Criminal penalties and mixed summary/indictable formats with different limitation and appeal rules (contraventions and misdemeanours carry penalties up to imprisonment; summary/indictable election and time limits) (secs 11, 32, 54, 75, secs 84–86, 85).","Evidentiary presumptions and procedural shortcuts (evidence that fortifications hindered police or that stop-and-desist notices were ignored is treated as evidence of disorderly activity unless disproven) (secs 55, 76–77).","Interactions and dependencies with other legislation and bodies (Justices Act 1886, Bail Act 1980, Police Powers and Responsibilities Act 2000, Sustainable Planning Act 2009; public interest monitor access; approved forms and regulations) (secs 9–10, 16, 24, 57, 99–100).","Detailed service and publication rules for personal service and public notice (including special rules for groups, minors and persons with impaired intellectual functioning) and associated affidavits to certify service (secs 21–22, 82–83).","Forfeiture, sale and financial recovery regimes for seized or removed items and fortifications, and state recovery of enforcement or compensation costs (secs 50–53, 71–74).","Administrative oversight and review requirements, including a statutory review mechanism tied to consorting provisions and access to enforcement registers (sec 98)."],"plain_english_summary":"This Act gives magistrates and authorised police officers new tools to manage antisocial or criminal behaviour: courts and senior/commissioned police can make orders to keep a person of good behaviour, exclude people from places or events, restrict premises where disorderly or criminal activity happens, and require removal of excessive fortifications. Breaching those orders attracts criminal penalties and police are given search, entry, seizure and enforcement powers. It affects suspected offenders, their associates, owners/occupiers of premises, event organisers and the police; it matters because it creates administrative and criminal mechanisms to reduce identifiable public-safety risks."},"kimi_summary":{"_metrics":{"completionTokens":693},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The original 1982 Act was a simple mechanism for magistrates to bind individuals to keep the peace. The 2016 amendments (No. 62) dramatically expanded scope to target organised crime through: public safety orders (new Part 3), restricted premises orders (new Part 4), and fortification removal orders (new Part 5). The 2020 amendments further refined the restricted premises regime. The legislation has transformed from a personal dispute resolution tool into a comprehensive anti-organised crime framework with significant police powers, property controls, and criminal penalties."},"complexity_factors":["Multiple overlapping order types with different procedural rules, time limits, and appeal pathways","Extensive cross-referencing to other legislation (Police Powers and Responsibilities Act, Justices Act, Criminal Code, etc.)","Nested conditional logic for when orders take effect, how they may be served, and when they expire","Detailed evidentiary presumptions and reverse onus provisions (e.g., non-compliance with stop and desist notices treated as evidence of fortification)","Complex service requirements with alternatives (personal service, public notice) and associated affidavit obligations","Multiple definitions of 'respondent' varying by Part and Division","Telephone authorisation procedures for urgent public safety orders with specific step-by-step requirements","Prescribed places mechanism allowing regulations to automatically impose restricted premises status","Interaction with planning law exemptions for fortification removal enforcement"],"plain_english_summary":"This Queensland law gives police and courts powerful tools to control people and places linked to criminal activity. It has four main parts:\n\n**1. Peace and Good Behaviour Orders (Part 2)**\nAnyone who fears violence or property damage from another person can apply to a magistrate for an order requiring that person to \"keep the peace and be of good behaviour.\" Breaking this order is a criminal offence carrying up to 1 year in prison.\n\n**2. Public Safety Orders (Part 3)**\nPolice can ban individuals or groups from specific areas, events, or premises for up to 7 days if their presence poses a \"serious risk to public safety.\" Senior police can apply to courts for longer bans (up to 6 months). These orders can prohibit entering certain places or doing specific things. Breaching an order carries up to 3 years imprisonment. The law explicitly protects lawful protest and industrial action.\n\n**3. Restricted Premises Orders (Part 4)**\nCourts can declare premises \"restricted\" for 6 months to 2 years if they're used for \"disorderly activities\" — including criminal activity, unlawful supply of drugs or alcohol, presence of organised crime figures, or excessive fortification. Police gain warrantless search and seizure powers. Owners or occupiers face criminal penalties if disorderly activities continue.\n\n**4. Fortification Removal Orders (Part 5)**\nCourts can order removal of excessive security measures (like reinforced doors, surveillance systems) from properties linked to serious crime. Police can forcibly remove fortifications if owners don't comply, with costs recoverable from responsible parties.\n\n**Key safeguards:** Appeals to District Court (or Magistrates Court for short police orders), mandatory consideration of protest rights, and a requirement for independent review of the Act's operation including impacts on vulnerable demographics."}},"importantCases":[],"_links":{"self":"/api/acts/peace-and-good-behaviour-act-1982","history":"/api/acts/peace-and-good-behaviour-act-1982/history","analysis":"/api/acts/peace-and-good-behaviour-act-1982/analysis","conflicts":"/api/acts/peace-and-good-behaviour-act-1982/conflicts","importantCases":"/api/acts/peace-and-good-behaviour-act-1982/important-cases","documents":"/api/acts/peace-and-good-behaviour-act-1982/documents"}}