{"id":"nsw:act-1943-006","name":"Restricted Premises Act 1943","slug":"restricted-premises-act-1943","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"6 of 1943","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111500,"registerId":"nsw-act-1943-006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary\n\n**pt 1, hdg:** Ins 1995 No 53, Sch 1 (1).","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Restricted Premises Act 1943](/view/html/inforce/current/act-1943-006).\n> \n> **s 1:** Am 2002 No 131, Sch 1 \\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> In this Act unless the context or subject matter otherwise indicates or requires—\n> \n> appropriate Court, in relation to a declaration under Part 2, means the Court that made the declaration.\n> \n> area, in relation to a local council, means the area of the council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> associate of a reputed criminal includes (without limitation) a person who has been given an official warning under section 93X of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040).\n> \n> brothel means premises—\n> \n> > (a) habitually used for the purposes of prostitution, or\n> \n> > (b) that have been used for the purposes of prostitution and are likely to be used again for that purpose, or\n> \n> > (c) that have been expressly or implicitly—\n> > \n> > > (i) advertised (whether by advertisements in or on the premises, newspapers, directories or the internet or by other means), or\n> > \n> > > (ii) represented,\n> > \n> > as being used for the purposes of prostitution, and that are likely to be used for the purposes of prostitution.\n> \n> Premises may constitute a brothel even though used by only one prostitute for the purposes of prostitution.\n> \n> explosive has the same meaning as in the [Explosives Act 2003](/view/html/inforce/current/act-2003-039).\n> \n> Licensed premises has the meaning ascribed to it in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).\n> \n> Liquor has the meaning ascribed to it in the [Liquor Act 2007](/view/html/inforce/current/act-2007-090).\n> \n> local council means a council within the meaning of the [Local Government Act 1993](/view/html/inforce/current/act-1993-030).\n> \n> Occupier of premises includes the lessee or sub-lessee who is not the owner as defined in this section.\n> \n> Owner of premises includes every person who is, whether by law or in equity—\n> \n> > (a) entitled to the same for any estate of freehold in possession, or\n> \n> > (b) in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive the rents and profits of the same.\n> \n> In the case of premises sub-leased owner includes any lessee or sub-lessee from whom a sub-lessee holds.\n> \n> Premises includes any building and any part of any building but does not include licensed premises or the premises of any registered club.\n> \n> related sex uses means the following—\n> \n> > (a) the use of premises for the provision of sexual acts or sexual services in exchange for payment,\n> \n> > (b) the use of premises for the provision of massage services (other than genuine remedial or therapeutic massage services) in exchange for payment,\n> \n> > (c) the use of premises for the provision of adult entertainment involving nudity, indecent acts or sexual activity if the entertainment is provided in exchange for payment or if the entertainment is ancillary to the provision of other goods or services.\n> \n> reputed criminal includes (without limitation) a person who—\n> \n> > (a) has been convicted of an indictable offence (including an offence under section 93X of the [Crimes Act 1900](/view/html/inforce/current/act-1900-040)), or\n> \n> > (b) is engaged in an organised criminal activity within the meaning of section 46AA of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103), or\n> \n> > (c) is a controlled member of a declared organisation within the meaning of the [Crimes (Criminal Organisations Control) Act 2012](/view/html/inforce/current/act-2012-009).\n> \n> reputed criminal declaration—see section 3 (3).\n> \n> senior police officer means a police officer of or above the rank of sergeant.\n> \n> weapon means—\n> \n> > (a) a firearm, or an imitation firearm, within the meaning of the [Firearms Act 1996](/view/html/inforce/current/act-1996-046), or\n> \n> > (b) a prohibited weapon within the meaning of the [Weapons Prohibition Act 1998](/view/html/inforce/current/act-1998-127).\n> \n> **s 2:** Am 1982 No 148, Sch 2; 1995 No 53, Sch 1 (2); 2002 No 131, Sch 1 \\[3\\]; 2007 No 29, Sch 2 \\[1\\] \\[2\\]; 2009 No 106, Sch 5.18; 2013 No 74, Sch 2 \\[1\\].","sortOrder":2},{"sectionNumber":"2A","sectionType":"section","heading":"Notes","content":"#### 2A Notes\n\n2A Notes\n\n> Notes included in this Act are explanatory notes and do not form part of this Act.\n> \n> **s 2A:** Ins 2001 No 125, Sch 1 \\[1\\].","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Disorderly houses","content":"# Part 2 Disorderly houses\n\nPart 2 Disorderly houses\n\n**pt 2, hdg:** Ins 1995 No 53, Sch 1 (3).","sortOrder":4},{"sectionNumber":"3","sectionType":"section","heading":"Declaration by Supreme Court or District Court in relation to premises","content":"#### 3 Declaration by Supreme Court or District Court in relation to premises\n\n3 Declaration by Supreme Court or District Court in relation to premises\n\n> > (1) On a senior police officer showing reasonable grounds for suspecting that all or any of the following conditions obtain with respect to any premises, that is to say—\n> > \n> > > (a) that drunkenness or disorderly or indecent conduct or any entertainment of a demoralising character takes place on the premises, or has taken place and is likely to take place again on the premises, or\n> > \n> > > (b) that liquor or a drug is unlawfully sold or supplied on or from the premises or has been so sold or supplied on or from the premises and is likely to be so sold again on or from the premises, or\n> > \n> > > (c) that reputed criminals or associates of reputed criminals are to be found on or resort to the premises or have resorted and are likely to resort again to the premises, or\n> > \n> > > (d) that any of the persons having control of or managing or taking part or assisting in the control or management of the premises—\n> > > \n> > > > (i) is a reputed criminal or an associate of reputed criminals, or\n> > > \n> > > > (ii) has been concerned in the control or management of other premises which have been the subject of a declaration under this Part, or\n> > > \n> > > > (iii) is or has been concerned in the control or management of premises which are or have been frequented by persons of notoriously bad character or of premises on or from which liquor or a drug is or has been unlawfully sold or supplied,\n> > \n> > > (e) (Repealed)\n> > \n> > the Supreme Court or the District Court may declare such premises to be premises to which this Part applies.\n> \n> > (2) Such declaration shall be in force until rescinded.\n> \n> > (3) The appropriate Court may, in declaring premises to be premises to which this Part applies, state that the reason (or the predominant reason) for the declaration is that—\n> > \n> > > (a) reputed criminals have attended or are likely to attend the premises, or\n> > \n> > > (b) a reputed criminal has, or takes part or assists in, the control or management of the premises.\n> > \n> > Any such declaration is a reputed criminal declaration for the purposes of this Act.\n> \n> **s 3:** Am 1968 No 32, sec 3 (1); 1986 No 218, Sch 9 (1); 1995 No 53, Sch 1 (4); 2002 No 131, Sch 1 \\[4\\]–\\[7\\]; 2013 No 74, Sch 2 \\[2\\].","sortOrder":5},{"sectionNumber":"4","sectionType":"section","heading":"Rescission of declaration","content":"#### 4 Rescission of declaration\n\n4 Rescission of declaration\n\n> > (1) Any such declaration may be rescinded by the appropriate Court subject to such terms as the Court thinks fit, on application being made to it—\n> > \n> > > (a) by the owner or occupier of the premises the subject of the declaration, if the Court is satisfied the conditions referred to in section 3 (1) in respect of which the declaration was made—\n> > > \n> > > > (i) have ceased for a continuous period of at least 12 months before the application is made, and\n> > > \n> > > > (ii) are unlikely to reoccur at the premises, or\n> > \n> > > (b) by a senior police officer on proof that there is no reasonable ground for suspecting that any of the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.