Part 9Special powers and enforcement

Part 9—Special powers and enforcement Division 1—Powers of entry etc 122—Powers of authorised officers (1) An authorised officer may, at any reasonable time, do 1 or more of the following: (a) enter, remain on and inspect licensed premises (and, if entry is refused, may employ such force as is reasonably necessary to gain entry); (b) require any person (whether on licensed premises or otherwise) who has possession of books of account, records required to be kept under this Act or any other records relevant to a business conducted under a licence, or to transactions involving the sale or purchase of liquor, to produce those books of account or records for inspection; (c) examine, copy or take extracts from such books of account or records; (d) remove and retain such books of account or records for so long as is reasonably necessary for the purpose of making a copy of the book of account or record; (e) require any person who is in a position to provide information relating to the sale, purchase or supply of liquor to answer any question put by the authorised officer on that subject; (f) require any such person to state his or her full name and address and date of birth. (3) A person who— (a) hinders or obstructs an authorised officer in the exercise of powers under this section; or (b) fails, without reasonable excuse, to comply with a requirement of an authorised officer under this section; or (c) fails, without reasonable excuse, to answer, to the best of the person's knowledge, information and belief, a question put by an authorised officer; or (d) falsely represents that he or she is an authorised officer, (4) A person may decline to answer a question put under this section if the answer would tend to incriminate the person of an offence. authorised officer means— (a) the Commissioner; or (b) an inspector; or (c) a police officer. 123—Power to enter and search premises and confiscate liquor (1) If a police officer suspects on reasonable grounds— (a) that an offence against this Act is being committed on any premises; or (b) that there is on licensed or other premises evidence of an offence against this Act, the officer may enter and search the premises, using the force necessary for the purpose. (2) A police officer may confiscate liquor that the officer suspects on reasonable grounds to have been illegally sold or supplied, or to be in the possession of a person unlawfully or for an unlawful purpose. Division 2—Power to remove or refuse entry 124—Power to refuse entry or remove intoxicated persons or persons guilty of offensive behaviour (1) An authorised person may, if necessary, use reasonable force to remove a person from, or prevent the entry of a person onto, licensed premises if— (a) the person is intoxicated; or (c) the person is behaving in an offensive or disorderly manner. (2) An authorised person may, if necessary, use reasonable force to remove a person from licensed premises if the authorised person reasonably suspects that the person has supplied, or is about to supply, liquor to an intoxicated person on the licensed premises. (2a) If a licensee or a responsible person for licensed premises requests a police officer to exercise a power conferred by this section in relation to a person, the police officer must do so if satisfied that the power may be exercised in relation to the person under this section. (3) A person removed from licensed premises under this section who re‑enters the licensed premises within 24 hours of being removed from them is guilty of an offence. (4) A person who— (a) is removed from licensed premises, or refused entry to, or prevented from entering, licensed premises under this section; and (b) enters or attempts to enter the licensed premises within the following 24 hours, (5) A police officer may arrest, without warrant, any person who commits an offence against subsection (4). Division 3—Power to bar Subdivision 1—Interpretation 124A—Interpretation (1) In this Division— family member of a person means— (a) a spouse or former spouse; (b) a domestic partner or former domestic partner; (c) a parent, brother, sister or child; licensed premises or premises includes an area adjacent to the licensed premises that is under the control of the licensee for the licensed premises. (2) For the purposes of determining whether the welfare of a person, a person residing with a person or a family member of a person, is seriously at risk as a result of the consumption of alcohol by the person, a licensee, responsible person or police officer acting under this Division must take into account the fact that harm caused by the excessive or inappropriate consumption of liquor includes— (a) the risk of harm to children, vulnerable people and communities; and (b) the adverse effects on a person's health; and (c) alcohol abuse or misuse; and (d) domestic violence or anti‑social behaviour, including causing personal injury and property damage. Subdivision 2—Licensee barring orders 125—Licensee barring orders (1) A licensee or a responsible person for licensed premises may, by order served on a person, bar the person from entering or remaining on the licensed premises for a specified period, not exceeding any applicable limit fixed by this section— (aa) if the licensee or responsible person is satisfied that the welfare of the person, a person residing with the person or a family member of the person, is seriously at risk as a result of the consumption of alcohol by the person; or (a) if the person commits an offence, or behaves in an offensive or disorderly manner, on, or in an area adjacent to, the licensed premises; or (b) on any other reasonable ground. (1a) A police officer may provide a licensee or responsible person for licensed premises with information about a person (including photographic and other information that may identify the person) for either or both of the following purposes: (a) for the purposes of subsection (1); (b) to identify a person who has been barred from premises under that subsection. (2) A person who enters or remains on licensed premises from which he or she is barred under this section is guilty of an offence. (3) A licensee or a responsible person for licensed premises may, by subsequent order served on a person, revoke an order. (4) A licensee, a responsible person for licensed premises or an employee of the licensee who allows a person to enter or remain on licensed premises from which the person is barred is guilty of an offence. (5) A person may be barred under this section— (a) if the person is barred under subsection (1)(aa)—for an indefinite period or any specified period; or (b) in any other case— (i) if the person has not previously been barred from entering or remaining on the licensed premises—for a period not exceeding 3 months or such longer period as may be approved by the Commissioner; or (ii) if the person has on one previous occasion been barred from entering or remaining on the licensed premises—for a period not exceeding 6 months or such longer period as may be approved by the Commissioner; or (iii) if the person has on at least 2 previous occasions been barred from entering or remaining on the licensed premises—for an indefinite period or any specified period. (6) If a person is barred under this section for an indefinite period or a period exceeding 6 months, the order will cease to have effect unless, within 7 days of the service of the order, the Commissioner is provided with— (a) in the case of an order under subsection (1)(aa)—details of the information in response to which the order was made; or (b) in any other case—details of the conduct giving rise to the order. Subdivision 3—Police barring orders 125A—Commissioner of Police barring orders (1) The Commissioner of Police may, by order served on a person, bar the person from entering or remaining on— (a) specified licensed premises; or (b) licensed premises of a specified class; or (c) licensed premises of a specified class within a specified area; or (d) all licensed premises within a specified area, for an indefinite period or a period specified in the order on any reasonable ground. (2) The Commissioner of Police may revoke an order under this section barring a person from premises by subsequent order served on the person. (3) The Commissioner of Police may delegate his or her power under this section to a Deputy Commissioner or an Assistant Commissioner of Police. (4) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the Commissioner of Police to act in any matter; and (d) is revocable at will by the Commissioner of Police. 125B—Police officer barring orders (1) Subject to this section, a police officer may, on the authorisation of a senior police officer, by order (a barring order) served on a person, bar the person from entering or remaining on— (a) specified licensed premises; or (b) licensed premises of a specified class; or (c) licensed premises of a specified class within a specified area; or (d) all licensed premises within a specified area, for a specified period not exceeding any applicable limit fixed by this section— (e) if the police officer is satisfied that the welfare of the person, a person residing with the person or a family member of the person, is seriously at risk as a result of the consumption of alcohol by the person; or (f) if the person commits an offence, or behaves in an offensive or disorderly manner, on, or in an area adjacent to, the licensed premises; or (g) on any other reasonable ground. (2) A police officer may, on the authorisation of a senior police officer, vary or revoke an order under this section barring a person from premises by subsequent order served on the person. (3) The following provisions apply in relation to an order under this section: (a) in the case of a barring order made on the grounds referred to in subsection (1)(e)—the order remains in force for an indefinite period, or the period specified in the order; (b) in the case of a barring order made on the grounds referred to in subsection (1)(f) or (g) and authorised by a senior police officer of or above a rank determined under paragraph (b) in the definition of senior police officer in subsection (6)—the order remains in force— (i) if the person has not previously been barred under this Subdivision—for the period specified in the order (which may not exceed 3 months); or (ii) if the person has on 1 previous occasion been barred under this Subdivision—for the period specified in the order (which may not exceed 6 months); or (iii) if the person has on at least 2 previous occasions been barred under this Subdivision—for an indefinite period or the period specified in the order. (4) An authorisation to issue a barring order under this section may be granted orally or in writing but a written record must be kept of— (a) the name, rank and identification number of the senior police officer giving the authorisation; and (b) the name, rank and identification number of the police officer requesting the authorisation; and (c) details of the conduct giving rise to the request; and (d) the following details relating to the barring order: (i) the name of the person barred under the order; and (ii) the licensed premises from which the person has been barred under the order; and (iii) the grounds on which the issuing of the order is authorised; and (iv) the period for which the order remains in force. (5) For the purposes of subsection (2), a condition or limitation under this section in relation to the making of a particular barring order extends to a variation or revocation of the order under that subsection. senior police officer means— (a) in the case of a barring order that is to be made on the grounds referred to in subsection (1)(e)— (i) if the order is to be made for a period exceeding 72 hours—a police officer of or above the rank of Inspector; or (ii) in any other case—a police officer of or above the rank of Sergeant; or (b) in the case of a barring order that is to be made on the grounds referred to in subsection (1)(f) or (g)— (i) if the order is to be made for a period exceeding 3 months—a police officer of or above the rank of Inspector; or (ii) if the order is to be made for a period exceeding 72 hours but not exceeding 3 months—a police officer of or above the rank of Sergeant; or (iii) in any other case—a police officer of or above the rank of Sergeant or in charge for the time being of a police station. 125C—Offences (1) A person who enters or remains on licensed premises from which he or she is barred under this Subdivision is guilty of an offence. (2) A licensee, a responsible person for licensed premises, or an employee of the licensee, who knows or ought reasonably to know that a person has been barred from licensed premises under this Subdivision and who allows a person to enter or remain on those premises, is guilty of an offence. 