This Act gives magistrates and authorised police officers new tools to manage antisocial or criminal behaviour: courts and senior/commissioned police can make orders to keep a person of good behaviour, exclude people from places or events, restrict premises where disorderly or criminal activity happens, and require removal of excessive fortifications. Breaching those orders attracts criminal penalties and police are given search, entry, seizure and enforcement powers. It affects suspected offenders, their associates, owners/occupiers of premises, event organisers and the police; it matters because it creates administrative and criminal mechanisms to reduce identifiable public-safety risks.
This Act establishes a statutory regime for preventive, remedial and enforcement measures directed at individuals, groups and premises that present risks to public safety, peace and good order. Its mechanisms are: (a) magistrates’ orders to “keep the peace and be of good behaviour” and associated complaint procedures (Part 2, ss 5-13); (b) short-term public safety orders made by police commissioned officers (up to 7 days) and longer public safety orders made by courts (up to 6 months) together with police enforcement powers (Part 3, ss 17-33); (c) restricted premises orders aimed at premises where “disorderly activity” takes or is likely to take place, plus a regime for prescribed places treated as restricted premises and related enforcement/search-and-seize powers (Part 4, ss 33-55); and (d) fortification removal orders addressing excessive physical fortification of premises, with powers to remove, modify and, if necessary, have police carry out enforcement action and recover costs (Part 5, ss 56-75). The Act contains general provisions on court procedure, appeals, record-keeping and safeguards (Part 6 and Part 7, ss 78-100).
The legislative rationale is stated in the objects: protecting community safety and disrupting criminal networks, preventing intimidation and excessive fortification, and preserving safe public spaces (s 4). The Act implements that rationale by conferring decision-making power both on courts (magistrates) and on police officers (commissioned officers and senior police officers), with different thresholds, durations and procedural requirements depending on the remedy sought (see ss 4, 17, 25, 34, 58). It also sets out specific enforcement powers for police: stopping and searching vehicles, entering and searching restricted premises without a warrant, seizing specified “prohibited items”, and using force in the course of removing fortifications (ss 31, 49, 65).
Current sections
Direct links to the current provisions in Peace and Good Behaviour Act 1982.
138
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This Act may be cited as the Peace and Good Behaviour Act 1982 .
sec.2
Commencement
sec.2 Commencement
This Act shall commence on a day appointed by proclamation.
sec.3
Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
s 3 prev s 3 om 7 December 1992 RA s 36
pres s 3 ins 2016 No. 62 s 257
sec.4
Objects of Act
sec.4 Objects of Act
The main object of this Act is to protect the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct.
Other objects of this Act are to—
disrupt and restrict the activities of criminals; and
deter criminals from establishing, maintaining or expanding a criminal network; and
ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and
ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and
prevent intimidation of the public by criminals; and
protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.
The objects are achieved by—
giving jurisdiction to magistrates to make orders that—
require a person to keep the peace and be of good behaviour; or
prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or
prevent disorderly activities from taking place at particular premises; or
require the removal of excessive fortifications from particular premises; and
giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and
giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .
It is not the Parliament’s intention that powers under this Act be exercised in a way that diminishes the freedom of persons in the State to participate in advocacy, protest, dissent or industrial action.
In this section—
criminal means—
a recognised offender; or
an associate of a recognised offender; or
a participant in a criminal organisation; or
a person subject to a control order.
s 4 (prev s 3A) ins 2016 No. 62 s 257
renum 2016 No. 62 s 266
(sec.4-ssec.1) The main object of this Act is to protect the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct.
(sec.4-ssec.2) Other objects of this Act are to— disrupt and restrict the activities of criminals; and deter criminals from establishing, maintaining or expanding a criminal network; and ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and prevent intimidation of the public by criminals; and protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.
(sec.4-ssec.3) The objects are achieved by— giving jurisdiction to magistrates to make orders that— require a person to keep the peace and be of good behaviour; or prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or prevent disorderly activities from taking place at particular premises; or require the removal of excessive fortifications from particular premises; and giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .
(sec.4-ssec.4) It is not the Parliament’s intention that powers under this Act be exercised in a way that diminishes the freedom of persons in the State to participate in advocacy, protest, dissent or industrial action.
(sec.4-ssec.5) In this section— criminal means— a recognised offender; or an associate of a recognised offender; or a participant in a criminal organisation; or a person subject to a control order.
(a) disrupt and restrict the activities of criminals; and
(b) deter criminals from establishing, maintaining or expanding a criminal network; and
(c) ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and
(d) ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and
(e) prevent intimidation of the public by criminals; and
(f) protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.
(a) giving jurisdiction to magistrates to make orders that— (i) require a person to keep the peace and be of good behaviour; or (ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or (iii) prevent disorderly activities from taking place at particular premises; or (iv) require the removal of excessive fortifications from particular premises; and
(i) require a person to keep the peace and be of good behaviour; or
(ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or
(iii) prevent disorderly activities from taking place at particular premises; or
(iv) require the removal of excessive fortifications from particular premises; and
(b) giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and
(c) giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .
(i) require a person to keep the peace and be of good behaviour; or
(ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or
(iii) prevent disorderly activities from taking place at particular premises; or
(iv) require the removal of excessive fortifications from particular premises; and
(a) a recognised offender; or
(b) an associate of a recognised offender; or
(c) a participant in a criminal organisation; or
(d) a person subject to a control order.
pt.2
Peace and good behaviour orders
Peace and good behaviour orders
pt.2-div.1
Making of orders
Making of orders
sec.5
Complaint in respect of breach of the peace
sec.5 Complaint in respect of breach of the peace
A person (the complainant ) may make a complaint to a justice of the peace that a person has threatened—
to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
to destroy or damage any property of the complainant; or
to procure any other person to destroy or damage any property of the complainant;
and that the complainant is in fear of the person complained against (the defendant ).
A person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant.
If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue—
a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or
a warrant to apprehend the defendant and to cause the defendant to be brought before a court;
to answer the complaint and to be further dealt with according to law.
If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 .
In this section—
complaint means a written complaint made on oath.
s 5 (prev s 4) amd 1997 No. 9 s 48 ; 2004 No. 43 s 66 ; 2016 No. 62 s 259
renum 2016 No. 62 s 266
(sec.5-ssec.1) A person (the complainant ) may make a complaint to a justice of the peace that a person has threatened— to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to destroy or damage any property of the complainant; or to procure any other person to destroy or damage any property of the complainant; and that the complainant is in fear of the person complained against (the defendant ).
(sec.5-ssec.2) A person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant.
(sec.5-ssec.2A) If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue— a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or a warrant to apprehend the defendant and to cause the defendant to be brought before a court; to answer the complaint and to be further dealt with according to law.
(sec.5-ssec.3) If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 .
(sec.5-ssec.4) In this section— complaint means a written complaint made on oath.
(a) to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
(b) to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
(c) to destroy or damage any property of the complainant; or
(d) to procure any other person to destroy or damage any property of the complainant;
(a) a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or
(b) a warrant to apprehend the defendant and to cause the defendant to be brought before a court;
sec.6
Justice may make inquiries or receive evidence
sec.6 Justice may make inquiries or receive evidence
The justice of the peace, in the consideration of the substantiation of the matter of the complaint to the justice’s satisfaction, may make or cause to be made such inquiries and receive such evidence as the justice thinks fit.
s 6 (prev s 5) renum 2016 No. 62 s 266
sec.7
Magistrates Court may make order
sec.7 Magistrates Court may make order
The court before which the defendant appears in obedience to the summons or is brought pursuant to the warrant, as the case may be, shall hear and determine the matter of the complaint.
Without limiting any other evidence given by or on behalf of the defendant, the defendant may produce evidence that the complaint is made from malice or for vexation only.
Upon a consideration of the evidence, the court may—
dismiss the complaint; or
make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.
The order made by the court may contain such other stipulations or conditions as the court thinks fit.
s 7 (prev s 6) amd 2016 No. 62 s 260
renum 2016 No. 62 s 266
(sec.7-ssec.1) The court before which the defendant appears in obedience to the summons or is brought pursuant to the warrant, as the case may be, shall hear and determine the matter of the complaint.
(sec.7-ssec.2) Without limiting any other evidence given by or on behalf of the defendant, the defendant may produce evidence that the complaint is made from malice or for vexation only.
(sec.7-ssec.3) Upon a consideration of the evidence, the court may— dismiss the complaint; or make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.
(sec.7-ssec.4) The order made by the court may contain such other stipulations or conditions as the court thinks fit.
(a) dismiss the complaint; or
(b) make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.
sec.8
Where defendant does not appear
sec.8 Where defendant does not appear
If at the time and place appointed by summons for the hearing of the complaint the defendant does not appear when called and proof is made to the court of due service of the summons in accordance with section 56 of the Justices Act 1886 , the court may—
issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or
proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or
for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.
Where the court makes an order, a copy thereof shall be served on the defendant in the same manner as a summons may be served under the Justices Act 1886 .
s 8 (prev s 7) amd 2016 No. 62 s 261
renum 2016 No. 62 s 266
(sec.8-ssec.1) If at the time and place appointed by summons for the hearing of the complaint the defendant does not appear when called and proof is made to the court of due service of the summons in accordance with section 56 of the Justices Act 1886 , the court may— issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.
(sec.8-ssec.2) Where the court makes an order, a copy thereof shall be served on the defendant in the same manner as a summons may be served under the Justices Act 1886 .
(a) issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or
(b) proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or
(c) for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.
sec.9
Application of Justices Act
sec.9 Application of Justices Act
Subject to this Part and subject to any necessary modifications and any modifications prescribed by regulation, the provisions of and proceedings and procedures under the Justices Act 1886 applicable in the case of the prosecution of an offence in a summary way under that Act are applicable in the case of proceedings by way of complaint in respect of which an order to keep the peace and be of good behaviour may be made pursuant to section 7 as if such complaint were a complaint in respect of such an offence.
s 9 (prev s 8) amd 1992 No. 68 s 3 sch 1 ; 2016 No. 62 s 262
renum 2016 No. 62 s 266
sec.10
Application of Bail Act
sec.10 Application of Bail Act
Where the defendant is apprehended under a warrant issued pursuant to this Act, the provisions of the Bail Act 1980 are applicable in respect of the defendant as though the defendant is a person apprehended on a charge of an offence.
s 10 (prev s 9) renum 2016 No. 62 s 266
pt.2-div.2
Offences
Offences
sec.11
Offence for breach of order
sec.11 Offence for breach of order
A person who during the currency of an order made in respect of the person pursuant to section 7 contravenes or fails to comply with that order is for each contravention or failure to comply guilty of an offence against this Act.
Maximum penalty—100 penalty units or imprisonment for 1 year.
For the purposes of this section, a contravention or failure to comply with an order includes a contravention or failure to comply with any stipulation or condition thereof.
s 11 (prev s 10) amd 1992 No. 68 s 3 sch 1 ; 2016 No. 62 s 264
renum 2016 No. 62 s 266
(sec.11-ssec.1) A person who during the currency of an order made in respect of the person pursuant to section 7 contravenes or fails to comply with that order is for each contravention or failure to comply guilty of an offence against this Act. Maximum penalty—100 penalty units or imprisonment for 1 year.
(sec.11-ssec.2) For the purposes of this section, a contravention or failure to comply with an order includes a contravention or failure to comply with any stipulation or condition thereof.
sec.12
Court may make further order
sec.12 Court may make further order
On the conviction of a person for an offence under section 11 , the court may, in addition to convicting the offender, make a further order that the offender shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit and the provisions of law and procedures applicable with respect to an order that may be made under section 7 are applicable with respect to the like order that may be made under this section.
s 12 (prev s 11) amd 2016 No. 62 s 265
renum 2016 No. 62 s 266
sec.13
Proceedings for offences
sec.13 Proceedings for offences
Proceedings for an offence against this Part may be instituted in a summary way under the Justices Act 1886 .
s 13 (prev s 12) renum 2016 No. 62 s 266
pt.3
Public safety orders
Public safety orders
pt.3-div.1
Preliminary
Preliminary
sec.14
Definition for part
sec.14 Definition for part
In this part—
respondent , to an application for a public safety order—
for division 2 —see section 17 (1) and (2) ; or
for division 3 —see section 25 (1) and (2) .
s 14 sub 1992 No. 68 s 3 sch 1 ; 2016 No. 62 s 267
(a) for division 2 —see section 17 (1) and (2) ; or
(b) for division 3 —see section 25 (1) and (2) .
sec.15
Object of part
sec.15 Object of part
The object of this part is to provide for—
public safety orders, of a duration of no more than 7 days, to be made by a commissioned officer; and
public safety orders, of a duration of no more than 6 months, to be made by a court.
s 15 ins 2016 No. 62 s 267
(a) public safety orders, of a duration of no more than 7 days, to be made by a commissioned officer; and
(b) public safety orders, of a duration of no more than 6 months, to be made by a court.
sec.16
Peaceful Assembly Act 1992 unaffected
sec.16 Peaceful Assembly Act 1992 unaffected
This part, or an order under this part, does not affect the Peaceful Assembly Act 1992 .
s 16 ins 2016 No. 62 s 267
pt.3-div.2
Making of orders by commissioned officers
Making of orders by commissioned officers
sec.17
Commissioned officer may make public safety order
sec.17 Commissioned officer may make public safety order
A commissioned officer may make a public safety order for a person or a group of persons (the respondent ) if the commissioned officer is satisfied—
the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and
it is more appropriate to make an order under this division than applying to the court for an order of longer duration under division 3 ; and
making the order is appropriate in the circumstances.
A reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.
In considering whether or not to make the order, the commissioned officer must have regard to the following—
the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;
the number of previous public safety orders made for the respondent;
whether the respondent is or has been a participant in a criminal organisation or the subject of a control order;
whether the respondent associates, or has associated with—
a participant in a criminal organisation; or
a person subject to a control order; or
a recognised offender; or
an associate of a recognised offender;
if advocacy, protest, dissent or industrial action is the likely reason for the respondent being present at the premises or event or within the area—the public interest in maintaining freedom to participate in those activities;
whether the degree of risk involved justifies the imposition of the conditions to be stated in the order, having regard, in particular, to any legitimate reason the respondent may have for being present at the premises or event or within the area;
the extent to which making the order will reduce the risk to public safety or security or effective traffic management;
the extent to which making the order will assist in achieving the objects of this Act.
s 17 ins 2016 No. 62 s 267
(sec.17-ssec.1) A commissioned officer may make a public safety order for a person or a group of persons (the respondent ) if the commissioned officer is satisfied— the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and it is more appropriate to make an order under this division than applying to the court for an order of longer duration under division 3 ; and making the order is appropriate in the circumstances.
(sec.17-ssec.2) A reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.
(sec.17-ssec.3) In considering whether or not to make the order, the commissioned officer must have regard to the following— the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security; the number of previous public safety orders made for the respondent; whether the respondent is or has been a participant in a criminal organisation or the subject of a control order; whether the respondent associates, or has associated with— a participant in a criminal organisation; or a person subject to a control order; or a recognised offender; or an associate of a recognised offender; if advocacy, protest, dissent or industrial action is the likely reason for the respondent being present at the premises or event or within the area—the public interest in maintaining freedom to participate in those activities; whether the degree of risk involved justifies the imposition of the conditions to be stated in the order, having regard, in particular, to any legitimate reason the respondent may have for being present at the premises or event or within the area; the extent to which making the order will reduce the risk to public safety or security or effective traffic management; the extent to which making the order will assist in achieving the objects of this Act.
(a) the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and
(b) it is more appropriate to make an order under this division than applying to the court for an order of longer duration under division 3 ; and
(c) making the order is appropriate in the circumstances.
(a) the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;
(b) the number of previous public safety orders made for the respondent;
(c) whether the respondent is or has been a participant in a criminal organisation or the subject of a control order;
(d) whether the respondent associates, or has associated with— (i) a participant in a criminal organisation; or (ii) a person subject to a control order; or (iii) a recognised offender; or (iv) an associate of a recognised offender;
(i) a participant in a criminal organisation; or
(ii) a person subject to a control order; or
(iii) a recognised offender; or
(iv) an associate of a recognised offender;
(e) if advocacy, protest, dissent or industrial action is the likely reason for the respondent being present at the premises or event or within the area—the public interest in maintaining freedom to participate in those activities;
(f) whether the degree of risk involved justifies the imposition of the conditions to be stated in the order, having regard, in particular, to any legitimate reason the respondent may have for being present at the premises or event or within the area;
(g) the extent to which making the order will reduce the risk to public safety or security or effective traffic management;
(h) the extent to which making the order will assist in achieving the objects of this Act.
(i) a participant in a criminal organisation; or
(ii) a person subject to a control order; or
(iii) a recognised offender; or
(iv) an associate of a recognised offender;
sec.18
Conditions
sec.18 Conditions
In making a public safety order for a respondent, the commissioned officer may impose a condition that prohibits the respondent from doing or attempting to do any of the following while the order is in force—
entering or remaining at stated premises;
attending or remaining at a stated event;
entering or remaining in a stated area;
doing a stated thing in a stated area.