\n> \n> > (1A) For the purposes of subsection (1) (a), the burden of establishing that the conditions have ceased and are unlikely to reoccur lies on the owner or occupier of the premises.\n> \n> > (2) Where an application under this section is made by the owner or occupier of the premises notice in writing of intention to make the same shall be served on a senior police officer two days at least before the hearing of such application.\n> \n> > (3) An owner or occupier may not make more than one application for the rescission of a declaration in respect of the same premises within any 12 month period.\n> \n> **s 4:** Am 1986 No 218, Sch 9 (2); 2002 No 131, Sch 1 \\[8\\] \\[9\\]; 2018 No 50, Sch 2 \\[1\\]–\\[3\\].","sortOrder":6},{"sectionNumber":"5","sectionType":"section","heading":"Publication of notice of declaration and rescission","content":"#### 5 Publication of notice of declaration and rescission\n\n5 Publication of notice of declaration and rescission\n\n> > (1) Notice of any such declaration or any rescission of the same shall be published in the Gazette.\n> \n> > (2) In any proceedings under this Act the production of a copy of the Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Notice given of declaration","content":"#### 6 Notice given of declaration\n\n6 Notice given of declaration\n\n> > (1) A senior police officer is to cause notice of the making of a declaration under this Part to be served on the owner or occupier of the premises to which the declaration relates—\n> > \n> > > (a) personally, or\n> > \n> > > (b) if personal service cannot be effected promptly, by causing a copy of the notice to be fixed at or near to the entrance of the premises.\n> \n> > (2) A person must not deface, destroy, cover or remove a copy of a notice fixed under this section at or near the entrance to premises unless the person is a police officer or the owner or occupier of the premises.\n> > \n> > Maximum penalty (subsection (2)): 20 penalty units.\n> \n> **s 6:** Subst 2002 No 131, Sch 1 \\[10\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":null,"content":"#### 7\n\n7 (Repealed)","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Offence by owner of premises","content":"#### 8 Offence by owner of premises\n\n8 Offence by owner of premises\n\n> > (1) After the service of a notice under section 6 on the owner of premises of the making of a declaration, the owner is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.\n> > \n> > Maximum penalty—50 penalty units or imprisonment for 6 months, or both.\n> \n> > (2) An owner of premises is not guilty of an offence under subsection (1) if the owner proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.\n> \n> > (2A) After the service of a notice under section 6 on the owner of premises of the making of a reputed criminal declaration, the owner is guilty of an offence if, while the declaration is in force, a reputed criminal—\n> > \n> > > (a) attends the premises, or\n> > \n> > > (b) has, or takes part or assists in, the control or management of the premises.\n> > \n> > Maximum penalty—150 penalty units or imprisonment for 3 years, or both.\n> \n> > (2B) An owner of premises is not guilty of an offence under subsection (2A) if the owner proves that he or she has taken all reasonable steps to prevent a reputed criminal—\n> > \n> > > (a) attending the premises, or\n> > \n> > > (b) having, or taking part or assisting in, the control or management of the premises.\n> \n> > (2C) A person is not liable to be convicted of an offence under both subsections (1) and (2A) in respect of essentially the same facts.\n> \n> > (3) An owner of premises that are occupied by a person other than the owner is not guilty of an offence under this section if the owner proves that he or she has taken all reasonable steps to evict the occupier from the premises.\n> \n> **s 8:** Am 1993 No 47, Sch 1. Subst 2002 No 131, Sch 1 \\[12\\]. Am 2013 No 74, Sch 2 \\[3\\] \\[4\\]","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Offence by occupier of premises","content":"#### 9 Offence by occupier of premises\n\n9 Offence by occupier of premises\n\n> > (1) After the service of a notice under section 6 on the occupier of premises of the making of a declaration, the occupier is guilty of an offence if any of the conditions referred to in section 3 (1) apply to the premises while the declaration is in force.\n> > \n> > Maximum penalty—50 penalty units or imprisonment for 6 months, or both.\n> \n> > (2) An occupier of premises is not guilty of an offence under subsection (1) if the occupier proves that he or she has taken all reasonable steps to prevent the conditions referred to in section 3 (1) applying to the premises.\n> \n> > (3) After the service of a notice under section 6 on the occupier of premises of the making of a reputed criminal declaration, the occupier is guilty of an offence if, while the declaration is in force, a reputed criminal—\n> > \n> > > (a) attends the premises, or\n> > \n> > > (b) has, or takes part or assists in, the control or management of the premises.\n> > \n> > Maximum penalty—150 penalty units or imprisonment for 3 years, or both.\n> \n> > (4) An occupier of premises is not guilty of an offence under subsection (3) if the occupier proves that he or she has taken all reasonable steps to prevent a reputed criminal—\n> > \n> > > (a) attending the premises, or\n> > \n> > > (b) having, or taking part or assisting in, the control or management of the premises.\n> \n> > (5) A person is not liable to be convicted of an offence under both subsections (1) and (3) in respect of essentially the same facts.\n> \n> **s 9:** Subst 2002 No 131, Sch 1 \\[13\\]. Am 2013 No 74, Sch 2 \\[3\\] \\[5\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Entry by police","content":"#### 10 Entry by police\n\n10 Entry by police\n\n> > (1) While any such declaration is in force with respect to any premises any member of the Police Force may, without warrant, do any of the following—\n> > \n> > > (a) enter the said premises,\n> > \n> > > (b) enter any land or building which the member has reasonable grounds to suspect is used as a means of access to or of exit or escape from the same,\n> > \n> > > (c) pass through, from, over and along any other land or building for the purpose of entering in pursuance of paragraph (a) or paragraph (b),\n> > \n> > > (d) for any of the purposes aforesaid break open doors, windows, and partitions, and do such other acts as may be necessary,\n> > \n> > > (e) search such premises for, and seize, any liquor and any drug in such premises and any drinking glass, vessel, container or device in such premises which is used or is capable of being used for or in connection with the storage, supply or consumption of any liquor or drug or the user or taking of any drug,\n> > \n> > > (f) search the premises for, and seize, any weapon or explosive,\n> > \n> > > (g) exercise any of the powers conferred under this subsection with the aid of any assistants the member considers necessary.\n> > > \n> > > Note.\n> > > \n> > > A police officer is authorised to use a dog to carry out general drug detection at the premises under section 148 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103). Section 196 of that Act also authorises the use of dogs for general firearms or explosives detection.\n> \n> > (2) If the occupier of premises is not present when a member of the Police Force enters the premises under this section, the member must notify the occupier of the premises as soon as practicable after the entry.\n> \n> > (3) Failure to notify the occupier of the premises under subsection (2) does not make the exercise of power conferred on a member of the Police Force by this section unlawful.