125D—Evidence (1) In proceedings for an offence against this Subdivision, a certificate apparently signed by a police officer of or above the rank of Inspector stating that a person was barred from licensed premises under this Subdivision for the period specified in the certificate will be accepted, in the absence of proof to the contrary, as proof of the matters stated in the certificate. (2) In proceedings for an offence against this Subdivision, a certificate apparently signed by a police officer of or above the rank of Inspector stating— (a) that an authorisation under section 125B was given; and (b) that the authorisation authorised the making of an order under this Subdivision; and (c) the grounds on which the authorisation was given, will be accepted, in the absence of proof to the contrary, as proof of the matters stated in the certificate. Subdivision 4—Miscellaneous 125E—Power to require personal details (1) A police officer may, for the purposes of this Division, require a person to state all or any of the person's personal details. (2) If a police officer has reasonable cause to suspect that a personal detail as stated in response to a requirement under subsection (1) is false, the officer may require the person making the statement to produce evidence of the correctness of the personal detail as stated. (3) A person who— (a) refuses or fails, without reasonable excuse, to comply with a requirement under subsection (1) or (2); or (b) in response to a requirement under subsection (1) or (2)— (i) states a personal detail that is false; or (ii) produces false evidence of a personal detail, (4) A police officer who has required a person to state all or any of the person's personal details under this section is required to comply with a request to identify himself or herself, by— (a) producing his or her police identification; or (b) stating orally or in writing his or her surname, rank and identification number. personal details, in relation to a person, means— (a) the person’s full name; and (b) the person’s date of birth; and (c) the person's residential address; and (d) the person’s business address. 126—Orders (1) An order under this Division must be in writing in a form prescribed by regulation. (1a) If a person has been barred from premises by order under Subdivision 3, the relevant licensee must, within 14 days of the service of the order, be provided with— (a) a copy of the order; and (b) information that identifies the person, (but a failure to comply with this subsection does not affect the operation of the order). (2) A copy of the order must be kept at the licensed premises to which the order relates. 127—Power to remove person who is barred (1) If a person is on premises from which the person is barred under this Division, an authorised person may require that person to leave the premises. (2) If a person who is barred from premises under this Division— (a) seeks to enter the premises; or (b) refuses or fails to comply with a requirement under subsection (1), an authorised person may prevent the person from entering the premises, or remove the person from the premises, using the force reasonably necessary for the purpose. 128—Review of orders (1) A person in respect of whom one or more orders have been made under this Division barring the person from premises— (a) for a period exceeding 1 month; or (b) for periods exceeding 1 month in aggregate during a period of 3 months, may apply to the licensing authority for a review of the order under which the person is barred from the premises. (1a) The licensee of the premises must be given reasonable notice by the licensing authority of the hearing of an application under this section and is entitled to appear at the hearing personally or by a representative. (2) The licensing authority may, on the hearing of an application under this section, confirm, vary or revoke the order. (2a) If, on the hearing of an application under this section in relation to an order under which the applicant has been barred from premises for an indefinite period or a period exceeding 6 months, the licensing authority is of the opinion that it is appropriate to vary the order so that the person is barred from entering or remaining on the premises until further order of the Commissioner, the licensing authority may so vary the order. (2b) When the Commissioner is determining whether to make an order under subsection (2a), the Commissioner must have regard to whether the person has undertaken a behaviour management course, obtained medical assistance or taken other action to address the problem. (3) A decision of the Commissioner under this section is not subject to review. (4) The licensing authority has an absolute discretion to suspend an order pending determination of an application for review of the order. licensing authority means— (a) if the order was made barring the person from premises for an extended period approved by the Commissioner under section 125(5)(b)(i) or (ii)—the Court; (b) in any other case—the Commissioner. 128A—Reports on barring orders (1) The Commissioner must, on or before 30 September in each year (other than the calendar year in which this section comes into operation), provide a report to the Minister specifying the following information in relation to the financial year ending on the preceding 30 June: (a) in relation to an order made under Subdivision 2 barring a person from licensed premises for an indefinite period or a period exceeding 6 months— (i) in the case of orders made under section 125(1)(aa) (a welfare order)— (A) the number of welfare orders made; and (B) the location of the licensed premises from which the persons were barred; (ii) in any other case— (A) the number of orders made; and (B) statistical information about the type of conduct giving rise to the orders; and (C) the location of the licensed premises from which the persons were barred; (c) the number of reviews of orders conducted under section 128 and the outcome of any such review. (2) The Minister must, within 12 sitting days after receipt of a report under this section, cause copies of the report to be laid before each House of Parliament. 