A public safety order does not stop the respondent from entering the respondent’s principal place of residence.
s 18 ins 2016 No. 62 s 267
(sec.18-ssec.1) In making a public safety order for a respondent, the commissioned officer may impose a condition that prohibits the respondent from doing or attempting to do any of the following while the order is in force— entering or remaining at stated premises; attending or remaining at a stated event; entering or remaining in a stated area; doing a stated thing in a stated area.
(sec.18-ssec.2) A public safety order does not stop the respondent from entering the respondent’s principal place of residence.
(a) entering or remaining at stated premises;
(b) attending or remaining at a stated event;
(c) entering or remaining in a stated area;
(d) doing a stated thing in a stated area.
sec.19
Particular orders must be authorised by court
sec.19 Particular orders must be authorised by court
Despite any other provision of this division, a commissioned officer must not do any of the following unless authorised by a court under this section—
make a public safety order for the same respondent in relation to the same stated premises, stated event or stated area more than 3 times in a period of 6 months;
make a public safety order for a respondent that takes effect immediately after the end of a previous public safety order for the respondent;
make a public safety order for a respondent of a duration of no more than 72 hours if a public safety order under this division has been made for the respondent within the immediately preceding 7 days.
A commissioned officer may apply to a court for an order (an authorisation order ) authorising the officer to make a public safety order of a type mentioned in subsection (1) .
An authorisation order may be made by the court on an application made without notice to any person.
The grounds of an application for an authorisation order must be verified by affidavit.
An application to the court for an authorisation order may be made and dealt with by a magistrate by telephone as follows—
the commissioned officer must inform the magistrate—
of the officer’s name and rank; and
that the officer is a commissioned officer;
the magistrate must be satisfied the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the commissioned officer, by the oral questioning of the commissioned officer and any other available witnesses by telephone;
if the magistrate is not satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the magistrate may adjourn the hearing of the application to a time and place fixed by the magistrate;
if the magistrate is satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the officer must inform the magistrate of the grounds on which the officer proposes to make the public safety order and the conditions the officer proposes to include in the order;
if the magistrate is satisfied it is appropriate for the commissioned officer to make the public safety order, the magistrate—
must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and
must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;
if the commissioned officer gives an undertaking mentioned in paragraph (e) , the magistrate may make the authorisation order, noting on the order the facts that justify, in the magistrate’s opinion, the making of the public safety order;
the commissioned officer must, as soon as practicable after the making of the public safety order, give the magistrate an affidavit verifying the facts mentioned in paragraph (e) .
For subsection (5) (a) , the magistrate, on receiving the information mentioned in that paragraph, may assume, without further inquiry, that the commissioned officer is authorised to make an application under this section.
s 19 ins 2016 No. 62 s 267
(sec.19-ssec.1) Despite any other provision of this division, a commissioned officer must not do any of the following unless authorised by a court under this section— make a public safety order for the same respondent in relation to the same stated premises, stated event or stated area more than 3 times in a period of 6 months; make a public safety order for a respondent that takes effect immediately after the end of a previous public safety order for the respondent; make a public safety order for a respondent of a duration of no more than 72 hours if a public safety order under this division has been made for the respondent within the immediately preceding 7 days.
(sec.19-ssec.2) A commissioned officer may apply to a court for an order (an authorisation order ) authorising the officer to make a public safety order of a type mentioned in subsection (1) .
(sec.19-ssec.3) An authorisation order may be made by the court on an application made without notice to any person.
(sec.19-ssec.4) The grounds of an application for an authorisation order must be verified by affidavit.
(sec.19-ssec.5) An application to the court for an authorisation order may be made and dealt with by a magistrate by telephone as follows— the commissioned officer must inform the magistrate— of the officer’s name and rank; and that the officer is a commissioned officer; the magistrate must be satisfied the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the commissioned officer, by the oral questioning of the commissioned officer and any other available witnesses by telephone; if the magistrate is not satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the magistrate may adjourn the hearing of the application to a time and place fixed by the magistrate; if the magistrate is satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the officer must inform the magistrate of the grounds on which the officer proposes to make the public safety order and the conditions the officer proposes to include in the order; if the magistrate is satisfied it is appropriate for the commissioned officer to make the public safety order, the magistrate— must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts; if the commissioned officer gives an undertaking mentioned in paragraph (e) , the magistrate may make the authorisation order, noting on the order the facts that justify, in the magistrate’s opinion, the making of the public safety order; the commissioned officer must, as soon as practicable after the making of the public safety order, give the magistrate an affidavit verifying the facts mentioned in paragraph (e) .
(sec.19-ssec.6) For subsection (5) (a) , the magistrate, on receiving the information mentioned in that paragraph, may assume, without further inquiry, that the commissioned officer is authorised to make an application under this section.
(a) make a public safety order for the same respondent in relation to the same stated premises, stated event or stated area more than 3 times in a period of 6 months;
(b) make a public safety order for a respondent that takes effect immediately after the end of a previous public safety order for the respondent;
(c) make a public safety order for a respondent of a duration of no more than 72 hours if a public safety order under this division has been made for the respondent within the immediately preceding 7 days.
(a) the commissioned officer must inform the magistrate— (i) of the officer’s name and rank; and (ii) that the officer is a commissioned officer;
(i) of the officer’s name and rank; and
(ii) that the officer is a commissioned officer;
(b) the magistrate must be satisfied the case is of sufficient urgency to justify dealing with the application without requiring the personal attendance of the commissioned officer, by the oral questioning of the commissioned officer and any other available witnesses by telephone;
(c) if the magistrate is not satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the magistrate may adjourn the hearing of the application to a time and place fixed by the magistrate;
(d) if the magistrate is satisfied it is appropriate to deal with the application without requiring the personal attendance of the commissioned officer—the officer must inform the magistrate of the grounds on which the officer proposes to make the public safety order and the conditions the officer proposes to include in the order;
(e) if the magistrate is satisfied it is appropriate for the commissioned officer to make the public safety order, the magistrate— (i) must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and (ii) must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;
(i) must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and
(ii) must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;
(f) if the commissioned officer gives an undertaking mentioned in paragraph (e) , the magistrate may make the authorisation order, noting on the order the facts that justify, in the magistrate’s opinion, the making of the public safety order;
(g) the commissioned officer must, as soon as practicable after the making of the public safety order, give the magistrate an affidavit verifying the facts mentioned in paragraph (e) .
(i) of the officer’s name and rank; and
(ii) that the officer is a commissioned officer;
(i) must inform the officer of the facts that justify, in the magistrate’s opinion, the making of the public safety order; and
(ii) must not proceed to make the authorisation order unless the officer undertakes to make an affidavit verifying those facts;
sec.20
Content of order
sec.20 Content of order
A public safety order made under this division must—
be in the approved form; and
state each of the following—
the premises, event or area to which the order applies;
the person, or group of persons, to which the order applies;
each condition imposed under section 18 ;
if the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force;
if the order applies to a stated event—
the location of the event for the purposes of the order; and
if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and
if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;
that a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment;
that a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units;
that the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours;
that a notice of appeal must be filed within 7 days after the order takes effect.
s 20 ins 2016 No. 62 s 267
(a) be in the approved form; and
(b) state each of the following— (i) the premises, event or area to which the order applies; (ii) the person, or group of persons, to which the order applies; (iii) each condition imposed under section 18 ; (iv) if the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force; (v) if the order applies to a stated event— (A) the location of the event for the purposes of the order; and (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event; (vi) that a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment; (vii) that a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units; (viii) that the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours; (ix) that a notice of appeal must be filed within 7 days after the order takes effect.
(i) the premises, event or area to which the order applies;
(ii) the person, or group of persons, to which the order applies;
(iii) each condition imposed under section 18 ;
(iv) if the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force;
(v) if the order applies to a stated event— (A) the location of the event for the purposes of the order; and (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;
(A) the location of the event for the purposes of the order; and
(B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and
(C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;
(vi) that a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment;
(vii) that a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units;
(viii) that the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours;
(ix) that a notice of appeal must be filed within 7 days after the order takes effect.
(i) the premises, event or area to which the order applies;
(ii) the person, or group of persons, to which the order applies;
(iii) each condition imposed under section 18 ;
(iv) if the order applies to stated premises or a stated area—the period, of not more than 7 days, for which the order remains in force;
(v) if the order applies to a stated event— (A) the location of the event for the purposes of the order; and (B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and (C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;
(A) the location of the event for the purposes of the order; and
(B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and
(C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;
(vi) that a contravention of the order may constitute an offence that carries a maximum penalty of 300 penalty units or 3 years imprisonment;
(vii) that a failure to comply with a direction given by a police officer under section 31 may constitute an offence that carries a maximum penalty of 40 penalty units;
(viii) that the respondent may appeal to a Magistrates Court against the order if the order is of a duration of more than 72 hours;
(ix) that a notice of appeal must be filed within 7 days after the order takes effect.
(A) the location of the event for the purposes of the order; and
(B) if the event is held over consecutive days—when the event starts and ends for the purposes of the order, provided the total duration of the event is no more than 7 days; and
(C) if the event is held over non-consecutive days—when the event starts and ends for the purposes of the order for each day of the event, provided the order is for no more than 7 days of the event;
sec.21
Service of order
sec.21 Service of order
If a public safety order is made by a commissioned officer, the commissioned officer must ensure a copy of the order is served by personal service on each person to whom the order relates.
If the commissioned officer reasonably suspects a person to whom the order applies is a person under 18 years or has impaired intellectual functioning, the commissioned officer must, if practicable, ensure the order is also served by personal service on a parent or guardian of the person.
A public safety order is not binding on a person to whom the order relates unless the order is served under this section.
If a public safety order is served on a person under this section, the order is binding on the person whether or not any other person to whom the order relates has been served.
Failure to comply with subsection (2) does not prevent an order from becoming binding when the order is served on a person.
In this section—
parent see the Youth Justice Act 1992 , schedule 4 .
s 21 ins 2016 No. 62 s 267
(sec.21-ssec.1) If a public safety order is made by a commissioned officer, the commissioned officer must ensure a copy of the order is served by personal service on each person to whom the order relates.
(sec.21-ssec.2) If the commissioned officer reasonably suspects a person to whom the order applies is a person under 18 years or has impaired intellectual functioning, the commissioned officer must, if practicable, ensure the order is also served by personal service on a parent or guardian of the person.
(sec.21-ssec.3) A public safety order is not binding on a person to whom the order relates unless the order is served under this section.
(sec.21-ssec.4) If a public safety order is served on a person under this section, the order is binding on the person whether or not any other person to whom the order relates has been served.
(sec.21-ssec.5) Failure to comply with subsection (2) does not prevent an order from becoming binding when the order is served on a person.
(sec.21-ssec.6) In this section— parent see the Youth Justice Act 1992 , schedule 4 .
sec.22
Urgent orders
sec.22 Urgent orders
This section applies if a commissioned officer is satisfied a public safety order made under this division should become binding on a person as a matter of urgency.
Despite section 21 , a police officer may—
communicate the contents of the order verbally to any person to whom the order relates; and
advise the person to whom the contents of the order are communicated under paragraph (a) —
of a place at which the person may obtain a written copy of the order on the next business day; and
that the order will be published on the QPS website on the next business day.
If practicable, a communication under subsection (2) must be electronically recorded.
The order is binding on a person immediately after a police officer has communicated the information mentioned in subsection (2) to the person.
The police officer must ensure a written copy of the order is—
available for collection by a person to whom the contents of the order are communicated under subsection (2) (a) , at the place mentioned in subsection (2) (b) , during ordinary business hours, on the next business day; and
published on the QPS website on the next business day.
In this section—
electronically recorded means audio recorded or video recorded.
next business day means the next business day after the day on which the officer communicates the information mentioned in subsection (2) to the person.
s 22 ins 2016 No. 62 s 267
(sec.22-ssec.1) This section applies if a commissioned officer is satisfied a public safety order made under this division should become binding on a person as a matter of urgency.
(sec.22-ssec.2) Despite section 21 , a police officer may— communicate the contents of the order verbally to any person to whom the order relates; and advise the person to whom the contents of the order are communicated under paragraph (a) — of a place at which the person may obtain a written copy of the order on the next business day; and that the order will be published on the QPS website on the next business day.
(sec.22-ssec.3) If practicable, a communication under subsection (2) must be electronically recorded.
(sec.22-ssec.4) The order is binding on a person immediately after a police officer has communicated the information mentioned in subsection (2) to the person.
(sec.22-ssec.5) The police officer must ensure a written copy of the order is— available for collection by a person to whom the contents of the order are communicated under subsection (2) (a) , at the place mentioned in subsection (2) (b) , during ordinary business hours, on the next business day; and published on the QPS website on the next business day.
(sec.22-ssec.6) In this section— electronically recorded means audio recorded or video recorded. next business day means the next business day after the day on which the officer communicates the information mentioned in subsection (2) to the person.
(a) communicate the contents of the order verbally to any person to whom the order relates; and
(b) advise the person to whom the contents of the order are communicated under paragraph (a) — (i) of a place at which the person may obtain a written copy of the order on the next business day; and (ii) that the order will be published on the QPS website on the next business day.
(i) of a place at which the person may obtain a written copy of the order on the next business day; and
(ii) that the order will be published on the QPS website on the next business day.
(i) of a place at which the person may obtain a written copy of the order on the next business day; and
(ii) that the order will be published on the QPS website on the next business day.
(a) available for collection by a person to whom the contents of the order are communicated under subsection (2) (a) , at the place mentioned in subsection (2) (b) , during ordinary business hours, on the next business day; and
(b) published on the QPS website on the next business day.
sec.23
Duration
sec.23 Duration
A public safety order made by a commissioned officer takes effect—
for an urgent order—under section 22 (4) ;
otherwise—when a police officer serves the order, under section 21 , on the person to whom the order relates.
The public safety order remains in force until the earlier of the following—
the day the order is revoked;
See the Acts Interpretation Act 1954 , section 24AA for the power of the commissioned officer to revoke the order.
if the order applies to a stated event and the event is cancelled—the day the event is cancelled;
otherwise—the day stated in the order.
s 23 ins 2016 No. 62 s 267
(sec.23-ssec.1) A public safety order made by a commissioned officer takes effect— for an urgent order—under section 22 (4) ; otherwise—when a police officer serves the order, under section 21 , on the person to whom the order relates.
(sec.23-ssec.2) The public safety order remains in force until the earlier of the following— the day the order is revoked; See the Acts Interpretation Act 1954 , section 24AA for the power of the commissioned officer to revoke the order. if the order applies to a stated event and the event is cancelled—the day the event is cancelled; otherwise—the day stated in the order.
(a) for an urgent order—under section 22 (4) ;
(b) otherwise—when a police officer serves the order, under section 21 , on the person to whom the order relates.
(a) the day the order is revoked; Note— See the Acts Interpretation Act 1954 , section 24AA for the power of the commissioned officer to revoke the order.
(b) if the order applies to a stated event and the event is cancelled—the day the event is cancelled;
(c) otherwise—the day stated in the order.
sec.24
Records to be kept
sec.24 Records to be kept
The commissioner must record in writing particulars of each public safety order made by a commissioned officer, including, for example, the following—
when and where the order was made;
the reasons the order was made;
the details of the respondent;
the conditions of the order;
the duration of the order;
the name of the commissioned officer;
whether the order was appealed against;
if paragraph (g) applies—the outcome of the appeal.
The record must be made as soon as practicable after the public safety order is made.
The commissioner must keep in the records of the police service each record the commissioner has kept under this section.
The commissioner must ensure the public interest monitor has access to each record the commissioner has kept under this section for the purpose of performing the monitor’s functions under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 5 .
In this section—
public interest monitor means the public interest monitor appointed under the Police Powers and Responsibilities Act 2000 , section 740 .
s 24 ins 2016 No. 62 s 267
(sec.24-ssec.1) The commissioner must record in writing particulars of each public safety order made by a commissioned officer, including, for example, the following— when and where the order was made; the reasons the order was made; the details of the respondent; the conditions of the order; the duration of the order; the name of the commissioned officer; whether the order was appealed against; if paragraph (g) applies—the outcome of the appeal.
(sec.24-ssec.2) The record must be made as soon as practicable after the public safety order is made.
(sec.24-ssec.3) The commissioner must keep in the records of the police service each record the commissioner has kept under this section.
(sec.24-ssec.4) The commissioner must ensure the public interest monitor has access to each record the commissioner has kept under this section for the purpose of performing the monitor’s functions under the Police Powers and Responsibilities Act 2000 , chapter 21 , part 5 .
(sec.24-ssec.5) In this section— public interest monitor means the public interest monitor appointed under the Police Powers and Responsibilities Act 2000 , section 740 .
(a) when and where the order was made;
(b) the reasons the order was made;
(c) the details of the respondent;
(d) the conditions of the order;
(e) the duration of the order;
(f) the name of the commissioned officer;
(g) whether the order was appealed against;
(h) if paragraph (g) applies—the outcome of the appeal.
pt.3-div.3
Making of orders by court
Making of orders by court
sec.25
Senior police officer may apply for public safety order
sec.25 Senior police officer may apply for public safety order
A senior police officer may apply to a court for, or for the extension of, a public safety order under this division for a person or a group of persons (the respondent ).
A reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.
The application must state the following—
details sufficient to identify the respondent;
the grounds on which the order, or extension, is sought, being grounds mentioned in section 27 to the extent they are relevant to the application;
the information supporting the grounds;
details of any previous application for a public safety order for the respondent and the outcome of the application;
that the respondent may file a response to the application under section 26 .
The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
The application, with any accompanying affidavit, must—
be filed; and
on filing, state as the return date a day within 35 days after the filing; and
after being filed, be served by a police officer on the respondent—
by personal service within 7 business days after the filing; or
if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
An application for an extension of a public safety order may only be made within 2 months before the order ends.
s 25 ins 2016 No. 62 s 267
(sec.25-ssec.1) A senior police officer may apply to a court for, or for the extension of, a public safety order under this division for a person or a group of persons (the respondent ).
(sec.25-ssec.2) A reference in this division to a respondent, if the respondent is a group of persons, is a reference to the members generally of the group.
(sec.25-ssec.3) The application must state the following— details sufficient to identify the respondent; the grounds on which the order, or extension, is sought, being grounds mentioned in section 27 to the extent they are relevant to the application; the information supporting the grounds; details of any previous application for a public safety order for the respondent and the outcome of the application; that the respondent may file a response to the application under section 26 .
(sec.25-ssec.4) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
(sec.25-ssec.5) The application, with any accompanying affidavit, must— be filed; and on filing, state as the return date a day within 35 days after the filing; and after being filed, be served by a police officer on the respondent— by personal service within 7 business days after the filing; or if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
(sec.25-ssec.6) An application for an extension of a public safety order may only be made within 2 months before the order ends.
(a) details sufficient to identify the respondent;
(b) the grounds on which the order, or extension, is sought, being grounds mentioned in section 27 to the extent they are relevant to the application;
(c) the information supporting the grounds;
(d) details of any previous application for a public safety order for the respondent and the outcome of the application;
(e) that the respondent may file a response to the application under section 26 .
(a) be filed; and
(b) on filing, state as the return date a day within 35 days after the filing; and
(c) after being filed, be served by a police officer on the respondent— (i) by personal service within 7 business days after the filing; or (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
(i) by personal service within 7 business days after the filing; or
(ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
(i) by personal service within 7 business days after the filing; or
(ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
sec.26
Response by respondent
sec.26 Response by respondent
The respondent may file a response to the application.
The response must state—
the facts relied on by the respondent in response to the application; and
the nature of the response in relation to each order sought by the senior police officer.
The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.
The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.
s 26 ins 2016 No. 62 s 267
(sec.26-ssec.1) The respondent may file a response to the application.
(sec.26-ssec.2) The response must state— the facts relied on by the respondent in response to the application; and the nature of the response in relation to each order sought by the senior police officer.
(sec.26-ssec.3) The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.
(sec.26-ssec.4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.
(a) the facts relied on by the respondent in response to the application; and
(b) the nature of the response in relation to each order sought by the senior police officer.
sec.27
Court may make public safety order
sec.27 Court may make public safety order
The court may make, or extend, a public safety order for the respondent if the court is satisfied—
the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and
making or extending the order is appropriate in the circumstances.
In considering whether or not to make or extend the order, the court must have regard to the following—
the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;
whether the respondent is or has been a participant in a criminal organisation or the subject of a control order;
whether the respondent associates, or has associated with—
a participant in a criminal organisation; or
a person who is the subject of a control order; or
a recognised offender; or
an associate of a recognised offender;
if advocacy, protest, dissent or industrial action is the likely reason for the respondent being present at the premises or event or within the area—the public interest in maintaining freedom to participate in those activities;
whether the degree of risk involved justifies the imposition of the conditions to be stated in the order, having regard, in particular, to any legitimate reason the respondent may have for being present at the premises or event or within the area;
the extent to which making or extending the order will reduce the risk to public safety or security or effective traffic management;
the extent to which making or extending the order will assist in achieving the objects of this Act.
The court may also consider anything else the court considers relevant.
In deciding whether a respondent satisfies a matter under subsection (1) or (2) in the case of a respondent that is a group of persons, the court must consider the extent to which members of the group, as opposed to every member of the group, satisfy the matter.
The public safety order may be made or extended whether or not the respondent is present or makes submissions.
See section 25 (5) (c) for service requirements for an application to make or extend a public safety order.
s 27 ins 2016 No. 62 s 267
(sec.27-ssec.1) The court may make, or extend, a public safety order for the respondent if the court is satisfied— the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and making or extending the order is appropriate in the circumstances.
(sec.27-ssec.2) In considering whether or not to make or extend the order, the court must have regard to the following— the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security; whether the respondent is or has been a participant in a criminal organisation or the subject of a control order; whether the respondent associates, or has associated with— a participant in a criminal organisation; or a person who is the subject of a control order; or a recognised offender; or an associate of a recognised offender; if advocacy, protest, dissent or industrial action is the likely reason for the respondent being present at the premises or event or within the area—the public interest in maintaining freedom to participate in those activities; whether the degree of risk involved justifies the imposition of the conditions to be stated in the order, having regard, in particular, to any legitimate reason the respondent may have for being present at the premises or event or within the area; the extent to which making or extending the order will reduce the risk to public safety or security or effective traffic management; the extent to which making or extending the order will assist in achieving the objects of this Act.
(sec.27-ssec.3) The court may also consider anything else the court considers relevant.
(sec.27-ssec.4) In deciding whether a respondent satisfies a matter under subsection (1) or (2) in the case of a respondent that is a group of persons, the court must consider the extent to which members of the group, as opposed to every member of the group, satisfy the matter.
(sec.27-ssec.5) The public safety order may be made or extended whether or not the respondent is present or makes submissions. See section 25 (5) (c) for service requirements for an application to make or extend a public safety order.
(a) the presence of the respondent at premises or an event, or within an area, poses a serious risk to public safety or security; and
(b) making or extending the order is appropriate in the circumstances.
(a) the respondent’s criminal history and any previous behaviour of the respondent that posed a serious risk to public safety or security;
(b) whether the respondent is or has been a participant in a criminal organisation or the subject of a control order;
(c) whether the respondent associates, or has associated with— (i) a participant in a criminal organisation; or (ii) a person who is the subject of a control order; or (iii) a recognised offender; or (iv) an associate of a recognised offender;
(i) a participant in a criminal organisation; or
(ii) a person who is the subject of a control order; or
(iii) a recognised offender; or
(iv) an associate of a recognised offender;
(d) if advocacy, protest, dissent or industrial action is the likely reason for the respondent being present at the premises or event or within the area—the public interest in maintaining freedom to participate in those activities;
(e) whether the degree of risk involved justifies the imposition of the conditions to be stated in the order, having regard, in particular, to any legitimate reason the respondent may have for being present at the premises or event or within the area;
(f) the extent to which making or extending the order will reduce the risk to public safety or security or effective traffic management;
(g) the extent to which making or extending the order will assist in achieving the objects of this Act.
(i) a participant in a criminal organisation; or
(ii) a person who is the subject of a control order; or
(iii) a recognised offender; or
(iv) an associate of a recognised offender;
sec.28
Conditions
sec.28 Conditions
In making or extending a public safety order for a respondent, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making or extending the order.
Without limiting subsection (1) , a condition may prohibit the respondent from doing or attempting to do any of the following while the order is in force—
entering or remaining at stated premises;
attending or remaining at a stated event;
entering or remaining in a stated area;
doing a stated thing in a stated area.
Also, it is a condition of the order that the respondent must comply with every reasonable direction given by a police officer for the purpose of the order.
Without limiting subsection (3) , the condition under the subsection must be stated in the order.
The court may impose a condition on the order about the use by a police officer of a power under section 31 .
A public safety order does not stop the respondent from entering the respondent’s principal place of residence.
s 28 ins 2016 No. 62 s 267
(sec.28-ssec.1) In making or extending a public safety order for a respondent, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making or extending the order.
(sec.28-ssec.2) Without limiting subsection (1) , a condition may prohibit the respondent from doing or attempting to do any of the following while the order is in force— entering or remaining at stated premises; attending or remaining at a stated event; entering or remaining in a stated area; doing a stated thing in a stated area.
(sec.28-ssec.3) Also, it is a condition of the order that the respondent must comply with every reasonable direction given by a police officer for the purpose of the order.
(sec.28-ssec.4) Without limiting subsection (3) , the condition under the subsection must be stated in the order.
(sec.28-ssec.5) The court may impose a condition on the order about the use by a police officer of a power under section 31 .
(sec.28-ssec.6) A public safety order does not stop the respondent from entering the respondent’s principal place of residence.
(a) entering or remaining at stated premises;
(b) attending or remaining at a stated event;
(c) entering or remaining in a stated area;
(d) doing a stated thing in a stated area.
sec.29
Duration
sec.29 Duration
A public safety order made by a court takes effect—
when the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or
if paragraph (a) does not apply—when a police officer serves the order on the respondent.
Service under subsection (1) (b) must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.
The order served on the respondent must state that—
the respondent may appeal to the District Court against the order; and
the notice of appeal must be filed within 28 days after—
the day on which the order was made; or
for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.
A public safety order remains in force until the earlier of the following—
the day the order is revoked;
the day stated in the order, which must not be more than 6 months after the order is made.
However, if the public safety order is extended by the court, the order remains in force until the earlier of the following—
the day the order is revoked;
the day stated in the order for extension, which must not be more than 6 months after the day the order would have otherwise ended.
s 29 ins 2016 No. 62 s 267
(sec.29-ssec.1) A public safety order made by a court takes effect— when the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the order on the respondent.
(sec.29-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.
(sec.29-ssec.3) The order served on the respondent must state that— the respondent may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.
(sec.29-ssec.4) A public safety order remains in force until the earlier of the following— the day the order is revoked; the day stated in the order, which must not be more than 6 months after the order is made.
(sec.29-ssec.5) However, if the public safety order is extended by the court, the order remains in force until the earlier of the following— the day the order is revoked; the day stated in the order for extension, which must not be more than 6 months after the day the order would have otherwise ended.
(a) when the order is made, if the respondent or a legal or other representative of the respondent is present at the hearing of the application; or
(b) if paragraph (a) does not apply—when a police officer serves the order on the respondent.
(a) the respondent may appeal to the District Court against the order; and
(b) the notice of appeal must be filed within 28 days after— (i) the day on which the order was made; or (ii) for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.
(i) the day on which the order was made; or
(ii) for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.
(i) the day on which the order was made; or
(ii) for an order made in the absence of the respondent or a legal or other representative of the respondent—the day on which the order was served on the respondent.
(a) the day the order is revoked;
(b) the day stated in the order, which must not be more than 6 months after the order is made.
(a) the day the order is revoked;
(b) the day stated in the order for extension, which must not be more than 6 months after the day the order would have otherwise ended.
sec.30
Revocation or variation
sec.30 Revocation or variation
A court, at any time on application by a senior police officer, may make an order to vary or revoke a public safety order made by the court under this division.
An application must state—
the grounds on which the variation or revocation is sought; and
the information supporting the grounds on which the variation or revocation is sought.
The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
A police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.
A police officer must serve a copy of the order for the variation or revocation on the respondent as soon as practicable after the order is made.
Service of the application or order must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.
s 30 ins 2016 No. 62 s 267
(sec.30-ssec.1) A court, at any time on application by a senior police officer, may make an order to vary or revoke a public safety order made by the court under this division.
(sec.30-ssec.2) An application must state— the grounds on which the variation or revocation is sought; and the information supporting the grounds on which the variation or revocation is sought.
(sec.30-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
(sec.30-ssec.4) A police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.
(sec.30-ssec.5) A police officer must serve a copy of the order for the variation or revocation on the respondent as soon as practicable after the order is made.
(sec.30-ssec.6) Service of the application or order must be by personal service or, if personal service is not practicable or the respondent is a group of persons, by public notice.
(a) the grounds on which the variation or revocation is sought; and
(b) the information supporting the grounds on which the variation or revocation is sought.
pt.3-div.4
Police powers for enforcing public safety orders
Police powers for enforcing public safety orders
sec.31
Prevention of contravention of public safety order
sec.31 Prevention of contravention of public safety order
This section applies if a police officer reasonably suspects an offence against section 32 has been committed, is being committed, or is about to be committed in relation to a public safety order.
The police officer may exercise 1 or more of the following powers—
stop a person or group of persons for whom the order has been made from entering a public safety place;
stop, detain and search a vehicle approaching, in or leaving a public safety place—
to search for a person for whom the order has been made; or
to serve a copy of the order on a person for whom the order has been made;
remove a person or group of persons for whom the order has been made from a public safety place;
take any other steps the police officer reasonably considers necessary.
However, before exercising a power under subsection (2) , a police officer must, if it is practicable to do so, first give the person against whom the power is to be exercised a direction—
for subsection (2) (a) —not to enter the public safety place; or
for subsection (2) (c) —to leave the public safety place; or
for subsection (2) (d) —to take the step the police officer reasonably considers necessary.
A police officer may give any direction that is reasonably necessary to exercise a power under subsection (2) or (3) .
A direction given under this section is taken to be a direction given under the Police Powers and Responsibilities Act 2000 .
Failure to comply with a direction given under this section is an offence against the Police Powers and Responsibilities Act 2000 , section 791 .
A person does not commit an offence against the Police Powers and Responsibilities Act 2000 , section 791 if—
the person was directed to do something under this section; and
the court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .
In this section—
public safety place means—
premises or an area to which a public safety order applies; or
a place where an event is taking place to which a public safety order applies.
s 31 ins 2016 No. 62 s 267
(sec.31-ssec.1) This section applies if a police officer reasonably suspects an offence against section 32 has been committed, is being committed, or is about to be committed in relation to a public safety order.
(sec.31-ssec.2) The police officer may exercise 1 or more of the following powers— stop a person or group of persons for whom the order has been made from entering a public safety place; stop, detain and search a vehicle approaching, in or leaving a public safety place— to search for a person for whom the order has been made; or to serve a copy of the order on a person for whom the order has been made; remove a person or group of persons for whom the order has been made from a public safety place; take any other steps the police officer reasonably considers necessary.
(sec.31-ssec.3) However, before exercising a power under subsection (2) , a police officer must, if it is practicable to do so, first give the person against whom the power is to be exercised a direction— for subsection (2) (a) —not to enter the public safety place; or for subsection (2) (c) —to leave the public safety place; or for subsection (2) (d) —to take the step the police officer reasonably considers necessary.
(sec.31-ssec.4) A police officer may give any direction that is reasonably necessary to exercise a power under subsection (2) or (3) .
(sec.31-ssec.5) A direction given under this section is taken to be a direction given under the Police Powers and Responsibilities Act 2000 . Failure to comply with a direction given under this section is an offence against the Police Powers and Responsibilities Act 2000 , section 791 .
(sec.31-ssec.6) A person does not commit an offence against the Police Powers and Responsibilities Act 2000 , section 791 if— the person was directed to do something under this section; and the court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .
(sec.31-ssec.7) In this section— public safety place means— premises or an area to which a public safety order applies; or a place where an event is taking place to which a public safety order applies.
(a) stop a person or group of persons for whom the order has been made from entering a public safety place;
(b) stop, detain and search a vehicle approaching, in or leaving a public safety place— (i) to search for a person for whom the order has been made; or (ii) to serve a copy of the order on a person for whom the order has been made;
(i) to search for a person for whom the order has been made; or
(ii) to serve a copy of the order on a person for whom the order has been made;
(c) remove a person or group of persons for whom the order has been made from a public safety place;
(d) take any other steps the police officer reasonably considers necessary.
(i) to search for a person for whom the order has been made; or
(ii) to serve a copy of the order on a person for whom the order has been made;
(a) for subsection (2) (a) —not to enter the public safety place; or
(b) for subsection (2) (c) —to leave the public safety place; or
(c) for subsection (2) (d) —to take the step the police officer reasonably considers necessary.
(a) the person was directed to do something under this section; and
(b) the court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .
(a) premises or an area to which a public safety order applies; or
(b) a place where an event is taking place to which a public safety order applies.
pt.3-div.5
Offence
Offence
sec.32
Contravention of public safety order
sec.32 Contravention of public safety order
A person who, without reasonable excuse, knowingly contravenes a public safety order made for the person, or a group of persons of which the person is a member, commits a misdemeanour.
Maximum penalty—300 penalty units or 3 years imprisonment.
A person knowingly contravenes a public safety order if the person does an act or makes an omission the person knows, or ought reasonably to know, is a contravention of the public safety order.
s 32 ins 2016 No. 62 s 267
(sec.32-ssec.1) A person who, without reasonable excuse, knowingly contravenes a public safety order made for the person, or a group of persons of which the person is a member, commits a misdemeanour. Maximum penalty—300 penalty units or 3 years imprisonment.
(sec.32-ssec.2) A person knowingly contravenes a public safety order if the person does an act or makes an omission the person knows, or ought reasonably to know, is a contravention of the public safety order.
pt.4
Restricted premises orders
Restricted premises orders
pt.4-div.1
Preliminary
Preliminary
sec.33
Definitions for part
sec.33 Definitions for part
In this part—
criminal activity means conduct that involves the commission of an offence.
s 33 def criminal activity ins 2020 No. 15 s 158 (1)
disorderly activity , at premises, means—
drunkenness, disorderly or indecent conduct, or entertainment of a demoralising character, at the premises; or
criminal activity at the premises that is likely to pose a risk to the safety of a member of the public; or
the unlawful supply of liquor or drugs from the premises; or
the unlawful possession at, or supply from, the premises of firearms or explosives; or
the presence of any of the following at the premises—
recognised offenders;
associates of recognised offenders;
persons subject to a control order; or
the participation of any of the following in the control or management of the premises—
recognised offenders;
associates of recognised offenders;
persons subject to a control order; or
the existence of fortification of the premises that is excessive for lawful use of that type of premises.
s 33 def disorderly activity amd 2020 No. 15 s 158 (2) – (3)
prescribed place means a place prescribed by regulation under section 41 .
prohibited item means—
liquor; or
drugs; or
a firearm; or
an explosive; or
any drinking glass, vessel or container that is used or is capable of being used for or in connection with the storage, supply or consumption of liquor or drugs; or
any thing that is used or is capable of being used inside premises to contribute to or enhance the ambience of the premises in support of the sale or consumption of liquor or drugs, or entertainment of a demoralising character, at the premises; or
a bar fitout
a music, entertainment, gaming or lighting system
a pool or billiard table or darts board
a dance floor or stage
a stripper’s pole
fortification of premises that is excessive for lawful use of that type of premises.
respondent —
to an application for a restricted premises order—see section 35 (1) ; or
to an application for an extension order—see section 44 (1) .
restricted premises means—
premises for which a restricted premises order is in force; or
a prescribed place taken to be restricted premises under division 3 .
s 33 ins 2016 No. 62 s 267
(a) drunkenness, disorderly or indecent conduct, or entertainment of a demoralising character, at the premises; or
(b) criminal activity at the premises that is likely to pose a risk to the safety of a member of the public; or
(c) the unlawful supply of liquor or drugs from the premises; or
(d) the unlawful possession at, or supply from, the premises of firearms or explosives; or
(e) the presence of any of the following at the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order; or
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order; or
(f) the participation of any of the following in the control or management of the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order; or
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order; or
(g) the existence of fortification of the premises that is excessive for lawful use of that type of premises.
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order; or
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order; or
(a) liquor; or
(b) drugs; or
(c) a firearm; or
(d) an explosive; or
(e) any drinking glass, vessel or container that is used or is capable of being used for or in connection with the storage, supply or consumption of liquor or drugs; or
(f) any thing that is used or is capable of being used inside premises to contribute to or enhance the ambience of the premises in support of the sale or consumption of liquor or drugs, or entertainment of a demoralising character, at the premises; or Examples of things used in support of the sale or consumption of liquor or drugs— • a bar fitout • a music, entertainment, gaming or lighting system • a pool or billiard table or darts board • a dance floor or stage Examples of things used in support of entertainment of a demoralising character— • a stripper’s pole
• a bar fitout
• a music, entertainment, gaming or lighting system
• a pool or billiard table or darts board
• a dance floor or stage
• a stripper’s pole
(g) fortification of premises that is excessive for lawful use of that type of premises.
• a bar fitout
• a music, entertainment, gaming or lighting system
• a pool or billiard table or darts board
• a dance floor or stage
• a stripper’s pole
(a) to an application for a restricted premises order—see section 35 (1) ; or
(b) to an application for an extension order—see section 44 (1) .
(a) premises for which a restricted premises order is in force; or
(b) a prescribed place taken to be restricted premises under division 3 .
pt.4-div.2
Making of orders
Making of orders
sec.34
Senior police officer may apply for restricted premises order
sec.34 Senior police officer may apply for restricted premises order
A senior police officer may apply to a court for a restricted premises order for stated premises, other than licensed premises.
The application must state the following—
details sufficient to identify the premises;
details sufficient to identify the owner and occupier of the premises;
the grounds on which the order is sought, being grounds mentioned in section 36 to the extent they are relevant to the application;
the information supporting the grounds;
details of any previous application for a restricted premises order in relation to—
the premises mentioned in paragraph (a) ; or
an owner or occupier mentioned in paragraph (b) ;
that an owner or occupier of the premises may file a response to the application under section 35 .
The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
The application, with any accompanying affidavit, must—
be filed; and
on filing, state as the return date a day within 35 days after the filing; and
after being filed, be served by a police officer on the respondent—
by personal service within 7 business days after the filing; or
if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
In this section—
licensed premises see the Liquor Act 1992 , section 4 .
s 34 ins 2016 No. 62 s 267
(sec.34-ssec.1) A senior police officer may apply to a court for a restricted premises order for stated premises, other than licensed premises.
(sec.34-ssec.2) The application must state the following— details sufficient to identify the premises; details sufficient to identify the owner and occupier of the premises; the grounds on which the order is sought, being grounds mentioned in section 36 to the extent they are relevant to the application; the information supporting the grounds; details of any previous application for a restricted premises order in relation to— the premises mentioned in paragraph (a) ; or an owner or occupier mentioned in paragraph (b) ; that an owner or occupier of the premises may file a response to the application under section 35 .
(sec.34-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
(sec.34-ssec.4) The application, with any accompanying affidavit, must— be filed; and on filing, state as the return date a day within 35 days after the filing; and after being filed, be served by a police officer on the respondent— by personal service within 7 business days after the filing; or if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
(sec.34-ssec.5) In this section— licensed premises see the Liquor Act 1992 , section 4 .
(a) details sufficient to identify the premises;
(b) details sufficient to identify the owner and occupier of the premises;
(c) the grounds on which the order is sought, being grounds mentioned in section 36 to the extent they are relevant to the application;
(d) the information supporting the grounds;
(e) details of any previous application for a restricted premises order in relation to— (i) the premises mentioned in paragraph (a) ; or (ii) an owner or occupier mentioned in paragraph (b) ;
(i) the premises mentioned in paragraph (a) ; or
(ii) an owner or occupier mentioned in paragraph (b) ;
(f) that an owner or occupier of the premises may file a response to the application under section 35 .
(i) the premises mentioned in paragraph (a) ; or
(ii) an owner or occupier mentioned in paragraph (b) ;
(a) be filed; and
(b) on filing, state as the return date a day within 35 days after the filing; and
(c) after being filed, be served by a police officer on the respondent— (i) by personal service within 7 business days after the filing; or (ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
(i) by personal service within 7 business days after the filing; or
(ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
(i) by personal service within 7 business days after the filing; or
(ii) if personal service is not practicable or the respondent is a group of persons, by public notice within 10 days after the filing.
sec.35
Response by owner or occupier
sec.35 Response by owner or occupier
An owner or occupier of premises for which a restricted premises order is sought (the respondent ) may file a response to the application.
The response must state—
the facts relied on by the respondent in response to the application; and
the nature of the response in relation to each order sought by the senior police officer.
The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.
The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.
s 35 ins 2016 No. 62 s 267
(sec.35-ssec.1) An owner or occupier of premises for which a restricted premises order is sought (the respondent ) may file a response to the application.
(sec.35-ssec.2) The response must state— the facts relied on by the respondent in response to the application; and the nature of the response in relation to each order sought by the senior police officer.
(sec.35-ssec.3) The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.
(sec.35-ssec.4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.
(a) the facts relied on by the respondent in response to the application; and
(b) the nature of the response in relation to each order sought by the senior police officer.
sec.36
Court may make restricted premises order
sec.36 Court may make restricted premises order
The court may make a restricted premises order for stated premises if the court is satisfied—
a senior police officer reasonably suspects that 1 or more disorderly activities have taken place at the premises and are likely to take place again at the premises; and
making the order is appropriate in the circumstances.
In considering whether or not to make the order, the court must have regard to the following—
the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;
the extent to which disorderly activities habitually take place at the premises;
the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;
the extent to which making the order will assist in achieving the objects of this Act.
The court may also consider anything else the court considers relevant.
The restricted premises order may be made whether or not an owner or occupier of the premises is present or makes submissions.
See section 34 (4) (c) for service requirements for an application to make a restricted premises order.
s 36 ins 2016 No. 62 s 267
(sec.36-ssec.1) The court may make a restricted premises order for stated premises if the court is satisfied— a senior police officer reasonably suspects that 1 or more disorderly activities have taken place at the premises and are likely to take place again at the premises; and making the order is appropriate in the circumstances.
(sec.36-ssec.2) In considering whether or not to make the order, the court must have regard to the following— the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise; the extent to which disorderly activities habitually take place at the premises; the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises; the extent to which making the order will assist in achieving the objects of this Act.
(sec.36-ssec.3) The court may also consider anything else the court considers relevant.
(sec.36-ssec.4) The restricted premises order may be made whether or not an owner or occupier of the premises is present or makes submissions. See section 34 (4) (c) for service requirements for an application to make a restricted premises order.
(a) a senior police officer reasonably suspects that 1 or more disorderly activities have taken place at the premises and are likely to take place again at the premises; and
(b) making the order is appropriate in the circumstances.
(a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;
(b) the extent to which disorderly activities habitually take place at the premises;
(c) the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;
(d) the extent to which making the order will assist in achieving the objects of this Act.
sec.37
Conditions
sec.37 Conditions
In making a restricted premises order, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making the order.
Without limiting subsection (1) , a condition must prohibit the following—
disorderly activities taking place at the premises;
any of the following being present at the premises—
recognised offenders;
associates of recognised offenders;
persons subject to a control order;
any of the following taking part in the management or control of the premises—
recognised offenders;
associates of recognised offenders;
persons subject to a control order;
the existence of any fortification of the premises that is excessive for lawful use of that type of premises.
A restricted premises order does not stop the respondent from entering the respondent’s principal place of residence.
s 37 ins 2016 No. 62 s 267
(sec.37-ssec.1) In making a restricted premises order, the court may impose the conditions on the respondent that the court considers necessary having regard to the grounds for making the order.
(sec.37-ssec.2) Without limiting subsection (1) , a condition must prohibit the following— disorderly activities taking place at the premises; any of the following being present at the premises— recognised offenders; associates of recognised offenders; persons subject to a control order; any of the following taking part in the management or control of the premises— recognised offenders; associates of recognised offenders; persons subject to a control order; the existence of any fortification of the premises that is excessive for lawful use of that type of premises.
(sec.37-ssec.3) A restricted premises order does not stop the respondent from entering the respondent’s principal place of residence.
(a) disorderly activities taking place at the premises;
(b) any of the following being present at the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order;
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order;
(c) any of the following taking part in the management or control of the premises— (i) recognised offenders; (ii) associates of recognised offenders; (iii) persons subject to a control order;
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order;
(d) the existence of any fortification of the premises that is excessive for lawful use of that type of premises.
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order;
(i) recognised offenders;
(ii) associates of recognised offenders;
(iii) persons subject to a control order;
sec.38
Duration
sec.38 Duration
A restricted premises order takes effect—
when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or
if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises.
Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice.
The order served on the owner or occupier must state that—
the owner or occupier may appeal to the District Court against the order; and
the notice of appeal must be filed within 28 days after—
the day on which the order was made; or
for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
A restricted premises order remains in force until the earlier of the following—
the order is revoked;
the day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made.
s 38 ins 2016 No. 62 s 267
(sec.38-ssec.1) A restricted premises order takes effect— when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises.
(sec.38-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice.
(sec.38-ssec.3) The order served on the owner or occupier must state that— the owner or occupier may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(sec.38-ssec.4) A restricted premises order remains in force until the earlier of the following— the order is revoked; the day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made.
(a) when the order is made, if an owner or occupier of the premises, or a legal or other representative of an owner or occupier of the premises is present at the hearing of the application; or
(b) if paragraph (a) does not apply—when a police officer serves the order on an owner or occupier of the premises.
(a) the owner or occupier may appeal to the District Court against the order; and
(b) the notice of appeal must be filed within 28 days after— (i) the day on which the order was made; or (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(i) the day on which the order was made; or
(ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(i) the day on which the order was made; or
(ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(a) the order is revoked;
(b) the day stated in the order, which must be at least 6 months, and not more than 2 years, after the order is made.
sec.39
Revocation or variation
sec.39 Revocation or variation
A court, at any time on application by a senior police officer, may make an order to vary or revoke a restricted premises order.
An application must state—
the grounds on which the variation or revocation is sought; and
the information supporting the grounds on which the variation or revocation is sought.
The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
A police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.
A police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the premises as soon as practicable after the order is made.
Service of the application or order must be by personal service or, if personal service is not practicable, by public notice.
s 39 ins 2016 No. 62 s 267
(sec.39-ssec.1) A court, at any time on application by a senior police officer, may make an order to vary or revoke a restricted premises order.
(sec.39-ssec.2) An application must state— the grounds on which the variation or revocation is sought; and the information supporting the grounds on which the variation or revocation is sought.
(sec.39-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
(sec.39-ssec.4) A police officer must serve a copy of the application, with any accompanying affidavit, on the respondent.
(sec.39-ssec.5) A police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the premises as soon as practicable after the order is made.
(sec.39-ssec.6) Service of the application or order must be by personal service or, if personal service is not practicable, by public notice.
(a) the grounds on which the variation or revocation is sought; and
(b) the information supporting the grounds on which the variation or revocation is sought.
pt.4-div.3
Prescribed places
Prescribed places
sec.40
Definitions for division
sec.40 Definitions for division
In this division—
extended period see section 43 (1) .
extension order see section 43 (1) .
initial period see section 42 (1) .
s 40 ins 2016 No. 62 s 267
sec.41
Regulation-making power for prescribed places
sec.41 Regulation-making power for prescribed places
A regulation may prescribe a place as a prescribed place for the purposes of this division.
A regulation made under subsection (1) after the commencement—
may omit a place prescribed by regulation on commencement; and
must not prescribe a place that was not prescribed by regulation on commencement.
s 41 ins 2016 No. 62 s 267
(sec.41-ssec.1) A regulation may prescribe a place as a prescribed place for the purposes of this division.
(sec.41-ssec.2) A regulation made under subsection (1) after the commencement— may omit a place prescribed by regulation on commencement; and must not prescribe a place that was not prescribed by regulation on commencement.
(a) may omit a place prescribed by regulation on commencement; and
(b) must not prescribe a place that was not prescribed by regulation on commencement.
sec.42
Prescribed place taken to be restricted premises for 2 years
sec.42 Prescribed place taken to be restricted premises for 2 years
A prescribed place is taken to be restricted premises for 2 years starting on the commencement (the initial period ).
For section 54 —
the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the commencement; and
the restricted premises order mentioned in paragraph (a) is taken to remain in force for the initial period.
To remove any doubt, if a regulation made under section 41 (1) after the commencement omits a place prescribed by regulation on commencement, the place stops being a prescribed place.
s 42 ins 2016 No. 62 s 267
(sec.42-ssec.1) A prescribed place is taken to be restricted premises for 2 years starting on the commencement (the initial period ).
(sec.42-ssec.2) For section 54 — the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the commencement; and the restricted premises order mentioned in paragraph (a) is taken to remain in force for the initial period.
(sec.42-ssec.3) To remove any doubt, if a regulation made under section 41 (1) after the commencement omits a place prescribed by regulation on commencement, the place stops being a prescribed place.
(a) the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the commencement; and
(b) the restricted premises order mentioned in paragraph (a) is taken to remain in force for the initial period.
sec.43
Extension of initial period
sec.43 Extension of initial period
A senior police officer may apply to a court for an order (an extension order ) that a prescribed place be taken to be restricted premises for a further stated period of at least 6 months and not more than 2 years (the extended period ).
The application must be made at least 1 year after the commencement and at least 2 months before the end of the initial period or the immediately preceding extended period.
The application must state—
the grounds on which the extension order is sought; and
the information supporting the grounds on which the extension order is sought.
The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
The application, with any accompanying affidavit, must—
be filed; and
on filing, state as the return date a day within 35 days after the filing; and
after being filed, be served by a police officer on the respondent within 10 days after the filing.
Service under subsection (5) (c) must be by personal service or, if personal service is not practicable, by public notice.
To remove any doubt, it is declared that a senior police officer may make an application under subsection (1) from time to time as occasion requires.
s 43 ins 2016 No. 62 s 267
(sec.43-ssec.1) A senior police officer may apply to a court for an order (an extension order ) that a prescribed place be taken to be restricted premises for a further stated period of at least 6 months and not more than 2 years (the extended period ).
(sec.43-ssec.2) The application must be made at least 1 year after the commencement and at least 2 months before the end of the initial period or the immediately preceding extended period.
(sec.43-ssec.3) The application must state— the grounds on which the extension order is sought; and the information supporting the grounds on which the extension order is sought.
(sec.43-ssec.4) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
(sec.43-ssec.5) The application, with any accompanying affidavit, must— be filed; and on filing, state as the return date a day within 35 days after the filing; and after being filed, be served by a police officer on the respondent within 10 days after the filing.
