46Power of cemetery manager to remove persons

46 Power of cemetery manager to remove persons

(1)  A cemetery manager may require a person to leave the cemetery and not re-enter the cemetery for a period of not more than 24 hours determined by the cemetery manager if the cemetery manager –

(a) has reason to suspect that the person has committed, is committing or is about to commit an offence in the cemetery; or

(b) is of the opinion that the person is behaving in a manner that is, or may be, offensive to other visitors to the cemetery.

(2)  A person must comply with a requirement of a cemetery manager under subregulation (1) .

Penalty:  Fine not exceeding 5 penalty units.

(3)  If a person refuses to leave the cemetery, or re-enters or attempts to re-enter the cemetery, in contravention of a requirement of a cemetery manager under subregulation (1) , the cemetery manager may remove, or prevent the re-entry of, the person and in doing so may be assisted by a police officer.

(4)  A cemetery manager exercising a power under subregulation (3) , and a police officer assisting the manager in the exercise of that power, may use such reasonable force as is necessary to remove or prevent the re-entry of the person into the cemetery.