37Control of sale and distribution of articles in certain public places

37 Control of sale and distribution of articles in certain public places

37 Control of sale and distribution of articles in certain public places

(1) For the purposes of this section, a Ministerial order may prescribe an area as a controlled area for a major event.

(1A) A controlled area must be—

(a) the area comprising or comprising and adjacent to—

(i) a transport facility or interchange, or

(ii) a major event area, or

(b) a public place within 100m of—

(i) a transport facility or interchange, or

(ii) a major event area.

(2) A person must not sell or distribute a prescribed article during the sales control period in a controlled area without the approval of the responsible authority.

Maximum penalty—50 penalty units.

(3) An authorised officer may give a direction to a person who sells or distributes any prescribed article during the sales control period in a controlled area without the approval of the responsible authority to remove the article, and any other prescribed articles within the person’s possession or under the person’s control, from the area immediately or by such other time as may be directed.

(4) A person must not fail or refuse to comply with a direction given to the person by an authorised officer under subsection (3).

Maximum penalty—50 penalty units.

(5) If a person fails or refuses to comply with a direction given under subsection (3) for the removal of a prescribed article, the article is forfeited to the Crown and may be seized by an authorised officer.

(6) A person whose article is forfeited to the Crown under this section may appeal against the forfeiture to the Local Court within 21 days after the forfeiture.

(7) The Local Court may determine the appeal by—

(a) upholding the forfeiture, or

(b) ordering the return of the article to the appellant, or

(c) making such other order as it thinks fit.