QLDIn ForceAct
Penalties and Sentences Act 1992
sec.161ZLPolice powers for preventing contravention of control order
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### sec.161ZL Police powers for preventing contravention of control order
This section applies if a police officer reasonably suspects an offence against section 161ZI has been committed, is being committed, or is about to be committed in relation to a control order or a registered corresponding control order.
The police officer may exercise 1 or more of the following powers in relation to the person subject to the control order or registered corresponding control order—
if the order prohibits the person from associating with a stated person or a person of a stated class—require the person subject to the order to leave a place where the stated person or person of the stated class is present and not to return to the place within a stated reasonable time of not more than 24 hours;
if the order prohibits the person from entering or being in the vicinity of a stated place or a place of a stated class—require the person subject to the order to leave—
the stated place or a place of the stated class; or
the vicinity of a place mentioned in subparagraph (i) .
However, subsection (2) does not apply if requiring the person to leave the place may endanger the safety of the person or another person.
A requirement made under this section is taken to be a requirement made under the Police Powers and Responsibilities Act 2000 .
Failure to comply with a requirement made 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 required to do something under subsection (2) ; and
the court is not satisfied the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .
In this section—
place see the Police Powers and Responsibilities Act 2000 , schedule 6 .
s 161ZL ins 2016 No. 62 s 279
(sec.161ZL-ssec.1) This section applies if a police officer reasonably suspects an offence against section 161ZI has been committed, is being committed, or is about to be committed in relation to a control order or a registered corresponding control order.
(sec.161ZL-ssec.2) The police officer may exercise 1 or more of the following powers in relation to the person subject to the control order or registered corresponding control order— if the order prohibits the person from associating with a stated person or a person of a stated class—require the person subject to the order to leave a place where the stated person or person of the stated class is present and not to return to the place within a stated reasonable time of not more than 24 hours; if the order prohibits the person from entering or being in the vicinity of a stated place or a place of a stated class—require the person subject to the order to leave— the stated place or a place of the stated class; or the vicinity of a place mentioned in subparagraph (i) .
(sec.161ZL-ssec.3) However, subsection (2) does not apply if requiring the person to leave the place may endanger the safety of the person or another person.
(sec.161ZL-ssec.4) A requirement made under this section is taken to be a requirement made under the Police Powers and Responsibilities Act 2000 . Failure to comply with a requirement made under this section is an offence against the Police Powers and Responsibilities Act 2000 , section 791 .
(sec.161ZL-ssec.5) A person does not commit an offence against the Police Powers and Responsibilities Act 2000 , section 791 if— the person was required to do something under subsection (2) ; and the court is not satisfied the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .
(sec.161ZL-ssec.6) In this section— place see the Police Powers and Responsibilities Act 2000 , schedule 6 .
- (a) if the order prohibits the person from associating with a stated person or a person of a stated class—require the person subject to the order to leave a place where the stated person or person of the stated class is present and not to return to the place within a stated reasonable time of not more than 24 hours;
- (b) if the order prohibits the person from entering or being in the vicinity of a stated place or a place of a stated class—require the person subject to the order to leave— (i) the stated place or a place of the stated class; or (ii) the vicinity of a place mentioned in subparagraph (i) .
- (i) the stated place or a place of the stated class; or
- (ii) the vicinity of a place mentioned in subparagraph (i) .
- (i) the stated place or a place of the stated class; or
- (ii) the vicinity of a place mentioned in subparagraph (i) .
- (a) the person was required to do something under subsection (2) ; and
- (b) the court is not satisfied the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .