135BPower to make public disorder declaration

135B Power to make public disorder declaration (1) The Commissioner may make a declaration under this section (a public disorder declaration) if the Commissioner believes on reasonable grounds that: (a) public disorder is occurring at a public place or there is an imminent risk of public disorder occurring at a public place; and (b) the use of the powers set out in this Division is required to prevent, stop or reduce the public disorder at the public place. (2) A public disorder declaration: (a) must be made in writing or, if it is not reasonably practicable in the circumstances for it to be made in writing, may be made orally; and (b) must specify the matters mentioned in section 135C(1); and (c) takes effect immediately on being made; and

Police Administration Act 1978 115 (d) subject to sections 135F and 135G, is in force for the period of time, not exceeding 72 hours, specified in the declaration. (3) A written public disorder declaration must be published in the Gazette as soon as reasonably practicable after it is made. (4) If a public disorder declaration is made orally, as soon as reasonably practicable after it is made, it must be confirmed in writing and the written confirmation must be published in the (5) A public disorder declaration cannot apply in relation to Aboriginal land as defined in section 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth). (6) Subsection (5) limits the application of section 59A of the Interpretation Act 1978 to this Division. (7) The Commissioner cannot delegate the Commissioner's power (8) If the Commissioner makes a public disorder declaration (the first declaration), the Commissioner cannot make another declaration (the second declaration) that applies in relation to the same, or substantially the same, area as the first declaration unless: (a) the first declaration has ceased to be in force for at least 7 days; or (b) the second declaration is made in relation to public disorder of a different nature, or arising from different circumstances, than the public disorder specified in the first declaration.