\n> \n> **s 10:** Am 1985 No 38, Sch 1; 2013 No 74, Sch 2 \\[6\\]; 2018 No 50, Sch 2 \\[4\\]; 2019 No 20, Sch 1.19\\[1\\] \\[2\\].","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Obstructing police","content":"#### 11 Obstructing police\n\n11 Obstructing police\n\n> Any person who wilfully obstructs or aids in obstructing or solicits any other person to obstruct or aid in obstructing a member of the Police Force in the exercise of any power conferred on the member by this Act shall be guilty of an offence against this Act and is liable to a penalty not exceeding 50 penalty units or imprisonment for 6 months, or both.\n> \n> **s 11:** Am 1993 No 47, Sch 1; 2002 No 131, Sch 1 \\[14\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Evidence of certain matters","content":"#### 12 Evidence of certain matters\n\n12 Evidence of certain matters\n\n> Where any member of the Police Force authorised under this Act to enter any premises, land or building is wilfully prevented from or is obstructed or delayed in entering the same or any part thereof, or where any external or internal door of, or means of access to any such premises, land or building authorised to be entered, is found to be fitted or provided with any bolt, bar, chain or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into the same or any part thereof, of any member of the Police Force authorised as aforesaid, or for giving an alarm in case of such entry, or if such premises are found to be fitted or provided with any means or contrivance for concealing, removing or destroying any liquor or drug or any such glass, vessel, container or device as is referred to in paragraph (e) of section 10 or any weapon or explosive, it shall be evidence until the contrary is made to appear that the conditions referred to in subsection (1) of section 3 obtain in relation to such premises.\n> \n> **s 12:** Am 2013 No 74, Sch 2 \\[7\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Suspected premises—issue of search warrant","content":"#### 13 Suspected premises—issue of search warrant\n\n13 Suspected premises—issue of search warrant\n\n> > (1) In this section—\n> > \n> > authorised officer has the same meaning as it has in the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103).\n> \n> > (2) A member of the Police Force may apply to an authorised officer for a search warrant if the member of the Police Force has reasonable grounds for believing that any of the conditions referred to in section 3 (1) obtain, and are commonly reported to obtain, in respect of any premises.\n> \n> > (3) An authorised officer to whom an application is made under subsection (2) may, if satisfied that there are reasonable grounds for doing so, issue a search warrant authorising any member of the Police Force—\n> > \n> > > (a) to enter the premises, and\n> > \n> > > (b) to search the premises for, and to seize, any liquor or drug or any drinking glass, vessel, container or device referred to in section 10 (e) or any weapon or explosive.\n> \n> > (4) Division 4 of Part 5 of the [Law Enforcement (Powers and Responsibilities) Act 2002](/view/html/inforce/current/act-2002-103) applies to a search warrant issued under this section.\n> \n> **s 13:** Subst 1985 No 38, Sch 1. Am 1991 No 92, Sch 2; 2002 No 103, Sch 4.24 \\[1\\]–\\[3\\]; 2013 No 74, Sch 2 \\[8\\].","sortOrder":16},{"sectionNumber":"13AA","sectionType":"section","heading":"Power for police to give directions","content":"#### 13AA Power for police to give directions\n\n13AA Power for police to give directions\n\n> > (1) A member of the Police Force executing a search warrant under section 13 may give reasonable directions to a person on the premises to which the warrant relates.\n> \n> > (2) The direction must be reasonable in the circumstances for the purpose of minimising risk to the safety of any person on the premises.\n> \n> > (3) The person must not, without reasonable excuse, fail or refuse to comply with the direction.\n> \n> Maximum penalty—50 penalty units or imprisonment for 12 months, or both.\n> \n> **ss 13AA–13AC:** Ins 2018 No 50, Sch 2 \\[5\\].","sortOrder":17},{"sectionNumber":"13AB","sectionType":"section","heading":"Search of person pursuant to warrant","content":"#### 13AB Search of person pursuant to warrant\n\n13AB Search of person pursuant to warrant\n\n> A member of the Police Force executing a search warrant under section 13 may search a person on the premises to which the warrant relates if the member of the Police Force reasonably suspects the person to be in possession of a thing mentioned in the warrant.\n> \n> **ss 13AA–13AC:** Ins 2018 No 50, Sch 2 \\[5\\].","sortOrder":18},{"sectionNumber":"13AC","sectionType":"section","heading":"Power of police to demand name and address","content":"#### 13AC Power of police to demand name and address\n\n13AC Power of police to demand name and address\n\n> > (1) A member of the Police Force executing a search warrant under section 13 may require a person on the premises to which the warrant relates to state the person’s full name and residential address.\n> \n> > (2) A member of the Police Force may ask a person who is required under this section to state the person’s full name and residential address to provide proof of the name and address.\n> \n> > (3) It is not an offence under this section to fail to comply with a request under subsection (2).\n> \n> > (4) A person who, without reasonable excuse, fails or refuses to comply with a requirement made of the person under subsection (1) is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> > (5) A person who gives any information in purported compliance with a requirement made of the person under subsection (1), knowing that it is false or misleading in a material respect, is guilty of an offence.\n> > \n> > Maximum penalty—10 penalty units.\n> \n> **ss 13AA–13AC:** Ins 2018 No 50, Sch 2 \\[5\\].","sortOrder":19},{"sectionNumber":"13A","sectionType":"section","heading":"Forfeiture or disposal of seized articles","content":"#### 13A Forfeiture or disposal of seized articles\n\n13A Forfeiture or disposal of seized articles\n\n> > (1) Any article seized either before or after the commencement of the [Disorderly Houses (Amendment) Act 1943](/view/pdf/asmade/act-1943-39) in any disorderly house by a member of the Police Force in pursuance of powers conferred on the member by section 10 shall be forfeited to the Crown.\n> \n> > (2) Any person claiming to be the owner of any article seized by a member of the Police Force so authorised by a search warrant under section 13 may—\n> > \n> > > (a) if such seizure was made before the commencement of the [Disorderly Houses (Amendment) Act 1943](/view/pdf/asmade/act-1943-39), within twenty-one days after such commencement, or\n> > \n> > > (b) if such seizure was made after such commencement, within twenty-one days of such seizure,\n> > \n> > make application to a Judge of the Local Court for the return to the person of such article.\n> > \n> > The Judge of the Local Court shall inquire into the matter and if it appears to the judge that at the time of the seizure any of the conditions mentioned in section 3 obtained on the premises where the seizure was made, the judge shall order the forfeiture of such article, to the Crown.\n> > \n> > If it appears to the judge that at the time of the seizure any of the conditions mentioned in section 3 did not obtain on such premises, the judge may order that the article so seized be handed over to the owner or occupier of such premises or to such other person as may appear to the judge to be the rightful owner.\n> \n> > (3) Any person who makes application to a judge under subsection (2) shall, at least seven days prior to the hearing of such application, serve on a Superintendent or Inspector of Police a notice in writing of such application.\n> \n> > (4) Where, in respect of any article seized by a member of the Police Force so authorised by a search warrant under section 13, no application is made under subsection (2) within the time prescribed by that subsection such article shall be forfeited to the Crown.\n> \n> > (5) In this section—\n> > \n> > article means any liquor, drug, drinking glass, vessel, container or device or any weapon or explosive.