38Removal of certain persons from public domain—the Act, s 46(2)(h) and (i)

38 Removal of certain persons from public domain—the Act, s 46(2)(h) and (i)

38 Removal of certain persons from public domain—the Act, s 46(2)(h) and (i)

(1) A ranger or police officer may direct a person to leave the public domain if the person—

(a) causes nuisance or annoyance to other persons in an area to which the direction relates, or

(b) breaches a provision of this Regulation, or

(c) enters a closed area.

(2) The direction may specify one or more of the following—

(a) the area to which the direction relates,

(b) the period within which the person must leave the public domain,

(c) the period during which the person must not return to the public domain.

(3) In specifying a period under subsection (2)(b) or (c), the ranger or police officer must consider the seriousness and persistence of the person’s conduct.

(4) A person must not enter or remain in the public domain in breach of a direction.

Maximum penalty—20 penalty units.

(5) A person does not commit an offence under subsection (4) unless—

(a) the ranger or police officer warned the person that failure to comply with the direction is an offence, and

(b) if the direction was given by a ranger—the ranger identified themselves as a ranger, if requested.

(6) A ranger or a police officer may remove a person who breaches subsection (4) from the public domain.