128AB—Commissioner of Police to report to Minister for Police on barring orders The Commissioner of Police must include in the Commissioner of Police's report to the Minister responsible for the administration of the Police Act 1998 the following information in respect of each order made under Subdivision 3 in the financial year to which the report relates because of information classified by the Commissioner of Police as criminal intelligence: (a) the number of orders made; (b) the location of the licensed premises from which the persons were barred; (c) statistical information about— (i) the period for which the orders have effect; and (ii) the age, gender, race and residential postcode of the persons barred. Division 4—Public order and safety 128B—Power of Commissioner to issue public order and safety notice (1) The Commissioner may, in his or her absolute discretion, issue a public order and safety notice in respect of a licence if the Commissioner considers that the notice is necessary or desirable to address an issue or perceived issue of public order and safety or to mitigate adverse consequences arising from an issue or perceived issue of public order and safety. (2) A public order and safety notice may— (a) vary or suspend a condition of the licence; or (b) impose a condition on the licence (including a condition that varies the trading hours in respect of the licence fixed or required by or under this Act); or (c) vary the trading hours in respect of the licence fixed or required by or under this Act; or (d) require the licensed premises to be closed and remain closed for specified hours, despite a requirement of this Act to keep the premises open to the public during those hours; or (e) suspend the licence. (3) Unless the urgency of the circumstances require otherwise, the Commissioner must, before issuing a public order and safety notice in respect of a licence, give the licensee a reasonable opportunity to make submissions about the making of the notice and its proposed terms (however, failure to comply with this subsection does not affect the validity of the notice). (4) A public order and safety notice in respect of a licence takes effect when served on the licensee or at a later time specified in the notice and remains in force for a period of not more than 72 hours specified in the notice. (5) A public order and safety notice in respect of a licence may not be issued except with the approval of the Minister if the licence has been subject to another public order and safety notice within the 72 hours immediately preceding the period for which the notice would apply. (6) A public order and safety notice in respect of a licence may be varied or revoked by the Commissioner by notice in writing served on the licensee. (7) The Commissioner must provide a report to the Minister on the operation of this section at least once in every 12 month period. (8) No civil liability attaches to the Commissioner or the Crown in respect of an act or omission in good faith in the making, variation or revocation of a public order and safety notice. (9) In legal proceedings, a certificate apparently signed by the Minister certifying an approval of a period for the purposes of subsection (4) is, in the absence of proof to the contrary, proof of the matter certified. 128C—Power of police to clear or close licensed premises etc (1) If a senior police officer believes on reasonable grounds that it would be unsafe for members of the public to enter or remain in a licensed premises or part of a licensed premises because of conditions temporarily prevailing there, the officer may— (a) order persons to leave the premises or part of the premises immediately; or (b) order the licensee immediately to remove persons from the premises or part of the premises; or (c) order the licensee to take other specified action to rectify the situation immediately or within a specified period; or (d) if an order under paragraph (a), (b) or (c) is not obeyed, take action to carry out the order; or (e) if satisfied that the safety of persons cannot reasonably be ensured by other means, order the licensee to close the premises or part of the premises immediately and for such period as the officer considers necessary (but not exceeding 24 hours) for the alleviation of the danger; or (f) if a closure order under paragraph (e) cannot for any reason be given to the licensee, or if a closure order, having been given to the licensee, is not immediately obeyed, take action to close the premises or part of the premises for such period as the officer considers necessary (but not exceeding 24 hours) for the alleviation of the danger. (2) If a person given an order under this section refuses or fails to obey the order, the person is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (3) An order under this section may be given orally or by notice in writing. (4) If a closure order under this section is given orally, the officer must as soon as practicable cause a written notice containing the order to be served on the licensee. (5) When a senior police officer is satisfied that the danger has been alleviated, he or she may revoke an order under this section. (6) A senior police officer may authorise another police officer to issue an order under subsection (1) if satisfied (whether on the basis of his or her own observations or the report of another police officer) that urgent action is required. (7) A police officer may use such force to enter a place, or to take other action under this section, as is reasonably necessary for the purpose. (8) The Commissioner of Police must include in his or her annual report to the Minister to whom the administration of the Police Act 1998 is for the time being committed a record of— (a) the number of orders made under this section during the period to which the report relates; and (b) in relation to each order made during that period— (i) the licensed premises or part of licensed premises in relation to which the order was made; and (ii) the period for which the order was in force; and (iii) the grounds on which the order was made; and (c) any other matters the Commissioner of Police considers relevant. (9) This section does not derogate from the powers of a police officer under any other Act or law. (10) In this section— senior police officer means a police officer of or above the rank of inspector.