\n> \n> **s 13A:** Ins 1943 No 39, sec 2. Am 1985 No 38, Sch 1; 1999 No 31, Sch 4.26; 2013 No 74, Sch 2 \\[9\\] \\[10\\]; 2025 No 61, Sch 2.81\\[1\\]–\\[5\\]","sortOrder":20},{"sectionNumber":"14","sectionType":"section","heading":"Existing declarations and savings","content":"#### 14 Existing declarations and savings\n\n14 Existing declarations and savings\n\n> > (1) Any declaration of premises as a disorderly house made or purporting to have been made by a Stipendiary or Police Magistrate before the commencement of this Act under the Order Number Ten of the State of New South Wales made by the Premier of the said State and published in the Gazette of the tenth day of March one thousand nine hundred and forty-two shall, if such declaration has not before the commencement of this Act been rescinded by a Court of Petty Sessions in accordance with the provisions of the said Order Number Ten, be deemed to have the same force and effect as if it had been made under section 3 and this Act shall apply accordingly; and any act, matter or thing done or commenced or purporting to have been done or commenced in pursuance of the said Order Number Ten before the commencement of this Act shall be deemed to have been duly done or commenced—\n> > \n> > Provided that nothing in this subsection shall affect the operation of any judgment, order or conviction obtained or made before the commencement of this Act.\n> \n> > (2) No claim shall be made and no action, suit or other proceeding shall be maintainable in any court against any person in respect of anything done or purporting to have been done under the said Order Number Ten before the commencement of this Act.\n> \n> > (3) The Supreme Court is, on application by the owner or occupier of premises, to rescind a declaration under section 3 in respect of the premises (subject to such terms as the Court thinks fit) if—\n> > \n> > > (a) the declaration was made before the commencement of the [Disorderly Houses Amendment Act 1995](/view/pdf/asmade/act-1995-53), and\n> > \n> > > (b) the Court is satisfied that the declaration could not be made now because of section 16.\n> \n> > (4) An owner or occupier of premises who makes an application under subsection (3) must give notice in writing to a Superintendent or Inspector of Police of the intention to make the application at least 2 days before the hearing of the application.\n> \n> **s 14:** Am 1995 No 53, Sch 1 (5).","sortOrder":21},{"sectionNumber":"15","sectionType":"section","heading":"Rules of the Supreme Court","content":"#### 15 Rules of the Supreme Court\n\n15 Rules of the Supreme Court\n\n> > (1) Rules may be made under the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052) for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.\n> \n> > (2) Subsection (1) does not limit the rule-making powers conferred by the [Supreme Court Act 1970](/view/html/inforce/current/act-1970-052).\n> \n> **s 15:** Subst 1986 No 218, Sch 9 (3). Am 1995 No 53, Sch 1 (6).","sortOrder":22},{"sectionNumber":"15A","sectionType":"section","heading":"Rules of the District Court","content":"#### 15A Rules of the District Court\n\n15A Rules of the District Court\n\n> > (1) Rules may be made under the [District Court Act 1973](/view/html/inforce/current/act-1973-009) for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.\n> \n> > (2) Subsection (1) does not limit the rule-making powers conferred by the [District Court Act 1973](/view/html/inforce/current/act-1973-009).\n> \n> **s 15A:** Ins 2002 No 131, Sch 1 \\[15\\].","sortOrder":23},{"sectionNumber":"Part 2A","sectionType":"part","heading":"Special provisions relating to closure of premises","content":"# Part 2A Special provisions relating to closure of premises\n\nPart 2A Special provisions relating to closure of premises\n\n**pt 2A:** Ins 2002 No 131, Sch 1 \\[16\\].","sortOrder":24},{"sectionNumber":"15B","sectionType":"section","heading":"Definition","content":"#### 15B Definition\n\n15B Definition\n\n> In this Part, prohibited drug has the same meaning as in the [Drug Misuse and Trafficking Act 1985](/view/html/inforce/current/act-1985-226).\n> \n> **s 15B:** Ins 2002 No 131, Sch 1 \\[16\\].","sortOrder":25},{"sectionNumber":"15C","sectionType":"section","heading":"Order by judge for temporary closure of premises","content":"#### 15C Order by judge for temporary closure of premises\n\n15C Order by judge for temporary closure of premises\n\n> > (1) A Judge of the Local Court may, on application made by a senior police officer, order the owner or occupier of any premises to close the premises from a time specified in the order until a later specified time.\n> \n> > (2) An order may only be made under subsection (1) if the senior police officer provides reasonable grounds for suspecting that the premises are being used by the owner or occupier (or with the knowledge of the owner or occupier) for a commercial purpose in order—\n> > \n> > > (a) to supply prohibited drugs unlawfully to persons, or\n> > \n> > > (b) to keep prohibited drugs to enable their unlawful supply to persons, or\n> > \n> > > (c) to make arrangements for the unlawful supply of prohibited drugs to persons at another place.\n> \n> > (3) An order must not require the closure of premises for a period longer than 72 hours.\n> \n> > (4) An order may require the closure of premises until specified conditions are met but must not require closure for a period longer than 72 hours.\n> \n> > (5) An order under this section must be served on the owner or occupier of the premises concerned or on the person apparently in charge of the premises.\n> \n> > (6) A person must not fail to comply with an order under this section.\n> > \n> > Maximum penalty—50 penalty units or imprisonment for 6 months, or both.\n> \n> > (7) Two or more orders closing the same premises may not be made under this section in any period of one week.\n> \n> **s 15C:** Ins 2002 No 131, Sch 1 \\[16\\]. Am 2025 No 61, Sch 2.81\\[6\\] \\[7\\].","sortOrder":26},{"sectionNumber":"15D","sectionType":"section","heading":"Revocation of closure order","content":"#### 15D Revocation of closure order\n\n15D Revocation of closure order\n\n> > (1) The owner or occupier of premises the subject of an order under section 15C may apply to a Judge of the Local Court for the revocation of the order.\n> \n> > (2) The judge may revoke an order under section 15C if the judge is satisfied that—\n> > \n> > > (a) the premises concerned are not being used for a purpose referred to in section 15C (2), or\n> > \n> > > (b) the applicant for revocation of the order has no knowledge that the premises are being used for a purpose referred to in section 15C (2).\n> \n> **s 15D:** Ins 2002 No 131, Sch 1 \\[16\\]. Am 2025 No 61, Sch 2.81\\[3\\] \\[7\\] \\[8\\].","sortOrder":27},{"sectionNumber":"Part 3","sectionType":"part","heading":"Brothels","content":"# Part 3 Brothels\n\nPart 3 Brothels\n\n**pt 3:** Ins 1995 No 53, Sch 1 (7).","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":"Disorderly house declaration not to be made solely on grounds that premises are a brothel","content":"#### 16 Disorderly house declaration not to be made solely on grounds that premises are a brothel\n\n16 Disorderly house declaration not to be made solely on grounds that premises are a brothel\n\n> A declaration under section 3 may not be made in respect of premises solely because of either or both of the following—\n> \n> > (a) the premises are a brothel,\n> \n> > (b) a person having control of or managing, or taking part or assisting in the control or management of, the premises has been concerned in the control or management of other premises which have been declared to be a disorderly house under this Act solely because those other premises were a brothel.\n> \n> **s 16:** Ins 1995 No 53, Sch 1 (7).","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":"Application to Land and Environment Court for premises not to be used as brothel","content":"#### 17 Application to Land and Environment Court for premises not to be used as brothel\n\n17 Application to Land and Environment Court for premises not to be used as brothel\n\n> > (1) The Land and Environment Court may, on application by a local council, make an order that an owner or occupier of premises that are a brothel and that are situated within the area of the council is not to use or allow the use of the premises for the purpose of a brothel.