Liquor Act 2019
220Making exclusion order
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220 Making exclusion order (1) A court of competent jurisdiction may make an exclusion order on: (a) an application by the Commissioner of Police under section 221; or (b) a finding of guilt for a banning offence under section 222. (2) The court may make an exclusion order about a person for a high risk area if the court is satisfied that making the exclusion order would be a reasonable way of preventing the person from committing a banning offence in the high risk area. (3) To determine whether making the exclusion order would be a reasonable way of preventing the person from committing a banning offence in the high risk area, the court must consider each of the following to the extent it is relevant: (a) the nature and gravity of the banning offence; (b) whether the person was previously found guilty of an offence committed in an area and, at the time of the offence or a later time, the offence is a banning offence and the area is a high risk area; (c) whether the person is or was the subject of an exclusion order or banning notice; (d) whether the person is or was the subject of an infringement notice for a banning offence committed in a high risk area; (e) the likely effect of an exclusion order on the person and any victim of the banning offence; (f) the state of the person's health; (g) the capacity of the person to understand the nature and effect of the order; (h) the likely effect of an exclusion order on public order and safety; (i) any other matters the court considers relevant.
Liquor Act 2019 121