(sec.43-ssec.6) Service under subsection (5) (c) must be by personal service or, if personal service is not practicable, by public notice.
(sec.43-ssec.7) To remove any doubt, it is declared that a senior police officer may make an application under subsection (1) from time to time as occasion requires.
(a) the grounds on which the extension order is sought; and
(b) the information supporting the grounds on which the extension order is sought.
(a) be filed; and
(b) on filing, state as the return date a day within 35 days after the filing; and
(c) after being filed, be served by a police officer on the respondent within 10 days after the filing.
sec.44
Response by owner or occupier
sec.44 Response by owner or occupier
An owner or occupier of premises for which an extension order is sought (the respondent ) may file a response to the application.
The response must state—
the facts relied on by the respondent in response to the application; and
the nature of the response in relation to each order sought by the senior police officer.
The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.
The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.
s 44 ins 2016 No. 62 s 267
(sec.44-ssec.1) An owner or occupier of premises for which an extension order is sought (the respondent ) may file a response to the application.
(sec.44-ssec.2) The response must state— the facts relied on by the respondent in response to the application; and the nature of the response in relation to each order sought by the senior police officer.
(sec.44-ssec.3) The respondent must file the response, and serve it on the senior police officer, at least 5 business days before the return date.
(sec.44-ssec.4) The response must be accompanied by any affidavit the respondent intends to rely on at the hearing of the application.
(a) the facts relied on by the respondent in response to the application; and
(b) the nature of the response in relation to each order sought by the senior police officer.
sec.45
Court may make extension order
sec.45 Court may make extension order
The court must make an extension order for a prescribed place if the court is satisfied—
1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and
if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and
making the order is appropriate in the circumstances.
In considering whether or not to make the extension order, the court must have regard to the following—
the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;
the extent to which disorderly activities habitually take place at the premises;
the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;
the extent to which making the order will assist in achieving the objects of this Act.
The court may also consider anything else the court considers relevant.
The extension order may be made whether or not an owner or occupier of the premises is present or makes submissions.
See section 43 (5) (c) for service requirements for an application to make an extension order.
s 45 ins 2016 No. 62 s 267
(sec.45-ssec.1) The court must make an extension order for a prescribed place if the court is satisfied— 1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and making the order is appropriate in the circumstances.
(sec.45-ssec.2) In considering whether or not to make the extension order, the court must have regard to the following— the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise; the extent to which disorderly activities habitually take place at the premises; the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises; the extent to which making the order will assist in achieving the objects of this Act.
(sec.45-ssec.3) The court may also consider anything else the court considers relevant.
(sec.45-ssec.4) The extension order may be made whether or not an owner or occupier of the premises is present or makes submissions. See section 43 (5) (c) for service requirements for an application to make an extension order.
(a) 1 or more disorderly activities have taken place at the premises, whether before or after the commencement; and
(b) if the court did not grant the order, 1 or more disorderly activities would be likely to take place again at the premises; and
(c) making the order is appropriate in the circumstances.
(a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;
(b) the extent to which disorderly activities habitually take place at the premises;
(c) the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;
(d) the extent to which making the order will assist in achieving the objects of this Act.
sec.46
Effect of extension order
sec.46 Effect of extension order
If a court makes an extension order for a prescribed place, the prescribed place is taken to continue to be restricted premises for the extended period.
For section 54 —
the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the day on which the owner or occupier was served with the extension order; and
the restricted premises order mentioned in paragraph (a) is taken to remain in force for the extended period.
s 46 ins 2016 No. 62 s 267
(sec.46-ssec.1) If a court makes an extension order for a prescribed place, the prescribed place is taken to continue to be restricted premises for the extended period.
(sec.46-ssec.2) For section 54 — the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the day on which the owner or occupier was served with the extension order; and the restricted premises order mentioned in paragraph (a) is taken to remain in force for the extended period.
(a) the owner or occupier of the prescribed place is taken to have been served with a restricted premises order for the prescribed place, including the condition mentioned in section 37 (2) , on the day on which the owner or occupier was served with the extension order; and
(b) the restricted premises order mentioned in paragraph (a) is taken to remain in force for the extended period.
sec.47
Duration
sec.47 Duration
An extension order takes effect—
when the order is made, if an owner or occupier of the prescribed place, or a legal or other representative of an owner or occupier of the prescribed place is present at the hearing of the application; or
if paragraph (a) does not apply—when a police officer serves the extension order on an owner or occupier of the prescribed place.
Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice, within 28 days before the end of the initial period.
The order served on the owner or occupier must state—
that the owner or occupier may appeal to the District Court against the order; and
the notice of appeal must be filed within 28 days after—
the day on which the order was made; or
for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
An extension order for a prescribed place remains in force until the earlier of the following—
the day the order is revoked;
the day stated in the order, which must be at least 6 months, and not more than 2 years after, the end of the initial period for the prescribed premises;
the day the place stops being a prescribed place.
s 47 ins 2016 No. 62 s 267
(sec.47-ssec.1) An extension order takes effect— when the order is made, if an owner or occupier of the prescribed place, or a legal or other representative of an owner or occupier of the prescribed place is present at the hearing of the application; or if paragraph (a) does not apply—when a police officer serves the extension order on an owner or occupier of the prescribed place.
(sec.47-ssec.2) Service under subsection (1) (b) must be by personal service or, if personal service is not practicable, by public notice, within 28 days before the end of the initial period.
(sec.47-ssec.3) The order served on the owner or occupier must state— that the owner or occupier may appeal to the District Court against the order; and the notice of appeal must be filed within 28 days after— the day on which the order was made; or for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(sec.47-ssec.4) An extension order for a prescribed place remains in force until the earlier of the following— the day the order is revoked; the day stated in the order, which must be at least 6 months, and not more than 2 years after, the end of the initial period for the prescribed premises; the day the place stops being a prescribed place.
(a) when the order is made, if an owner or occupier of the prescribed place, or a legal or other representative of an owner or occupier of the prescribed place is present at the hearing of the application; or
(b) if paragraph (a) does not apply—when a police officer serves the extension order on an owner or occupier of the prescribed place.
(a) that the owner or occupier may appeal to the District Court against the order; and
(b) the notice of appeal must be filed within 28 days after— (i) the day on which the order was made; or (ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(i) the day on which the order was made; or
(ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(i) the day on which the order was made; or
(ii) for an order made in the absence of an owner or occupier or a legal or other representative of an owner or occupier—the day on which the order was served on the owner or occupier.
(a) the day the order is revoked;
(b) the day stated in the order, which must be at least 6 months, and not more than 2 years after, the end of the initial period for the prescribed premises;
(c) the day the place stops being a prescribed place.
sec.48
Revocation or variation
sec.48 Revocation or variation
The court, at any time on application by a senior police officer, may make an order to vary or revoke an extension order for a prescribed place.
An application must state—
the grounds on which the variation or revocation is sought; and
the information supporting the grounds on which the variation or revocation is sought.
The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
A police officer must serve a copy of the application, with any accompanying affidavit, on an owner or occupier of the prescribed place.
A police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the prescribed place as soon as practicable after the order is made.
Service of the application or order must be by personal service or, if personal service is not practicable, by public notice.
s 48 ins 2016 No. 62 s 267
(sec.48-ssec.1) The court, at any time on application by a senior police officer, may make an order to vary or revoke an extension order for a prescribed place.
(sec.48-ssec.2) An application must state— the grounds on which the variation or revocation is sought; and the information supporting the grounds on which the variation or revocation is sought.
(sec.48-ssec.3) The application must be accompanied by any affidavit the senior police officer intends to rely on at the hearing of the application.
(sec.48-ssec.4) A police officer must serve a copy of the application, with any accompanying affidavit, on an owner or occupier of the prescribed place.
(sec.48-ssec.5) A police officer must serve a copy of the order for the variation or revocation on an owner or occupier of the prescribed place as soon as practicable after the order is made.
(sec.48-ssec.6) Service of the application or order must be by personal service or, if personal service is not practicable, by public notice.
(a) the grounds on which the variation or revocation is sought; and
(b) the information supporting the grounds on which the variation or revocation is sought.
pt.4-div.4
Police powers for enforcing restricted premises orders
Police powers for enforcing restricted premises orders
sec.49
Searching restricted premises without warrant
sec.49 Searching restricted premises without warrant
It is lawful for a police officer to exercise the following powers in relation to restricted premises without a search warrant—
power to enter the restricted premises and to stay on the restricted premises for the time reasonably necessary to exercise the powers mentioned in paragraphs (b) to (f) ;
power to search the restricted premises for—
a prohibited item; or
anything that may be evidence of the commission of an offence;
power to seize from the restricted premises—
a prohibited item; or
anything that may be evidence of the commission of an offence;
power to open anything that is locked;
power to search any person found at the premises for anything mentioned in paragraph (c) that can be concealed on the person;
power to photograph any thing that may be evidence of disorderly activities taking place at the restricted premises.
To remove any doubt, it is declared that a power mentioned in subsection (1) may be exercised from time to time as occasion requires.
s 49 ins 2016 No. 62 s 267
(sec.49-ssec.1) It is lawful for a police officer to exercise the following powers in relation to restricted premises without a search warrant— power to enter the restricted premises and to stay on the restricted premises for the time reasonably necessary to exercise the powers mentioned in paragraphs (b) to (f) ; power to search the restricted premises for— a prohibited item; or anything that may be evidence of the commission of an offence; power to seize from the restricted premises— a prohibited item; or anything that may be evidence of the commission of an offence; power to open anything that is locked; power to search any person found at the premises for anything mentioned in paragraph (c) that can be concealed on the person; power to photograph any thing that may be evidence of disorderly activities taking place at the restricted premises.
(sec.49-ssec.2) To remove any doubt, it is declared that a power mentioned in subsection (1) may be exercised from time to time as occasion requires.
(a) power to enter the restricted premises and to stay on the restricted premises for the time reasonably necessary to exercise the powers mentioned in paragraphs (b) to (f) ;
(b) power to search the restricted premises for— (i) a prohibited item; or (ii) anything that may be evidence of the commission of an offence;
(i) a prohibited item; or
(ii) anything that may be evidence of the commission of an offence;
(c) power to seize from the restricted premises— (i) a prohibited item; or (ii) anything that may be evidence of the commission of an offence;
(i) a prohibited item; or
(ii) anything that may be evidence of the commission of an offence;
(d) power to open anything that is locked;
(e) power to search any person found at the premises for anything mentioned in paragraph (c) that can be concealed on the person;
(f) power to photograph any thing that may be evidence of disorderly activities taking place at the restricted premises.
(i) a prohibited item; or
(ii) anything that may be evidence of the commission of an offence;
(i) a prohibited item; or
(ii) anything that may be evidence of the commission of an offence;
pt.4-div.5
Applications for return of prohibited items
Applications for return of prohibited items
sec.50
Application to court by owner for return of prohibited item
sec.50 Application to court by owner for return of prohibited item
This section applies if a police officer seizes a prohibited item from—
restricted premises in the exercise of powers under section 49 ; or
premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act.
A person who claims to have a legal or equitable interest in the prohibited item may, within 21 days after its seizure, apply to a court for an order that the item be returned to—
the person (the applicant ); or
someone else named in the application as the person to whom the item may be delivered (the nominee ).
The applicant must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application—
the commissioner;
anyone else the person reasonably believes has a legal or equitable interest in the item.
In this section—
prohibited item does not include an item that is—
evidence of the commission of an offence; or
forfeited to the State under an Act.
s 50 ins 2016 No. 62 s 267
(sec.50-ssec.1) This section applies if a police officer seizes a prohibited item from— restricted premises in the exercise of powers under section 49 ; or premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act.
(sec.50-ssec.2) A person who claims to have a legal or equitable interest in the prohibited item may, within 21 days after its seizure, apply to a court for an order that the item be returned to— the person (the applicant ); or someone else named in the application as the person to whom the item may be delivered (the nominee ).
(sec.50-ssec.3) The applicant must give each of the following a copy of the application and notice of the day, time and place fixed for hearing the application— the commissioner; anyone else the person reasonably believes has a legal or equitable interest in the item.
(sec.50-ssec.4) In this section— prohibited item does not include an item that is— evidence of the commission of an offence; or forfeited to the State under an Act.
(a) restricted premises in the exercise of powers under section 49 ; or
(b) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act.
(a) the person (the applicant ); or
(b) someone else named in the application as the person to whom the item may be delivered (the nominee ).
(a) the commissioner;
(b) anyone else the person reasonably believes has a legal or equitable interest in the item.
(a) evidence of the commission of an offence; or
(b) forfeited to the State under an Act.
sec.51
Court may order return of prohibited item
sec.51 Court may order return of prohibited item
The court may order that the prohibited item be returned to the applicant or the nominee on the conditions, if any, the court considers appropriate if satisfied—
the applicant may lawfully possess the item; and
for a prohibited item seized from restricted premises—the seizure was not lawful under section 49 ; and
for a prohibited item seized from premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) —the disorderly activities forming the grounds on which the warrant was sought were not taking place at the premises; and
it is appropriate that the item be returned to the applicant or nominee.
If the court proposes to order that the prohibited item be returned to the nominee, the court must also be satisfied that the nominee may lawfully possess the item.
The court must not order the return of a prohibited item to the applicant or the nominee if the court is satisfied the item—
may be evidence in a proceeding relating to the item; or
is a thing used in or for manufacturing a dangerous drug; or
may be subject to a confiscation proceeding.
In this section—
applicant see section 50 (2) (a) .
confiscation proceeding means a proceeding for an order under the Criminal Proceeds Confiscation Act 2002.
nominee see section 50 (2) (b) .
s 51 ins 2016 No. 62 s 267
(sec.51-ssec.1) The court may order that the prohibited item be returned to the applicant or the nominee on the conditions, if any, the court considers appropriate if satisfied— the applicant may lawfully possess the item; and for a prohibited item seized from restricted premises—the seizure was not lawful under section 49 ; and for a prohibited item seized from premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) —the disorderly activities forming the grounds on which the warrant was sought were not taking place at the premises; and it is appropriate that the item be returned to the applicant or nominee.
(sec.51-ssec.2) If the court proposes to order that the prohibited item be returned to the nominee, the court must also be satisfied that the nominee may lawfully possess the item.
(sec.51-ssec.3) The court must not order the return of a prohibited item to the applicant or the nominee if the court is satisfied the item— may be evidence in a proceeding relating to the item; or is a thing used in or for manufacturing a dangerous drug; or may be subject to a confiscation proceeding.
(sec.51-ssec.4) In this section— applicant see section 50 (2) (a) . confiscation proceeding means a proceeding for an order under the Criminal Proceeds Confiscation Act 2002. nominee see section 50 (2) (b) .
(a) the applicant may lawfully possess the item; and
(b) for a prohibited item seized from restricted premises—the seizure was not lawful under section 49 ; and
(c) for a prohibited item seized from premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) —the disorderly activities forming the grounds on which the warrant was sought were not taking place at the premises; and
(d) it is appropriate that the item be returned to the applicant or nominee.
(a) may be evidence in a proceeding relating to the item; or
(b) is a thing used in or for manufacturing a dangerous drug; or
(c) may be subject to a confiscation proceeding.
pt.4-div.6
Forfeiture of prohibited items
Forfeiture of prohibited items
sec.52
Application of division
sec.52 Application of division
This division applies if—
a police officer seizes a prohibited item from—
restricted premises in the exercise of powers under section 49 ; or
premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and
either—
an application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or
a magistrate has refused to return the prohibited item under section 51 .
s 52 ins 2016 No. 62 s 267
(a) a police officer seizes a prohibited item from— (i) restricted premises in the exercise of powers under section 49 ; or (ii) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and
(i) restricted premises in the exercise of powers under section 49 ; or
(ii) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and
(b) either— (i) an application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or (ii) a magistrate has refused to return the prohibited item under section 51 .
(i) an application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or
(ii) a magistrate has refused to return the prohibited item under section 51 .
(i) restricted premises in the exercise of powers under section 49 ; or
(ii) premises the subject of a search warrant applied for under the Police Powers and Responsibilities Act 2000 , section 150 (1) (e) in exercise of powers under section 157 (1) (h) of that Act; and
(i) an application under division 5 for the return of the prohibited item has not been made within 21 days after the item was seized; or
(ii) a magistrate has refused to return the prohibited item under section 51 .
sec.53
Forfeiture of prohibited item
sec.53 Forfeiture of prohibited item
The commissioner may forfeit the prohibited item to the State.
On the forfeiture, the prohibited item—
becomes the property of the State; and
may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.
Without limiting subsection (2) , the commissioner may destroy or dispose of the prohibited item.
Subsections (5) and (6) apply if the commissioner proposes to sell the prohibited item.
The sale must be by auction.
The proceeds of the sale must be applied in the following order—
first, in meeting the expenses of the sale;
second, in meeting any reasonable costs incurred in—
seizing the prohibited item; and
storing the prohibited item; and
doing anything necessary to prepare the prohibited item for sale;
third, to the consolidated fund.
s 53 ins 2016 No. 62 s 267
(sec.53-ssec.1) The commissioner may forfeit the prohibited item to the State.