\n> \n> > (1A) An order under subsection (1) may also provide that the owner or occupier of the premises is not to use or allow the use of the premises for specified related sex uses.\n> \n> > (1B) The Land and Environment Court may, if it makes an order under subsection (1), also make an order suspending or varying the operation, for a period not exceeding 6 months, of any development consent relating to the use of the premises for the purpose of a brothel or the use of the premises for specified related sex uses.\n> \n> > (1C) An order under subsection (1B) has effect despite any provision of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) or any instrument made under that Act.\n> \n> > (2) The local council must not make an application in relation to a brothel unless it is satisfied that it has received sufficient complaints about the brothel to warrant the making of the application.\n> \n> > (2A) For the purposes of subsection (2), one complaint may be sufficient to warrant the making of an application in the case of a brothel used or likely to be used for the purposes of prostitution by 2 or more prostitutes.\n> \n> > (3) The complaint or complaints must have been made by—\n> > \n> > > (a) residents of the area in which the brothel is situated who live in the vicinity of the brothel, or\n> > \n> > > (b) residents of the area in which the brothel is situated who use, or whose children use, facilities in the vicinity of the brothel, or\n> > \n> > > (c) occupiers of premises that are situated in the area in which the brothel is situated and in the vicinity of the brothel, or\n> > \n> > > (d) persons who work in the vicinity of the brothel or persons who regularly use, or whose children regularly use, facilities in the vicinity of the brothel.\n> \n> > (4) The application must state the reasons why the local council is of the opinion that the operation of the brothel should cease based on one or more of the considerations referred to in subsection (5) (a), (b), (c), (d), (e) or (f).\n> \n> > (5) In making an order under subsection (1) the Land and Environment Court is to take into consideration only the following—\n> > \n> > > (a) whether the brothel is operating near or within view from a church, hospital, school or any place regularly frequented by children for recreational or cultural activities,\n> > \n> > > (b) whether the operation of the brothel causes a disturbance in the neighbourhood when taking into account other brothels operating in the neighbourhood or other land use within the neighbourhood involving similar hours of operation and creating similar amounts of noise and vehicular and pedestrian traffic,\n> > \n> > > (c) whether sufficient off-street parking has been provided if appropriate in the circumstances,\n> > \n> > > (d) whether suitable access has been provided to the brothel,\n> > \n> > > (e) whether the operation of the brothel causes a disturbance in the neighbourhood because of its size and the number of people working in it,\n> > \n> > > (f) whether the operation of the brothel interferes with the amenity of the neighbourhood,\n> > \n> > > (g) any other matter that the Land and Environment Court considers is relevant.\n> \n> > (5A) In making an order under subsection (1B), the Land and Environment Court is to take into consideration only the following—\n> > \n> > > (a) the likelihood that the premises will continue to be used for a brothel or will be used for related sex uses (whether or not by a person who is subject to the order under subsection (1)),\n> > \n> > > (b) having regard to the kinds of matters considered before granting the order under subsection (1), the effect on the amenity of the neighbourhood of any such use or uses,\n> > \n> > > (c) the permitted uses for the land on which the premises are situated under any applicable environmental planning instruments or approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),\n> > \n> > > (d) any other matter that the Land and Environment Court considers is relevant.\n> \n> > (6) This section extends to premises within an area that is not a local government area, and in that case a reference to a local council is to be read—\n> > \n> > > (a) in relation to Lord Howe Island—as a reference to the Lord Howe Island Board, and\n> > \n> > > (b) in relation to such part of the land in the Western Division as is not in a local government area—as a reference to a person appointed under subsection (6A), and\n> > \n> > > (c) in relation to any other area that is not a local government area—as a reference to the prescribed authority for the area.\n> \n> > (6A) The Minister may appoint a person to exercise the functions of a local council for the purposes of this section for land within the Western Division that is not within a local government area.\n> \n> > (6B) The Minister may revoke an appointment under subsection (6A) at any time or for any reason.\n> \n> > (6C) A person appointed under subsection (6A) (except a person who is an employee of a government sector agency within the meaning of the [Government Sector Employment Act 2013](/view/html/inforce/current/act-2013-040)) is entitled to be paid the remuneration (including travelling and subsistence allowances) that the Minister may from time to time determine in respect of the person.\n> \n> > (7) In this section—\n> > \n> > church, hospital and school have the same meanings as in the [Summary Offences Act 1988](/view/html/inforce/current/act-1988-025).\n> > \n> > development consent has the same meaning as it has in Division 2A of Part 6 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203).\n> > \n> > local council includes a person or body that—\n> > \n> > > (a) exercises planning or regulatory functions in respect of the area in which premises are situated, and\n> > \n> > > (b) is authorised by the Minister administering the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) to exercise the functions of a local council under this section.\n> > \n> > Western Division means that part of the State that is the Western Division within the meaning of the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).\n> \n> **s 17:** Ins 1995 No 53, Sch 1 (7). Am 2006 No 58, Sch 1.28; 2007 No 29, Sch 2 \\[3\\]–\\[9\\]; 2017 No 17, Sch 4.84 \\[1\\]–\\[3\\].","sortOrder":30},{"sectionNumber":"17A","sectionType":"section","heading":"Evidence of use of premises as brothel","content":"#### 17A Evidence of use of premises as brothel\n\n17A Evidence of use of premises as brothel\n\n> > (1) This section applies to proceedings before the Land and Environment Court on an application under section 17 for premises not to be used as a brothel.\n> \n> > (2) In any proceedings to which this section applies—\n> > \n> > > (a) the Court may rely on circumstantial evidence to find that particular premises are used as a brothel, and\n> > \n> > > (b) the Court may make such a finding without any direct evidence that the particular premises are used as a brothel.\n> \n> > (3) However, the presence in any premises of articles or equipment that facilitate or encourage safe sex practices does not of itself constitute evidence of any kind that the premises are used as a brothel.\n> \n> Note.\n> \n> Examples of circumstantial evidence include (but are not limited to) the following—\n> \n> > (a) evidence relating to persons entering and leaving the premises (including number, gender and frequency) that is consistent with the use of the premises for prostitution,\n> \n> > (b) (Repealed)\n> \n> > (c) evidence of appointments with persons at the premises for the purposes of prostitution that are made through the use of telephone numbers or other contact details that are publicly advertised,\n> \n> > (d) evidence of information in books and accounts that is consistent with the use of the premises for prostitution,\n> \n> > (e) evidence of the arrangement of, or other matters relating to, the premises or the furniture, equipment or articles in the premises, that is consistent with the use of the premises for prostitution.