212Police power to give banning notice

212 Police power to give banning notice (1) A police officer may issue a banning notice to a person if the officer believes on reasonable grounds that: (a) the person is committing or has committed a banning offence wholly or partly in a high risk area; and (b) the person is likely to continue to commit a banning offence in a high risk area; and

Liquor Act 2019 116 (c) the banning offence has caused, or may cause, alcohol- related violence in a high risk area; and (d) the notice would be a reasonable way of preventing the person from continuing to commit the banning offence or committing another banning offence in a high risk area. (2) In determining whether the belief is reasonable, the police officer must consider each of the following: (a) the apparent state of health of the person to whom the notice would apply; (b) whether the person should be arrested or held in custody pending the hearing of any charges against the person in relation to the banning offence; (c) whether the person is capable of comprehending the nature and effect of the notice; (d) any other matter the officer considers relevant. (3) Only one banning notice may be issued to a person in relation to the same banning offence. (4) However, another banning notice in relation to a different banning offence may be issued to a banned person, even for the same high risk area or the same licensed premises.