(sec.53-ssec.2) On the forfeiture, the prohibited item— becomes the property of the State; and may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.
(sec.53-ssec.3) Without limiting subsection (2) , the commissioner may destroy or dispose of the prohibited item.
(sec.53-ssec.4) Subsections (5) and (6) apply if the commissioner proposes to sell the prohibited item.
(sec.53-ssec.5) The sale must be by auction.
(sec.53-ssec.6) The proceeds of the sale must be applied in the following order— first, in meeting the expenses of the sale; second, in meeting any reasonable costs incurred in— seizing the prohibited item; and storing the prohibited item; and doing anything necessary to prepare the prohibited item for sale; third, to the consolidated fund.
(a) becomes the property of the State; and
(b) may, subject to any direction given under the Police Service Administration Act 1990 , section 4 .6, be dealt with by the commissioner as the commissioner considers appropriate.
(a) first, in meeting the expenses of the sale;
(b) second, in meeting any reasonable costs incurred in— (i) seizing the prohibited item; and (ii) storing the prohibited item; and (iii) doing anything necessary to prepare the prohibited item for sale;
(i) seizing the prohibited item; and
(ii) storing the prohibited item; and
(iii) doing anything necessary to prepare the prohibited item for sale;
(c) third, to the consolidated fund.
(i) seizing the prohibited item; and
(ii) storing the prohibited item; and
(iii) doing anything necessary to prepare the prohibited item for sale;
pt.4-div.7
Offence
Offence
sec.54
Offence by owner or occupier of restricted premises
sec.54 Offence by owner or occupier of restricted premises
An owner or occupier of restricted premises commits a misdemeanour if—
an owner or occupier has been served with a restricted premises order for the restricted premises; and
a disorderly activity takes place at the restricted premises after the order has been served and while the order remains in force; and
the owner or occupier knows, or ought reasonably to know, that the disorderly activity has taken place.
Maximum penalty—
for the first offence—150 penalty units or imprisonment for 18 months; or
for each later offence—300 penalty units or 3 years imprisonment.
An owner or occupier of premises is not guilty of an offence against subsection (1) if the owner or occupier proves the owner or occupier has taken all reasonable steps to prevent the contravention.
An owner of premises is not guilty of an offence against subsection (1) if the owner proves the owner has taken all reasonable steps to evict the occupier from the premises.
s 54 ins 2016 No. 62 s 267
(sec.54-ssec.1) An owner or occupier of restricted premises commits a misdemeanour if— an owner or occupier has been served with a restricted premises order for the restricted premises; and a disorderly activity takes place at the restricted premises after the order has been served and while the order remains in force; and the owner or occupier knows, or ought reasonably to know, that the disorderly activity has taken place. Maximum penalty— for the first offence—150 penalty units or imprisonment for 18 months; or for each later offence—300 penalty units or 3 years imprisonment.
(sec.54-ssec.2) An owner or occupier of premises is not guilty of an offence against subsection (1) if the owner or occupier proves the owner or occupier has taken all reasonable steps to prevent the contravention.
(sec.54-ssec.3) An owner of premises is not guilty of an offence against subsection (1) if the owner proves the owner has taken all reasonable steps to evict the occupier from the premises.
(a) an owner or occupier has been served with a restricted premises order for the restricted premises; and
(b) a disorderly activity takes place at the restricted premises after the order has been served and while the order remains in force; and
(c) the owner or occupier knows, or ought reasonably to know, that the disorderly activity has taken place.
(a) for the first offence—150 penalty units or imprisonment for 18 months; or
(b) for each later offence—300 penalty units or 3 years imprisonment.
pt.4-div.8
Evidentiary matters
Evidentiary matters
sec.55
Disorderly activity taken to have happened if obstruction or fortification
sec.55 Disorderly activity taken to have happened if obstruction or fortification
This section applies if—
a police officer exercises, or attempts to exercise—
a function under section 49 in relation to restricted premises; or
a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and
any of the following applies—
the police officer is assaulted or obstructed in the performance of the officer’s function;
the performance of the police officer’s function is hindered by excessive fortification of the premises.
This section also applies if a police officer has given a stop and desist notice to an owner or occupier of premises within 14 days before applying for a restricted premises order for the premises and the notice has not been complied with before the day of the hearing of the application.
In a relevant proceeding, evidence of any of the matters mentioned in subsection (1) (b) or (2) is evidence that a disorderly activity has taken place at the premises unless proven otherwise.
In this section—
assault has the meaning given by the Criminal Code , section 245 .
function includes power.
obstruct includes hinder, resist and attempt to obstruct.
relevant proceeding means—
a proceeding against a person for a charge of having committed an offence against section 54 ; or
an application under this part to a court; or
an appeal relating to a proceeding mentioned in paragraph (a) or an application mentioned in paragraph (b) .
s 55 ins 2016 No. 62 s 267
(sec.55-ssec.1) This section applies if— a police officer exercises, or attempts to exercise— a function under section 49 in relation to restricted premises; or a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and any of the following applies— the police officer is assaulted or obstructed in the performance of the officer’s function; the performance of the police officer’s function is hindered by excessive fortification of the premises.
(sec.55-ssec.2) This section also applies if a police officer has given a stop and desist notice to an owner or occupier of premises within 14 days before applying for a restricted premises order for the premises and the notice has not been complied with before the day of the hearing of the application.
(sec.55-ssec.3) In a relevant proceeding, evidence of any of the matters mentioned in subsection (1) (b) or (2) is evidence that a disorderly activity has taken place at the premises unless proven otherwise.
(sec.55-ssec.4) In this section— assault has the meaning given by the Criminal Code , section 245 . function includes power. obstruct includes hinder, resist and attempt to obstruct. relevant proceeding means— a proceeding against a person for a charge of having committed an offence against section 54 ; or an application under this part to a court; or an appeal relating to a proceeding mentioned in paragraph (a) or an application mentioned in paragraph (b) . s 55 ins 2016 No. 62 s 267
(a) a police officer exercises, or attempts to exercise— (i) a function under section 49 in relation to restricted premises; or (ii) a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and
(i) a function under section 49 in relation to restricted premises; or
(ii) a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and
(b) any of the following applies— (i) the police officer is assaulted or obstructed in the performance of the officer’s function; (ii) the performance of the police officer’s function is hindered by excessive fortification of the premises.
(i) the police officer is assaulted or obstructed in the performance of the officer’s function;
(ii) the performance of the police officer’s function is hindered by excessive fortification of the premises.
(i) a function under section 49 in relation to restricted premises; or
(ii) a function under the Police Powers and Responsibilities Act 2000 , section 157 in relation to premises; and
(i) the police officer is assaulted or obstructed in the performance of the officer’s function;
(ii) the performance of the police officer’s function is hindered by excessive fortification of the premises.
(a) a proceeding against a person for a charge of having committed an offence against section 54 ; or
(b) an application under this part to a court; or
(c) an appeal relating to a proceeding mentioned in paragraph (a) or an application mentioned in paragraph (b) .
pt.5
Fortification removal orders
Fortification removal orders
pt.5-div.1
Preliminary
Preliminary
sec.56
Definitions for part
sec.56 Definitions for part
In this part—
fortification , of premises, means any structure or device that, alone or as a system or part of a system, is designed to stop or hinder, or to provide any other form of step against, uninvited entry to the premises.
a video surveillance system, also called security camera surveillance
respondent , to an application for a fortification removal order, see section 59 (1) .
s 56 ins 2016 No. 62 s 267
sec.57
Relationship with Sustainable Planning Act 2009 and development approvals
sec.57 Relationship with Sustainable Planning Act 2009 and development approvals
This section applies for the carrying out of development as defined under the Sustainable Planning Act 2009 —
authorised under a fortification removal order; or
that is enforcement action.
If, other than for this subsection, the development would be any of the following under the Sustainable Planning Act 2009 it is taken to be exempt development under that Act—
assessable development;
development requiring compliance assessment;
prohibited development.
The development may be carried out despite any development approval under the Sustainable Planning Act 2009 .
s 57 ins 2016 No. 62 s 267
(sec.57-ssec.1) This section applies for the carrying out of development as defined under the Sustainable Planning Act 2009 — authorised under a fortification removal order; or that is enforcement action.
(sec.57-ssec.2) If, other than for this subsection, the development would be any of the following under the Sustainable Planning Act 2009 it is taken to be exempt development under that Act— assessable development; development requiring compliance assessment; prohibited development.
(sec.57-ssec.3) The development may be carried out despite any development approval under the Sustainable Planning Act 2009 .
(a) authorised under a fortification removal order; or
(b) that is enforcement action.
(a) assessable development;
(b) development requiring compliance assessment;
(c) prohibited development.
pt.5-div.2
Making of orders
Making of orders
More sections below
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This Act may be cited as the Peace and Good Behaviour Act 1982 .
sec.2 Commencement
sec.2 Commencement
This Act shall commence on a day appointed by proclamation.
sec.3 Definitions
sec.3 Definitions
The dictionary in schedule 1 defines particular words used in this Act.
s 3 prev s 3 om 7 December 1992 RA s 36
pres s 3 ins 2016 No. 62 s 257
sec.4 Objects of Act
sec.4 Objects of Act
The main object of this Act is to protect the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct.
Other objects of this Act are to—
disrupt and restrict the activities of criminals; and
deter criminals from establishing, maintaining or expanding a criminal network; and
ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and
ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and
prevent intimidation of the public by criminals; and
protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.
The objects are achieved by—
giving jurisdiction to magistrates to make orders that—
require a person to keep the peace and be of good behaviour; or
prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or
prevent disorderly activities from taking place at particular premises; or
require the removal of excessive fortifications from particular premises; and
giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and
giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .
It is not the Parliament’s intention that powers under this Act be exercised in a way that diminishes the freedom of persons in the State to participate in advocacy, protest, dissent or industrial action.
In this section—
criminal means—
a recognised offender; or
an associate of a recognised offender; or
a participant in a criminal organisation; or
a person subject to a control order.
s 4 (prev s 3A) ins 2016 No. 62 s 257
renum 2016 No. 62 s 266
(sec.4-ssec.1) The main object of this Act is to protect the safety, welfare, security, and peace and good order of the community from risks presented by people engaging in antisocial, disorderly or criminal conduct.
(sec.4-ssec.2) Other objects of this Act are to— disrupt and restrict the activities of criminals; and deter criminals from establishing, maintaining or expanding a criminal network; and ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and prevent intimidation of the public by criminals; and protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.
(sec.4-ssec.3) The objects are achieved by— giving jurisdiction to magistrates to make orders that— require a person to keep the peace and be of good behaviour; or prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or prevent disorderly activities from taking place at particular premises; or require the removal of excessive fortifications from particular premises; and giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .
(sec.4-ssec.4) It is not the Parliament’s intention that powers under this Act be exercised in a way that diminishes the freedom of persons in the State to participate in advocacy, protest, dissent or industrial action.
(sec.4-ssec.5) In this section— criminal means— a recognised offender; or an associate of a recognised offender; or a participant in a criminal organisation; or a person subject to a control order.
Who pays and who decides are central mechanics. Police and courts decide whether orders are made (ss 17, 25, 34, 58). The State funds enforcement but may recover enforcement costs from “responsible persons” (s 72) and may forfeit seized items or removed fortifications to the State, sell them by auction (s 53, s 71) and apply sale proceeds to expenses then the consolidated fund (ss 53(6), 71(6)). Owners and occupiers face direct legal duties and criminal liability for breaches (ss 37, 54). The Act provides recordkeeping (s 24) and oversight access for the public interest monitor (s 24(4)) and a statutory review mechanism tied to a retired judge if appointed (s 98).
Mechanically novel or operationally important features to note: commissioned officers can make ex parte, urgent public safety orders effective immediately by verbal communication (s 22); police may search restricted premises without a warrant and seize items defined as “prohibited” (s 49, s 33 definition); a prescribed-place mechanism automatically treats specified places as restricted premises for an initial two-year period from commencement (s 41-42); and there are evidentiary presumptions supporting applications where police were assaulted, obstructed or where stop-and-desist notices have not been complied with (ss 55, 77). Appeal procedures are provided (ss 88-92), but an appeal does not automatically stay the operation of an order (s 90).
This section has cited the Act’s operative sections (for example, s 4 for objects, s 17 for commissioned officer public safety orders, s 49 for non‑warrant searches). Subsequent sections below unpack main concepts, affected actors, duties, enforcement, interactions with other laws, amendment/transitional points, case history (if any in the text), practical pitfalls and a compliance checklist grounded in the text.
Main concepts
The Act organises multiple overlapping concepts into distinct remedies and powers. Key definitional and structuring pieces are:
“Criminal” for the objects context (s 4): the Act expressly defines that term by reference to recognised offenders, associates, participants in a criminal organisation, and persons subject to control orders (s 4). That definition underpins the object language and is a factor courts and police must consider when ordering (see s 17(3)(c), s 27(2)(b), s 60(1)(b)).
Orders as preventive instruments: Peace and good behaviour orders (Part 2, s 7) are traditional court-made orders requiring a person to keep the peace and be of good behaviour. Public safety orders (Part 3) have two tracks: temporary ministerial/police-made (commissioned officer) orders of up to 7 days (ss 17-24) and court-made public safety orders up to 6 months (ss 25-31). Restricted premises orders (Part 4, ss 33-39) target premises where disorderly activity occurs or is likely to occur. Fortification removal orders (Part 5, ss 56-63) target excessive physical fortification.
Scope of conditions and typical prohibitions: A public safety order or commissioned officer order may prohibit entering or remaining at stated premises, attending a stated event, entering a stated area or doing a stated thing in a stated area (s 18). Court-made public safety and restricted premises orders may contain similar prohibitions and may require compliance with reasonable directions of police (s 28(3)). Restricted premises orders must, as a condition, prohibit specified presences and fortification (s 37).
Prohibited item and seizure scope: The Act defines “prohibited item” broadly for restricted premises enforcement, including liquor, drugs, firearms and explosives but also fixtures, fitouts, music/ lighting/ gaming systems, pool tables, dance floors, stripper’s poles and excessive fortifications (s 33). Police may search restricted premises without a warrant and seize prohibited items and things that may be evidence (s 49).
Prescribed places: Regulations may designate places as “prescribed places” (s 41). A regulation made on commencement may be omitted later but a regulation made after commencement cannot add new places that were not initially prescribed (s 41(2)). Each prescribed place is treated as restricted premises for an initial two-year period from commencement (s 42); senior police officers can apply for extensions (s 43-47).
Evidentiary presumptions: The Act creates specific evidentiary rules: e.g. evidence that police were assaulted or obstructed, or that a stop-and-desist notice was not complied with, is evidence that disorderly activity took place unless proven otherwise (s 55). Failure to comply with a stop-and-desist notice is treated as evidence in fortification proceedings (s 77).
Enforcement, forfeiture and cost recovery: Police may remove fortifications and take enforcement action (ss 65-67). The commissioner may forfeit seized prohibited items and removed fortifications to the State and sell them by auction (ss 53, 71), applying sale proceeds to sale expenses, seizure/storage/ preparation costs, then the consolidated fund (ss 53(6), 71(6)). The State may recover reasonable enforcement costs from a “responsible person” as a debt, with net proceeds set off (s 72). A non‑responsible owner may claim compensation from the State for damage or restoration costs (s 73), and the State may recover paid compensation from a responsible person (s 74).
Procedural layering and oversight: Applications by senior police officers must be filed, served and supported by affidavits, with fixed return-date windows and service requirements (see ss 25(5), 34(4), 58(4)). Commissioned officers’ urgent orders require later affidavit verification to magistrates when authorisations are sought (s 19(5)). The commissioner must keep records of public safety orders and give the public interest monitor access to them (s 24).
Safeguards and limits: The Act explicitly states it is not intended to diminish freedoms of advocacy, protest and industrial action (s 4(4)). Part 3 does not affect the Peaceful Assembly Act 1992 (s 16). Appeals are provided (Part 6, ss 88-92). Police members acting honestly and without negligence are protected from civil liability; such liability attaches to the State instead (s 97).
These concepts are the building blocks. How they interact in practice depends on thresholds in the decision-making provisions (for example “satisfied” standards for commissioned officer orders s 17(1) and “satisfied” standards for courts s 27(1), s 36(1), s 60(1)), evidentiary rules (s 81 balance of probabilities for non‑offence proceedings), procedural timelines and the mix of administrative and judicial remedies.
Who it affects
This Act distributes burdens and decision power across identifiable groups. Key affected actors and how the Act affects them are:
Individuals who are the subject of complaints and orders: Persons alleged to have threatened assault, property damage or who have intentionally caused fear may be the subject of a complaint to a justice of the peace leading to summons, warrant or court orders to keep the peace and be of good behaviour (Part 2, ss 5-8). Individuals may also be subject to public safety orders made by commissioned officers (s 17) or senior police officer applications to court (s 25). Contravening an order carries criminal penalties (ss 11, 32). Those dealing with a commissioned officer public safety order must note urgent verbal service can make an order binding immediately (s 22).