\n> \n> **s 17A:** Ins 2001 No 125, Sch 1 \\[2\\]. Am 2007 No 29, Sch 2 \\[10\\]–\\[12\\].","sortOrder":31},{"sectionNumber":"18","sectionType":"section","heading":"Rules of the Land and Environment Court","content":"#### 18 Rules of the Land and Environment Court\n\n18 Rules of the Land and Environment Court\n\n> > (1) Rules may be made under the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204) for or with respect to any matters that by or under the provisions of this Part are required or permitted to be prescribed for carrying out or giving effect to those provisions.\n> \n> > (2) Subsection (1) does not limit the rule-making powers conferred by the [Land and Environment Court Act 1979](/view/html/inforce/current/act-1979-204).\n> \n> **s 18:** Ins 1995 No 53, Sch 1 (7).","sortOrder":32},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous\n\n**pt 4:** Ins 1995 No 53, Sch 1 (7).","sortOrder":33},{"sectionNumber":"18A","sectionType":"section","heading":"Proceedings for offences","content":"#### 18A Proceedings for offences\n\n18A Proceedings for offences\n\n> > (1) Proceedings for offences against this Act are to be dealt with summarily before the Local Court.\n> \n> > (2) Despite subsection (1), an offence under section 8 (2A) or 9 (3) may be prosecuted on indictment. However, Chapter 5 of the [Criminal Procedure Act 1986](/view/html/inforce/current/act-1986-209) (which relates to the summary disposal of certain indictable offences unless an election is made by the prosecution to proceed on indictment) applies to and in respect of an offence under section 8 (2A) or 9 (3).\n> \n> **s 18A:** Ins 2002 No 131, Sch 1 \\[17\\]. Am 2007 No 94, Sch 2; 2013 No 74, Sch 2 \\[11\\].","sortOrder":34},{"sectionNumber":"19","sectionType":"section","heading":"Regulations","content":"#### 19 Regulations\n\n19 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> **s 19:** Ins 1995 No 53, Sch 1 (7).","sortOrder":35},{"sectionNumber":"20","sectionType":"section","heading":"Objects of Disorderly Houses Amendment Act 1995","content":"#### 20 Objects of Disorderly Houses Amendment Act 1995\n\n20 Objects of [Disorderly Houses Amendment Act 1995](/view/pdf/asmade/act-1995-53)\n\n> The enactment of the [Disorderly Houses Amendment Act 1995](/view/pdf/asmade/act-1995-53) should not be taken to indicate that Parliament endorses or encourages the practice of prostitution, which often involves the exploitation and sexual abuse of vulnerable women in our society.\n> \n> **s 20:** Ins 1995 No 53, Sch 1 (7).","sortOrder":36},{"sectionNumber":"20A","sectionType":"section","heading":"Monitoring of police powers and new offence provisions by Ombudsman","content":"#### 20A Monitoring of police powers and new offence provisions by Ombudsman\n\n20A Monitoring of police powers and new offence provisions by Ombudsman\n\n> > (1) For the period of 2 years after the commencement of the amendment made to section 10 of this Act by the [Firearms and Criminal Groups Legislation Amendment Act 2013](/view/html/repealed/current/act-2013-074), the Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers as a consequence of the amendments made to this Act by that amendment Act (the relevant police powers).\n> \n> > (2) For that purpose, the Ombudsman may require the Commissioner of Police to provide information about the exercise of the relevant police powers.\n> \n> > (3) In that period, the Ombudsman is to also monitor the operation of sections 8 (2A) and 9 (3) (the new offence provisions). For that purpose, the Commissioner of Police is to ensure that the Ombudsman is provided with information about any prosecutions brought under the new offence provisions.\n> \n> > (4) The Ombudsman must, as soon as practicable after the end of that 2-year period, prepare a report on the exercise of the relevant police powers and on the operation of the new offence provisions and furnish a copy of the report to the Minister, the Attorney General and the Commissioner of Police.\n> \n> > (5) The Ombudsman may in the report identify, and include recommendations for consideration by the Minister about, amendments that might appropriately be made to this Act with respect to the exercise of the relevant police powers and the new offence provisions.\n> \n> > (6) The Minister is to lay (or cause to be laid) a copy of the report furnished to the Minister under this section before both Houses of Parliament as soon as practicable after the Minister receives the report.\n> \n> > (7) If a House of Parliament is not sitting when the Minister seeks to lay a report before it, the Minister may present copies of the report to the Clerk of the House concerned.\n> \n> > (8) The report that is presented to the Clerk of a House—\n> > \n> > > (a) is, on presentation and for all purposes, taken to have been laid before the House, and\n> > \n> > > (b) may be printed by authority of the Clerk of the House, and\n> > \n> > > (c) if so printed, is for all purposes taken to be a document published by or under the authority of the House, and\n> > \n> > > (d) is to be recorded—\n> > > \n> > > > (i) in the case of the Legislative Council, in the Minutes of the Proceedings of the Legislative Council, and\n> > > \n> > > > (ii) in the case of the Legislative Assembly, in the Votes and Proceedings of the Legislative Assembly,\n> > > \n> > > on the first sitting day of the House after receipt of the report by the Clerk.\n> \n> **s 20A:** Ins 2013 No 74, Sch 2 \\[12\\].","sortOrder":37},{"sectionNumber":"21","sectionType":"section","heading":"Savings, transitional and other provisions","content":"#### 21 Savings, transitional and other provisions\n\n21 Savings, transitional and other provisions\n\n> Schedule 1 has effect.\n> \n> **s 21:** Ins 2002 No 131, Sch 1 \\[18\\].","sortOrder":38},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Savings, transitional and other provisions","content":"# Schedule 1 Savings, transitional and other provisions\n\nSchedule 1 Savings, transitional and other provisions\n\n(Section 21)\n\n**sch 1:** Ins 2002 No 131, Sch 1 \\[19\\]. Am 2007 No 29, Sch 2 \\[13\\]; 2013 No 74, Sch 2 \\[13\\].","sortOrder":39}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted in 1943 as the 'Disorderly Houses Act' targeting wartime moral regulation and illegal drinking dens, the legislation has significantly expanded. The 1995 amendments explicitly removed brothels from the 'disorderly house' framework (section 16) and created a separate civil enforcement mechanism via the Land and Environment Court (Part 3). The 2002 amendments added Part 2A for temporary drug-related closures. The 2013 amendments introduced specific 'reputed criminal' provisions with enhanced penalties, effectively pivoting the Act toward organised crime suppression rather than mere 'disorderly conduct'. The Act now operates as a hybrid of criminal, civil and planning law."},"complexity_factors":["Multiple court jurisdictions involved (Supreme, District, Local, Land and Environment Court) with different powers and procedures","Nested definitions importing concepts from at least 8 other Acts (Crimes Act, Liquor Act, Firearms Act, Weapons Prohibition Act, Drug Misuse and Trafficking Act, etc.)","Conditional offence provisions with specific defences requiring proof of 'all reasonable steps' (sections 8 and 9)","Distinction between standard declarations and 'reputed criminal declarations' with different penalty structures","Complex transitional provisions preserving pre-1943 declarations and various amendment savings","Specific evidentiary rules including circumstantial evidence provisions for brothel proceedings (section 17A) and presumptions from physical security measures (section 12)","Multiple amendment layers visible in section histories (1943, 1968, 1982, 1985, 1986, 1991, 1993, 1995, 1999, 2001, 2002, 2006, 2007, 2009, 2013, 2017, 2018, 2019, 2025)"],"plain_english_summary":"This law gives police and courts special powers to crack down on premises being used for illegal or harmful activities, particularly focusing on drug dealing, organised crime, and brothels operating inappropriately.\n\n**What it does:**\n\n*   **Targets \"disorderly houses\" (Part 2):** Senior police can ask the Supreme or District Court to declare premises as \"disorderly\" if they suspect activities like illegal drug or alcohol sales, drunkenness, indecent conduct, or attendance by \"reputed criminals\" (people with serious criminal records or organised crime links). Once declared, police can enter without a warrant, seize drugs, weapons and alcohol, and the owner or occupier commits an offence if the bad behaviour continues.\n*   **Hits organised crime harder (sections 8 & 9):** If a declaration is specifically made because of reputed criminals, owners and occupiers face much heavier penalties (up to 3 years prison) if they allow these criminals on the premises or involved in management. They can defend themselves by proving they took \"all reasonable steps\" to prevent this.\n*   **Allows temporary closure for drug dealing (Part 2A):** A Local Court judge can order premises closed for up to 72 hours if police suspect commercial drug supply is happening there.\n*   **Regulates brothels (Part 3):** Since 1995, premises can't be declared \"disorderly\" just for being a brothel. Instead, local councils can apply to the Land and Environment Court to shut down brothels that cause neighbourhood problems (noise, location near schools, lack of parking, etc.). The Court can also suspend planning approvals for brothels.\n\n**Who it affects:**\n\n*   **Property owners and tenants** of premises suspected of illegal activity\n*   **Police** (who get significant entry and search powers)\n*   **Local councils** (who can take action against problematic brothels)\n*   **Courts** (Supreme, District, Local, and Land and Environment Courts all have roles)\n\n**Why it matters:**\n\nThis Act is a tool for targeting \"criminal hubs\" — places where illegal activity is entrenched. It shifts responsibility onto property owners to prevent their premises being used for crime, with serious penalties if they fail. The brothel provisions recognise that sex work is regulated separately, but allow community complaints to drive enforcement against poorly located or disruptive operations."},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act's original name — 'Disorderly Houses Act 1943' — indicates it was initially aimed at premises used for morally or socially disapproved activities such as prostitution or illegal gambling. The renaming to 'Restricted Premises Act' and its numerous amendments suggest the scope has broadened over time to cover a wider range of premises considered problematic or associated with criminal activity, moving beyond the narrow 'disorderly house' concept of the 1940s."},"complexity_factors":["The Act dates back to 1943 and has been amended numerous times across 80+ years, meaning its current provisions may differ significantly from its original form","The renaming from 'Disorderly Houses Act' to 'Restricted Premises Act' suggests substantive changes in scope and application over time","Full text of the Act was not provided — only metadata — limiting the ability to assess the complexity of its operative provisions","Interacts with broader NSW policing and property law frameworks, requiring cross-referencing with other legislation","13 distinct point-in-time versions exist, reflecting significant ongoing legislative change","Powers to restrict premises without full criminal proceedings raise procedural complexity around rights and appeals"],"plain_english_summary":"## Restricted Premises Act 1943 (NSW)\n\nThis is a **New South Wales law** that has been around since 1943, originally called the *Disorderly Houses Act 1943* before being renamed. Based on its title and history, this Act gives police and authorities powers to **restrict access to, close down, or control certain premises** (buildings or locations) that are considered problematic — for example, places associated with crime, disorder, or illegal activity.\n\n**Who does this affect?**\n- Property owners and occupiers of premises that authorities believe are being used for unlawful or disorderly purposes\n- People who frequent such premises\n- Police and law enforcement, who use this Act as a tool to manage problem locations\n\n**Why does it matter?**\nIf you own, rent, or regularly visit a property that authorities flag under this Act, you could face restrictions on entering or using that property. The law gives significant powers to restrict who can access certain premises without necessarily going through a full criminal trial first.\n\n**Key things to know:**\n- The Act has been updated **multiple times** since 1943, most recently in March 2026\n- It is administered by the **NSW Attorney General**\n- It was previously known as the *Disorderly Houses Act*, suggesting its original focus was on places like illegal brothels or gambling dens — though its scope has evolved over time\n\n⚠️ *Note: Only the metadata and version history of this legislation was provided — not the full text of the Act itself. This summary is based on the Act's known purpose and title history.*"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope has been narrowed and supplemented by later provisions compared with earlier law. The text itself records that a declaration may no longer be made solely because premises are a brothel (s 16) and provides a separate land-use mechanism (s 17) for local councils to seek orders against brothel use. The Act also adds a temporary-closure power for drug-related commercial supply (Part 2A, ss 15C–15D), expanded police powers when executing warrants (ss 13AA–13AC), and forfeiture procedures (s 13A). Section 14(3) specifically contemplates rescission of older declarations that could not be made under current s 16, which shows an explicit narrowing of grounds and a change in enforcement pathway."},"complexity_factors":["Multiple decision-makers and layers: police initiate actions but Supreme, District, Local and Land & Environment Courts make or review orders (ss 3, 15C, 17).","Cross-references to multiple other Acts for definitions and authorisations (e.g. LEPRA, Liquor Act, Drug Misuse and Trafficking Act) complicate application (see s 2 and s 13).","Different procedural tracks for different problems: disorderly-house declarations (Part 2), temporary 72‑hour closures for drug supply (Part 2A), and land-use orders for brothels (Part 3).","Varied powers and safeguards: warrantless entry during declarations (s 10) versus warrant-based searches (s 13) and recent bespoke powers when executing warrants (ss 13AA–13AC).","Evidentiary burdens and rebuttable presumptions (e.g. s 12 evidence rule; owner’s burden on rescission s 4(1A); reasonable-steps defences s 8(2), s 9(2)).","Criminal penalties range significantly (from 10 penalty units up to 3 years imprisonment) depending on the offence and context (ss 8, 9, 13AA), requiring careful charging decisions.","Forfeiture and return procedures for seized articles involve time limits and court applications (s 13A), adding procedural complexity.","Special rules for brothels (s 16–17A) narrow one enforcement path but create another regulatory route involving planning considerations and amenity assessments (s 17(5))."],"plain_english_summary":"What this law does (mechanics)\n\n- Allows courts to declare particular premises subject to special disorderly-houses controls when a senior police officer shows reasonable grounds that specified harmful conditions exist or are likely to recur (grounds listed at s 3(1)). The declaring courts are the Supreme Court or the District Court; the declaration remains in force until rescinded (s 3).\n\n- After notice of a declaration is served on an owner or occupier (s 6), the Act creates criminal offences for owners and occupiers if the specified conditions occur while the declaration is in force (s 8, s 9). Stronger offences and higher penalties apply where the declaration states that the reason is related to reputed criminals (s 3(3); s 8(2A); s 9(3)). Owners/occupiers can avoid liability by proving they took all reasonable steps to prevent the prohibited conditions (s 8(2), s 9(2) and s 8(2B), s 9(4)). An owner who is not the occupier can rely on having tried to evict the occupier (s 8(3)).