sec.55Disorderly 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