Groups: The Act contemplates group-targeted orders. Commissioned officer public safety orders may name a group and apply to members generally (s 17(2)). For group respondents, courts must consider the extent to which members, as opposed to every member, satisfy the matters required (s 27(4)).
Owners and occupiers of premises: Owners and occupiers are central targets. Senior police officers can apply for restricted premises orders against premises and impose conditions about prohibited presences and fortification (ss 34, 36, 37). Owners and occupiers face criminal liability if a disorderly activity occurs while a restricted premises order is in force and they know or ought reasonably to know (s 54). Owners/occupiers are the respondents in fortification removal proceedings (Part 5, ss 58-63). Owners may be taken to have been served in prescribed-place situations (s 42).
Businesses and private enterprise: “Prohibited item” in s 33 includes trade fixtures and fitouts (bar fitouts, music/ lighting systems, pool tables, dance floors, stripper’s poles). Police may seize such items under s 49, and the commissioner may forfeit them and sell them (s 53). The definition therefore reaches certain business assets and ambience elements potentially used to support liquor/drug supply or entertainment of a demoralising character. Licensed premises are expressly excluded from a senior police officer application under s 34(1), but other parts of the Act may still have indirect effects (for example, public safety orders applying to events/areas).
Police and the Commissioner: The Act confers significant operational powers on police and commissioned officers: making short-term public safety orders (s 17), urgent binding verbal orders (s 22), applying for authorisation orders (s 19), applying for court orders (ss 25, 34, 58), enforcing public safety orders (s 31), searching restricted premises without warrants (s 49), removing fortifications and taking enforcement action (s 65). The commissioner has record-keeping duties (s 24), forfeiture discretion (ss 53, 71), delegation power (s 96) and provides records to the public interest monitor (s 24(4)).
Courts and magistrates: Magistrates constitute the court for most applications under the Act (s 79). Courts determine contested applications, can make orders, vary or revoke orders (s 30, s 39, s 63), and hear appeals within the appellate framework established (Part 6, ss 88-92).
The State and consolidated fund: The State bears initial enforcement costs (s 97) but can recover costs from responsible persons (s 72) and keeps surplus proceeds after sale expenses are applied (ss 53(6), 71(6)).
Vulnerable groups and public interest monitor: The Act lists demographics to be considered in a later review (s 98(4)(d)), specifically Aboriginal people, Torres Strait Islanders, homeless people and drug-dependent people. The public interest monitor has access to police records of public safety orders (s 24(4)).
Event organisers and the public: Public safety orders can apply to events (s 20), with orders required to specify event location and time, and state penalties and appeal rights (s 20). The Act therefore changes the legal landscape for event planning and crowd control for events occurring in specified areas.
In short, the Act places direct legal duties and potential criminal exposure on individuals targeted by orders, owners and occupiers of premises, and to a lesser extent third parties who are responsible persons in the fortification context. Decision and enforcement authority is concentrated in police (commissioned and senior officers) and magistrates/courts. The Act also creates administrative burdens on police for recordkeeping, service and publication (ss 21-24, 82-83).
Key duties and rights
The Act creates specific duties and a set of procedural rights for persons and institutions. These follow the different remedy streams in the statute.
Duties
Keep the peace and good behaviour: On conviction or order, a person may be ordered by a court to “keep the peace and be of good behaviour” for such time as the court thinks fit (s 7). Breach of that order is an offence (s 11, max penalty 100 penalty units or 1 year imprisonment).
Compliance with public safety orders: Respondents subject to public safety orders must comply with the conditions stated in the order (s 18). For court-made public safety orders, it is a condition that respondents comply with every reasonable direction given by a police officer for the purpose of the order, and that condition must be stated in the order (s 28(3)-(4)). Contravention of a public safety order is a misdemeanour with a maximum of 300 penalty units or 3 years imprisonment (s 32).
Owner/occupier obligations for restricted premises: If a restricted premises order is served, the owner or occupier must ensure disorderly activities do not take place (s 37), and may be guilty of a misdemeanour if disorderly activity occurs and they knew or ought reasonably to have known (s 54). The owner or occupier can avoid liability only by proving they took all reasonable steps to prevent the contravention (s 54(2)); an owner can discharge liability by proving they took all reasonable steps to evict the occupier (s 54(3)).
Fortification removal obligations: Where a fortification removal order is made, the court may require removal or modification of the fortification within a stated period (s 61). Failure to comply exposes a range of enforcement actions and criminal liability for hindering removal (s 75).
Obligations to assist enforcement: Police may require occupiers or persons at fortified premises to give reasonable help to take enforcement action (s 65(2)(e)). Police may also direct persons regarding entry/exit to public safety places (s 31(3)-(4)).
Service and notice duties on police: When making public safety orders, commissioned officers must ensure personal service, with special service requirements for minors or persons with impaired intellectual functioning (s 21). Urgent orders permit verbal communication if later documented and posted (s 22). Service by public notice has formal publication and affidavit requirements (ss 82-83).
Rights and procedural safeguards
Right to be heard and to file responses: Respondents have the right to file responses to police applications (s 26 for public safety court applications; s 35 for restricted premises; s 59 for fortification removal; s 44 for extension of prescribed place orders). Responses must be filed and served within specified timeframes (usually at least 5 business days before return date).
Appeal rights: A person aggrieved by many orders may appeal (s 88). Timeframes vary: appeals against court-made orders are generally 28 days (s 89) but appeals against commissioned officer public safety orders must be filed within 7 days and have expedited return dates (s 20(viii)-(ix), s 89(6)). The appellate court has full corrective powers and its decision is final (ss 92, 91).
Procedural standards in court: Non‑offence proceedings are decided on the balance of probabilities (s 81). Uniform Civil Procedure Rules apply to the extent consistent with the Act (s 80). Magistrates must be the constitution of the Magistrates Court (s 79).
Oversight and record access: The commissioner must keep records on public safety orders and make them available to the public interest monitor for functions under the Police Powers and Responsibilities Act (s 24).
Protection from civil liability for police members: Members of the police service acting honestly and without negligence are not liable; the State is liable in their stead (s 97).
Specific statutory limits: Part 3 does not affect the Peaceful Assembly Act 1992 (s 16). The objects section says it is not Parliament’s intention that powers be used to diminish freedom to participate in advocacy, protest, dissent or industrial action (s 4(4)). Those limits are statutory cues for decision‑makers to consider protest rights when making orders (see s 17(3)(e), s 27(2)(d)).
Return and recovery procedures for seized items: Persons with legal or equitable interest in seized “prohibited items” may apply within 21 days for return (s 50), and the court may order return if lawful possession can be shown and other conditions are met (s 51).
In sum, the Act combines duties on respondents and premises with procedural rights to respond, seek return of property, and appeal orders, while providing police specific powers to act to secure public safety. The statutory protection for police and state recovery mechanisms for costs shape the financial allocation of enforcement burdens.
Penalties and enforcement
The Act creates both criminal offences and civil remedies, and it supplies a range of enforcement tools. The principal penalties and enforcement mechanisms are:
Criminal penalties (selected provisions and maxima)
Breach of a court order to keep the peace and be of good behaviour (s 11): each contravention is an offence, maximum 100 penalty units or 1 year imprisonment.
Contravention of a public safety order (s 32): knowingly and without reasonable excuse contravening a public safety order is a misdemeanour, maximum 300 penalty units or 3 years imprisonment (s 32(1)-(2)).
Offence by owner or occupier of restricted premises (s 54): where an owner/occupier has been served with a restricted premises order, and a disorderly activity occurs while order is in force, and the owner/occupier knows or ought reasonably to know, they commit a misdemeanour. Maximum: first offence 150 penalty units or 18 months imprisonment; subsequent offences 300 penalty units or 3 years imprisonment (s 54(1)). Defences are available if the owner/occupier proves they took all reasonable steps or (for owners) took all reasonable steps to evict the occupier (s 54(2)-(3)).
Hindering removal/modification of fortification (s 75): intentionally hindering the removal or modification or enforcement action is a misdemeanour, maximum 5 years imprisonment. The definition of “fortification removal order” for this offence requires that the order has taken effect and appeal period has ended (s 75(2)).
Failure to comply with police direction for a public safety order: directions given under s 31 are taken to be directions under the Police Powers and Responsibilities Act 2000, and failure may constitute an offence under s 791 of that Act (s 31(5)).
Enforcement powers provided to police
Preventive stops and searches at public safety places (s 31): if a police officer reasonably suspects an offence under s 32 has been or is about to be committed, the officer may stop a person or group from entering a public safety place, stop/detain/search vehicles approaching, remove persons from places, or take other reasonable steps (s 31(1)-(2)). The officer must, if practicable, give a direction first (s 31(3)).
Searching restricted premises without warrant and seizure (s 49): police may enter restricted premises, stay as long as reasonably necessary, search for prohibited items or evidence, seize prohibited items and evidence, open locked things, search persons found at premises, and photograph items of evidence without a warrant (s 49(1)-(2)).
Fortification enforcement action (ss 65-67): if a fortification removal order has taken effect and is not complied with, police may enter the fortified premises, remain as needed, obtain expert advice, bring equipment and persons, require occupiers to assist, remove people, and use reasonably necessary force to remove persons (s 65(1)-(3)). There are procedural requirements before entry if occupants are present (s 66), and limits on entering residential parts of buildings (s 67).
Urgent commissioned officer public safety orders (s 22): an urgent order may be verbally communicated and then must be made available in writing and published on the QPS website the next business day. The verbal communication binds the person from that moment (s 22(2)-(5)).
Forfeiture, disposal and recovery
Forfeiture of seized prohibited items (s 53): the commissioner may forfeit prohibited items to the State; upon forfeiture they become State property and may be destroyed, disposed of, or sold by auction. Sale proceeds are applied first to sale expenses, second to reasonable costs of seizure/storage/preparation, third to the consolidated fund (s 53(1)-(6)).
Forfeiture of removed fortifications (s 71): similar confiscation and disposal powers apply to removed fortifications with application of proceeds in the same order (s 71(1)-(6)). Net proceeds are defined for set‑off purposes (s 71(7)).
Recovery of enforcement costs (s 72): the State may recover any reasonable costs incurred in taking enforcement action from a “responsible person” as a debt, and any net proceeds from forfeiture must be set off against that debt (s 72).
Compensation to non‑responsible owners (s 73): an owner who is not a responsible person may claim compensation from the State for reasonable costs of repairing damage or restoring premises after fortification removal or modification. The State may later recover paid compensation from a responsible person (s 74).
Operational and procedural enforcement constraints
Evidence and standards: non‑offence proceedings decide facts on the balance of probabilities (s 81). For certain matters, the Act creates presumptions that can be rebutted (ss 55, 77).
Service and notice: many enforcement steps require personal service or, if not practicable, publication and strict affidavit filing and postal steps (ss 21, 22, 82-83). A public safety order made by a commissioned officer is not binding unless served under s 21(3), except for urgent verbal orders under s 22.
Appeal stays: appeals do not automatically stay operation of orders; the appellate court may order suspension or stay only if satisfied it is appropriate taking account of protection of community safety (s 90).
Police liability shield: police members acting honestly and without negligence are shielded from civil liability,the State is instead liable under s 97.
Enforcement thus mixes administrative, criminal and civil mechanisms that (a) enable rapid police action, (b) permit longer judicial orders, (c) allow seizure/forfeiture of property and (d) provide cost recovery to the State while preserving some procedural checks and compensation for non‑responsible owners.
How it interacts with other laws
The Act contains explicit cross-references and stated relationships with other statutes, and it implicitly affects regulatory and civil regimes. Key interactions the statute expressly creates or modifies are:
Peaceful Assembly Act 1992: Part 3 expressly does not affect the Peaceful Assembly Act 1992 (s 16). The Act also instructs decision‑makers to have regard to public interest in maintaining freedom to participate in advocacy, protest, dissent or industrial action where those activities are the likely reasons for presence at an area or event (s 17(3)(e), s 27(2)(d)). Those provisions create statutory cues to avoid conflating protest with criminality.
Justices Act 1886 and Bail Act 1980: Part 2 proceedings (complaints and peace orders under ss 5-13) adopt the Justices Act summary prosecution procedures with necessary modifications (s 9). The Bail Act 1980 applies to defendants apprehended under warrants issued under this Act (s 10).
Police Powers and Responsibilities Act 2000 (PPRA): The Act integrates with the PPRA in multiple ways. Directions given under s 31 are taken to be directions under the PPRA, and failure to comply is an offence referenced in the PPRA (s 31(5)). The public interest monitor’s functions under the PPRA Chapter 21 Part 5 are explicitly invoked: the commissioner must give that monitor access to records of public safety orders (s 24(4)). The responsibilities code and property‑handling definitions under the PPRA are referenced for receipt and delivery of seized things (s 94-95).
Sustainable Planning Act 2009 (planning law): Fortification removal orders and enforcement action are expressly taken outside the usual planning approval regime for development defined under the Sustainable Planning Act 2009: development to remove or modify fortification authorised under a fortification removal order is taken to be exempt development and may be carried out despite existing development approvals (s 57). That provides a statutory override to normal planning constraints for enforcement action.
Criminal Proceeds Confiscation Act 2002: The court must not return a prohibited item if it may be subject to confiscation proceedings under that Act (s 51(3)(c)). The Act therefore interfaces with the confiscation regime.
State civil liability and administrative law: s 97 transfers civil liability from police members to the State where actions were done honestly and without negligence, altering the civil risk structure for claimants (claims will be against the State).
Regulations and delegated instruments: the Governor in Council may make regulations under the Act (s 100). A regulation may prescribe places as “prescribed places” for automatic restricted-premises treatment (s 41). Notably, s 41(2) circumscribes post‑commencement regulation-making power by permitting omission of initially prescribed places but forbidding prescribing places that were not prescribed at commencement.
Relationship to licensing regimes: s 34(1) expressly excludes licensed premises for the purpose of a senior police officer applying for a restricted premises order. That preserves the Liquor Act 1992 regulatory field, at least for the specified application route, but other parts of the Act (for example public safety orders, fortification orders) may still affect licensed premises in practice.
The Act therefore overlays a policing and court-based preventive apparatus onto existing criminal, property, planning, and police powers frameworks. Of particular practical significance are the statutory carve-out in s 57 allowing enforcement works to proceed despite planning controls, and the PPRA linkages that make police directions given under the Act actionable under PPRA offences and subject to PPRA property handling codes.
Amendment history
The version of the Act presented includes a number of annotated insertions and amendments reflected in the marginal notes. The key recorded amendment points in the text are:
The Act’s object section and structural renumbering: s 4 was inserted and renumbered via 2016 No. 62 (s 257, s 266), introducing the reinvigorated objects about safety, disruption of criminals, prevention of fortification and preserving protest freedoms. That 2016 instrument also added Part 3 public safety order machinery (ss 15-24) and modernised enforcement and record-keeping provisions (s 24). The 2016 amendments are referenced throughout (e.g. “ins 2016 No. 62 s 267”) indicating a significant rewrite in 2016.
The addition of prescribed place and extension regimes: provisions on prescribed places and the 2‑year initial period plus extension mechanism are annotated as inserted in 2016 No. 62 s 267 (see ss 41-47 inclusive).
Definitions and scope changes: s 33’s additions and amendments on definitions (for instance, “disorderly activity”, “prohibited item”) were amended in 2020 No. 15 s 158(1) for the definition of “criminal activity”, and ss 33(2)-(3) note amendment 2020 No. 15 s 158(2)-(3). The 2020 changes also affected transitional provisions (Part 8, ss 101-103) indicating the 2020 changes adjusted the statutory definitions and transitional handling of existing applications.
Transitional provisions: Part 8 contains specific transitional rules for the Justice and Other Legislation Amendment Act 2020, particularly ss 101-103 that exempt certain prior applications from the new definition of disorderly activity (s 33(b)) and limit appeals against section 51 decisions made before commencement (s 103).
Procedural and evidentiary insertions: several procedural features (telephone magistrate hearings for authorisation orders s 19(5), record keeping and public interest monitor access s 24, urgent order rules s 22) are labelled as “ins 2016 No. 62 s 267” (inserted 2016).
Minor historical amendments: Part 2 references amendments and renumbering; e.g. s 5 shows amendments in 1997, 2004, 2016. Those earlier amendments reflect an evolving complaint and peace order process.
The precise dates and statutes of each prior amendment beyond what the text annotates should be checked against the consolidated statute database if a legislative timeline or drafting history is required for litigation or legislative review. The Act as presented contains internal marginal annotations (e.g. “ins 2016 No. 62 s 267”, “ins 2020 No. 15 s 158”) that identify the major modernisation points to 2016 and 2020 and transitional steps in Part 8 for the 2020 changes.
Litigation history
The provided text contains no case law citations, and no judicial decisions are mentioned in the Act. There are no named cases, reported opinions or statutory judicial interpretations within the text. The Act does specify courts and appeal routes (Magistrates Court constitution s 79; appellate routes ss 87-92), and establishes evidentiary presumptions and procedural frameworks that will be subject to judicial interpretation in practice. For any litigation history or reported cases interpreting these provisions, consult the consolidated law reports or electronic legal research services for decisions applying the Peace and Good Behaviour Act in relevant jurisdictions and contexts.