\n\n- While a declaration is in force, police members may enter the premises without a warrant and exercise a range of powers: entry, breaking in if necessary, searching and seizing liquor, drugs, drinking implements, weapons and explosives, and using assistants or detection dogs (s 10). If occupiers are absent, police must notify them as soon as practicable (s 10(2)).\n\n- Police may instead obtain a search warrant under the standard warrant process if they reasonably suspect the conditions at premises generally (s 13). Recent additions allow police executing such warrants to give reasonable directions on safety, search persons on the premises when reasonably suspected to be in possession of seized items, and require a person to state name and address (ss 13AA–13AC).\n\n- Seized articles (drugs, liquor, weapons, etc.) may be forfeited to the Crown; a person claiming ownership can apply to a Local Court judge for return (s 13A). If no application is made within specified time, articles are forfeited (s 13A(4)).\n\n- The Act creates a separate, quicker closure power: a Judge of the Local Court may order a premises closed for up to 72 hours on application by a senior police officer where there are reasonable grounds to suspect the premises are being used commercially to supply or store prohibited drugs or to arrange unlawful supply (Part 2A, ss 15C–15D). Failure to comply with a closure order is an offence (s 15C(6)).\n\n- The Act treats brothels differently. A declaration under s 3 cannot be made solely because premises are a brothel (s 16). Instead, a local council may apply to the Land and Environment Court for orders preventing use of premises as a brothel or for specified related sex uses; the Court may suspend or vary development consents for up to 6 months (s 17). The Court is limited in the matters it may consider (s 17(5)) and may rely on circumstantial evidence to find premises are used as a brothel (s 17A), but presence of safe-sex equipment alone is not evidence of brothel use (s 17A(3)).\n\n- The Ombudsman was required to monitor specific police powers and new offence provisions for 2 years following the 2013 amendment to s 10 and to report (s 20A). The Governor may make regulations to support the Act (s 19).\n\nWhy the Act exists (official claim from the text)\n\n- The Act includes a stated parliamentary statement that the 1995 amendments should not be taken as endorsement or encouragement of prostitution and notes concerns about exploitation and abuse (s 20). That is the explicit explanatory statement in the text.\n\nTesting the official rationale against mechanisms, incentives and costs\n\n- Who pays (directly and indirectly): owners and occupiers of declared premises face criminal penalties if prohibited conditions occur while a declaration is in force (s 8, s 9). Owners also risk forfeiture of seized articles (s 13A). Persons ordered to close under the temporary-closure power face immediate business interruption and potential criminal penalty for non‑compliance (s 15C(6)). Local councils bear the cost of bringing Land and Environment Court applications against brothels (s 17(1)). The Crown bears enforcement and forfeiture administration costs, and courts exercise adjudicative costs in hearings.\n\n- Who decides and where discretion sits: senior police officers initiate applications for declarations (s 3) and for temporary closure orders (s 15C). Courts decide whether to make or rescind declarations (ss 3, 4); Local Court judges decide temporary closures and revocations (ss 15C–15D); the Land and Environment Court decides council applications about brothel use (s 17). Authorised officers under LEPRA may issue search warrants on police application (s 13). These arrangements concentrate investigatory initiation in police and adjudicative finality in various courts.\n\n- Compliance burden on private actors: owners and occupiers must take and be able to prove “all reasonable steps” to prevent prohibited conditions to avoid criminal liability (s 8(2), s 9(2), s 8(2B), s 9(4)). Owners must notify police before applying to rescind a declaration and bear the burden of proof that conditions have ceased and are unlikely to recur to obtain rescission (s 4(1), s 4(1A), s 4(2)). These rules place evidentiary and administrative burdens on owners and occupiers.\n\n- Bureaucratic discretion and checks: police have power to enter declared premises without a warrant (s 10) which is conditional on a declaration being in force. The declaration process (court-made) is a formal check on police power, and rescission and judicial oversight provide additional checks (ss 3, 4). Search warrants and the authorising-officer gateway remain available (s 13). Recent powers to demand name/address and give directions during execution of warrants (ss 13AA–13AC) impose new compliance duties with specified penalties.\n\n- Effects on private enterprise and market choices: where premises are declared or temporarily closed, commercial activity is curtailed directly (ss 3, 15C). For brothels specifically, the Act prevents use of the disorderly-house declaration solely for brothel status (s 16), but provides a planning/land-use enforcement route via local council applications to the Land and Environment Court (s 17). That creates a regulatory pathway that can pause development consents for up to six months (s 17(1B)–(1C)). These mechanisms limit an owner’s freedom to use premises and may require compliance with planning and court directions.\n\n- Trade‑offs and opportunity costs: the Act trades expedited police entry and seizure powers (s 10) and a short-term closure tool (s 15C) against procedural safeguards in courts (declarations, rescission, Land and Environment Court processes). Owners and councils must invest time and resources in litigation or compliance; courts and police allocate enforcement resources.\n\n- Concentrated benefits and diffuse costs: the text concentrates enforcement powers and forfeiture in the State (s 13A) and gives police tools aimed at addressing drug supply and criminal associations (s 3, s 15C). The immediate costs (penalties, forfeiture, closure) fall on specific owners/occupiers; indirect costs (court time, displaced activity) are spread across affected neighbourhoods and the public purse.\n\nKnown safeguards and evidentiary notes\n\n- Presence of safe-sex articles alone is excluded from being treated as evidence of brothel use in Land and Environment Court proceedings (s 17A(3)).\n\n- The owner/occupier has specific procedural protections: the right to apply for rescission (s 4), the right to apply to a Local Court for return of seized articles (s 13A(2)), and the opportunity to prove they took reasonable steps to avoid offences (s 8(2), s 9(2)).\n\nSummary of practical effects in plain terms\n\n- The Act gives police tools (court-backed declarations, warrant and no-warrant entry during declarations, short-term closure orders) to target premises associated with disorderly conduct, illegal sale or supply of drugs or liquor, or the presence/management by reputed criminals (s 3, s 10, s 13, s 15C).\n\n- Owners and occupiers face criminal penalties and risk forfeiture unless they can show they took reasonable steps or successfully resile a declaration via court process (s 8, s 9, s 13A, s 4).\n\n- Brothels cannot be the sole basis for a disorderly-house declaration (s 16), but local councils have a separate planning-based route to seek orders in the Land and Environment Court that can limit brothel-related uses and development consents (s 17).\n\n- The Act balances expanded operational powers for police with court-based declaration and rescission procedures, and it imposes evidentiary and administrative burdens on owners/occupiers to avoid criminal liability (ss 3, 4, 8, 9, 10, 13, 15C, 17)."}},"importantCases":[],"_links":{"self":"/api/acts/restricted-premises-act-1943","history":"/api/acts/restricted-premises-act-1943/history","analysis":"/api/acts/restricted-premises-act-1943/analysis","conflicts":"/api/acts/restricted-premises-act-1943/conflicts","importantCases":"/api/acts/restricted-premises-act-1943/important-cases","documents":"/api/acts/restricted-premises-act-1943/documents"}}