Because the statute creates new procedural devices (e.g., commissioned officer orders, urgent verbal orders, s 19 telephone magistrate authorisations, s 49 non‑warrant searches, and s 57 planning overrides), early litigation is likely to focus on statutory limits and procedural fairness issues: validity of urgent verbal orders and service (s 22), lawfulness of s 49 non-warrant searches, treatment of prescribed places (s 42), scope of “excessive fortification” (s 60(1)(c)), and the interplay with protest rights (ss 4(4), 16, 17(3)(e), 27(2)(d)). The Act anticipates such scrutiny by establishing record-keeping and public interest monitor access (s 24) and an appointment/review mechanism under s 98.
For authoritative judicial treatment and interpretive guidance, check reported Magistrates Court and appellate decisions post‑enactment. The absence of cases cited in the Act means this deep dive cannot attribute any judicial interpretations; the reader should run case law searches where needed.
Gotchas
The Act contains several provisions that create practical traps or require careful tactical planning. The following items are grounded in the statutory text and are of immediate relevance to advisers, compliance officers and litigators.
Urgent commissioned officer orders bind immediately on verbal communication (s 22). A police officer can verbally communicate the order content, advise where a written copy may be obtained, and promise publication on the QPS website next business day. The order is binding from the verbal communication (s 22(4)). Practical consequence: affected persons may find themselves criminally exposed before they receive written notice; mitigation must be fast (immediate legal advice and prompt challenge/appeal within the short appeal period for such orders).
Commissioned officer orders not otherwise binding until personal service (s 21(3)), with special service requirements for minors and people with impaired intellectual functioning (s 21(2)). Officers are required to personally serve, and failure to do so can affect whether an order is binding, except for the urgent order pathway.
Short appeal windows for commissioned officer orders: a public safety order made by a commissioned officer of more than 72 hours allows appeal within 7 days (s 20(viii)-(ix), s 89(6)). The return date for such appeals must be the day after filing of the notice of appeal (s 89(6)(c)). Time-critical appellate steps are therefore mandatory.
Police non‑warrant search powers are broad for restricted premises: s 49 permits entry, prolonged presence, searches of premises and persons, seizure and photography, and opening locked items. These are exercisable “as occasion requires” (s 49(2)). Owners and occupiers should be alerted to the potential for significant and immediate intrusion and seizure of non‑criminal but “prohibited” business fixtures.
“Prohibited item” reaches trade fixtures and ambience elements (s 33). Items like bar fitouts, music/lighting systems, pool tables, dance floors and stripper’s poles are expressly included. Police seizure of these things can disrupt business operations significantly and may be forfeited or sold under ss 53 and 71. Advisory point: asset ownership, leasing arrangements and chattel security interests should be checked as soon as a seizure occurs; persons claiming a legal or equitable interest must apply under s 50 within 21 days.
Prescribed places become restricted premises automatically at commencement for two years (s 42). The owner or occupier is taken to have been served with a restricted premises order on commencement (s 42(2)(a)). That can impose immediate obligations and criminal exposure (s 54) even if no prior application or hearing was held. Note also s 41(2) limits post-commencement regulation-making by preventing addition of new places beyond those prescribed on commencement.
Forfeiture and cost recovery timing: if fortifications are removed and forfeited, the State may set off any net proceeds against enforcement costs recoverable from responsible persons (s 72). The State may also recover compensation it has paid to non‑responsible owners from responsible persons (s 74). Practical consequence: responsible persons may face significant debts after enforcement actions.
Evidence presumptions: where police have been assaulted or obstructed while exercising functions under s 49 or the PPRA s 157, or if stop-and-desist notices were issued but not complied with, the Act creates evidence “that a disorderly activity has taken place” unless proven otherwise (s 55). That shifts evidentiary burdens in particular proceedings.
Exemption from planning constraints for enforcement work (s 57): fortification removal works performed as enforcement action are exempt development and may be carried out despite development approvals. That limits the ability of owners to challenge enforcement as a planning matter in the short term.
Police civil immunity and State exposure (s 97): police acting honestly and without negligence attract immunity, with liability substituted onto the State. Plaintiffs need to sue the State rather than individual officers, which affects procedural and indemnity considerations.
Authorisation-by-phone for magistrate authorisation orders (s 19(5)): a magistrate may deal with authorisation applications by telephone, accepting oral evidence and assuming the officer’s authority on information provided; the officer must subsequently verify grounds by affidavit. This expedites authorisation but reduces contemporaneous adversarial testing.
Licensed premises carve-out limited: s 34(1) prevents senior police officers applying for restricted premises orders for licensed premises, but other remedies , public safety orders, fortification orders, enforcement powers , might still affect licensed premises; separate regulatory checks under the Liquor Act may apply.
No automatic stay on appeal (s 90): appeals do not automatically suspend an order’s operation. Parties seeking a stay must apply and persuade a court that suspension is appropriate, with the court to have regard to community safety protections.
Careful attention to service, appeal windows, and immediate tactical moves (filing s 50 applications within 21 days for return of seized items, seeking urgent judicial review or stay applications when necessary) is essential.
How to comply
This checklist is a practical, source‑grounded compliance and response guide for individuals, premises owners, organisers and advisers facing the Act’s instruments. It maps statutory duties and practical steps to statutory sections.
For persons who receive a complaint or summons under Part 2 (ss 5-9)
Respond promptly to summonses. If a justice issues a summons or warrant after a complaint under s 5, ensure attendance or lodge evidence of service disputes under s 8. Consider mediation if the JP suggests it under s 5(3).
If ordered by the Magistrates Court to keep the peace and be of good behaviour, understand stipulations/conditions (s 7(3)) and avoid breaches (s 11). Breach penalties are significant (s 11).
For persons subject to a public safety order (commissioned officer or court)
Check how you were served. Commissioned officer orders must be personally served to be binding (s 21(1), (3)) except where the urgent verbal pathway applies (s 22). If verbally bound under s 22, secure contemporaneous evidence of what was communicated and when (audio/video recording “if practicable” is recommended by s 22(3)).
Keep in mind the narrow appeal window: orders of more than 72 hours made by a commissioned officer carry an appeal right and a 7‑day filing requirement (s 20(viii)-(ix), s 89(6)). File a notice of appeal immediately if aggrieved (s 89), and serve copies as required.
Comply with directions of police under public safety orders. Failure to comply may engage s 31 and the PPRA s 791 offence.
For owners/occupiers of premises
If served with an application (s 34, s 58) or order (s 37, s 60), file a response and affidavits within the prescribed timeline (responses generally at least 5 business days before return dates; applications must state return date within 35 days) (ss 25(5), 34(4), 58(4), 35, 59). Meet the procedural timeframes strictly.
To avoid s 54 liability for restricted premises, document and implement “all reasonable steps” to prevent disorderly activity (s 54(2)). Reasonable steps may include: security presence, ID checks, CCTV (note police searches/photography powers under s 49), clear policies and training, incident logs, eviction protocols and written records of steps taken to evict problem occupiers if applicable (s 54(3)).
If given a stop-and-desist notice about fortification (s 76), act promptly. The notice lasts 14 days and non‑compliance will be treated as evidence against you in fortification proceedings (s 77). Early engagement with police and documentation of remedial plans reduces enforcement risk.
For owners with fortifications, keep records proving fortification is not “excessive” for lawful use; expert statements on legitimate security needs may be relevant at a hearing under s 60. Consider pre-emptive modification where fortification might be judged excessive.
If police enter restricted premises or remove/modify fortifications
Verify the legal basis for entry. If police assert s 49 (restricted premises) or s 65 (enforcement post-effect), ask officers to identify the relevant order and show proof of service or effect (s 62 for fortification orders; s 21 for commissioned officer public safety orders).
For seized items, check the receipt requirement (s 94). If you have a legal or equitable interest in seized prohibited items, file an application to the court under s 50 within 21 days to seek return, serve copies on the commissioner and any others who may have an interest. Prepare affidavits demonstrating lawful possession and why the seizure was unlawful if applicable (s 51).
If fortifications are removed and you are a non-responsible owner, preserve records of ownership and occupancy to support compensation claims against the State under s 73. Timely legal proceedings and documentation of repair/restoration costs will be required.
If enforcement costs are being sought or compensation paid
Responsible persons should be prepared for the State to recover enforcement costs as a debt (s 72). Assess potential net proceeds from any forfeiture (s 71) that may be set off against enforcement costs. If the State pays compensation to a non‑responsible owner, the State may recover that from a responsible person (s 74).
For lawyers advising clients on appeals and judicial review
Track precise timelines for appeals: 28 days for court decisions generally, 7 days for certain commissioned officer public safety orders (s 89(3), s 89(6)). Appeals do not stay operation; seek urgent stays under s 90 only where appropriate (and be prepared to address the community safety considerations listed in s 90(3)).
Use evidentiary presumptions to your client’s advantage where prosecution relies on s 55 or s 77 presumptions; prepare rebuttal evidence in advance.
For applications for authorisation orders under s 19, be ready to request full affidavit material if magistrates handle authorisations by telephone (s 19(5)) and to verify the officer’s undertakings promptly as required.
For compliance officers and corporate legal teams
Audit premises for “prohibited items” (s 33) to understand exposure to seizure. Ensure clear title records for fixtures and chattels.
Review security and fortification practices to check whether fortification might be classed as “excessive” under s 60(1)(c). Consider obtaining a professional, documented risk assessment supporting the fortification’s necessity.
Prepare protocols for immediate legal response to commissioned officer public safety orders and urgent verbal communications under s 22, including internal escalation and prompt application/appeal filing.
Ensure corporate insurance, contracts with contractors for fitouts and security systems, and lease arrangements contemplate potential seizure/forfeiture and provide for risk allocation and documentation.
For police and administrators
Maintain the records required by s 24; make them accessible to the public interest monitor as required. File service affidavits and public notice affidavits promptly under s 83 where public notice service is used.
Where telephone authorisations are used (s 19(5)), ensure officers’ statements are accurately captured, witnesses are available by phone, and affidavits are filed as soon as practicable.
The Act makes tactical compliance decisions time-sensitive. Courts and police have powers that work quickly; compliance requires immediate documentary evidence, robust record-keeping and, where appropriate, prompt moves to court within the statutory windows.
(a) disrupt and restrict the activities of criminals; and
(b) deter criminals from establishing, maintaining or expanding a criminal network; and
(c) ensure premises in which criminals habitually gather are unable to be used for antisocial, disorderly or criminal conduct; and
(d) ensure premises habitually used by criminals, or connected with serious criminal activity, do not become excessively fortified; and
(e) prevent intimidation of the public by criminals; and
(f) protect the community’s enjoyment of safe and secure neighbourhood environments and public spaces.
(a) giving jurisdiction to magistrates to make orders that— (i) require a person to keep the peace and be of good behaviour; or (ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or (iii) prevent disorderly activities from taking place at particular premises; or (iv) require the removal of excessive fortifications from particular premises; and
(i) require a person to keep the peace and be of good behaviour; or
(ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or
(iii) prevent disorderly activities from taking place at particular premises; or
(iv) require the removal of excessive fortifications from particular premises; and
(b) giving power to commissioned officers to make orders, of a duration of no more than 7 days, to prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; and
(c) giving powers to the police service to ensure the effectiveness of the orders mentioned in paragraphs (a) and (b) .
(i) require a person to keep the peace and be of good behaviour; or
(ii) prevent a person, or group of persons, from doing particular things in relation to a particular area or event, or particular premises; or
(iii) prevent disorderly activities from taking place at particular premises; or
(iv) require the removal of excessive fortifications from particular premises; and
(a) a recognised offender; or
(b) an associate of a recognised offender; or
(c) a participant in a criminal organisation; or
(d) a person subject to a control order.
pt.2 Peace and good behaviour orders
Peace and good behaviour orders
pt.2-div.1 Making of orders
Making of orders
sec.5 Complaint in respect of breach of the peace
sec.5 Complaint in respect of breach of the peace
A person (the complainant ) may make a complaint to a justice of the peace that a person has threatened—
to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
to destroy or damage any property of the complainant; or
to procure any other person to destroy or damage any property of the complainant;
and that the complainant is in fear of the person complained against (the defendant ).
A person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant.
If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue—
a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or
a warrant to apprehend the defendant and to cause the defendant to be brought before a court;
to answer the complaint and to be further dealt with according to law.
If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 .
In this section—
complaint means a written complaint made on oath.
s 5 (prev s 4) amd 1997 No. 9 s 48 ; 2004 No. 43 s 66 ; 2016 No. 62 s 259
renum 2016 No. 62 s 266
(sec.5-ssec.1) A person (the complainant ) may make a complaint to a justice of the peace that a person has threatened— to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or to destroy or damage any property of the complainant; or to procure any other person to destroy or damage any property of the complainant; and that the complainant is in fear of the person complained against (the defendant ).
(sec.5-ssec.2) A person (also the complainant ) may make a complaint to a justice of the peace that the intentional conduct of a person (also the defendant ) directed at the complainant has caused the complainant to fear that the defendant will destroy or damage any property of the complainant.
(sec.5-ssec.2A) If the matter of a complaint under subsection (1) or (2) is substantiated to the justice’s satisfaction, and the justice considers it is reasonable in the circumstances for the complainant to have the fear mentioned in the subsection, the justice may issue— a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or a warrant to apprehend the defendant and to cause the defendant to be brought before a court; to answer the complaint and to be further dealt with according to law.
(sec.5-ssec.3) If the justice before whom the complaint mentioned in subsection (1) or (2) is made considers that the matter would be better resolved by mediation than by proceedings before a court, the justice may, with the complainant’s consent, order the complainant to submit the matter to mediation under the Dispute Resolution Centres Act 1990 .
(sec.5-ssec.4) In this section— complaint means a written complaint made on oath.
(a) to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
(b) to procure any other person to assault or to do any bodily injury to the complainant or to any person under the care or charge of the complainant; or
(c) to destroy or damage any property of the complainant; or
(d) to procure any other person to destroy or damage any property of the complainant;
(a) a summons directed to the defendant requiring the defendant to appear at a stated time and place before a court; or
(b) a warrant to apprehend the defendant and to cause the defendant to be brought before a court;
sec.6 Justice may make inquiries or receive evidence
sec.6 Justice may make inquiries or receive evidence
The justice of the peace, in the consideration of the substantiation of the matter of the complaint to the justice’s satisfaction, may make or cause to be made such inquiries and receive such evidence as the justice thinks fit.
s 6 (prev s 5) renum 2016 No. 62 s 266
sec.7 Magistrates Court may make order
sec.7 Magistrates Court may make order
The court before which the defendant appears in obedience to the summons or is brought pursuant to the warrant, as the case may be, shall hear and determine the matter of the complaint.
Without limiting any other evidence given by or on behalf of the defendant, the defendant may produce evidence that the complaint is made from malice or for vexation only.
Upon a consideration of the evidence, the court may—
dismiss the complaint; or
make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.
The order made by the court may contain such other stipulations or conditions as the court thinks fit.
s 7 (prev s 6) amd 2016 No. 62 s 260
renum 2016 No. 62 s 266
(sec.7-ssec.1) The court before which the defendant appears in obedience to the summons or is brought pursuant to the warrant, as the case may be, shall hear and determine the matter of the complaint.
(sec.7-ssec.2) Without limiting any other evidence given by or on behalf of the defendant, the defendant may produce evidence that the complaint is made from malice or for vexation only.
(sec.7-ssec.3) Upon a consideration of the evidence, the court may— dismiss the complaint; or make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.
(sec.7-ssec.4) The order made by the court may contain such other stipulations or conditions as the court thinks fit.
(a) dismiss the complaint; or
(b) make an order that the defendant shall keep the peace and be of good behaviour for such time, specified in the order, as the court thinks fit.
sec.8 Where defendant does not appear
sec.8 Where defendant does not appear
If at the time and place appointed by summons for the hearing of the complaint the defendant does not appear when called and proof is made to the court of due service of the summons in accordance with section 56 of the Justices Act 1886 , the court may—
issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or
proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or
for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.
Where the court makes an order, a copy thereof shall be served on the defendant in the same manner as a summons may be served under the Justices Act 1886 .
s 8 (prev s 7) amd 2016 No. 62 s 261
renum 2016 No. 62 s 266
(sec.8-ssec.1) If at the time and place appointed by summons for the hearing of the complaint the defendant does not appear when called and proof is made to the court of due service of the summons in accordance with section 56 of the Justices Act 1886 , the court may— issue its warrant to apprehend the defendant and to bring the defendant before a court to answer the complaint and to be further dealt with according to law; or proceed in the absence of the defendant to hear and determine the matter of the complaint as fully and effectually to all intents and purposes as if the defendant had personally appeared before the court in obedience to the summons and may make an order referred to in section 7 ; or for any reason appearing to it to be a sufficient reason, adjourn the hearing to a time and place determined by it before a court.
(sec.8-ssec.2) Where the co
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