135CPublic disorder declaration

135C Public disorder declaration (1) A public disorder declaration must specify the following: (a) that it is made under this Division; (b) the nature and circumstances of the public disorder in relation to which it is made; (c) the area in relation to which it applies, which must be no larger than the Commissioner considers is reasonably necessary to prevent, stop or reduce the public disorder in relation to which it is made; (d) whether it applies to all persons or a particular class of persons, including by reference to a particular attribute of the persons who are members of the class; Police Administration Act 1978 116 (e) the period of time (not exceeding 72 hours) that it will be in force; (f) that the powers under section 135D may be used while it is in force; (g) if the powers under section 135D are to be exercised only at particular times of the day – those times; (h) the permissible reasons for a person to whom the declaration applies to remain in or enter the declared area despite the declaration being in force. Note for subsection (1)(c) Section 135B(5) provides that a public disorder declaration cannot apply in relation to certain land. (2) The reasons specified under subsection (1)(h) must include the (a) for employment purposes; (b) to access the person's place of residence or that of a family (c) to access a health care facility or receive medical treatment; (d) to provide care or support to a family member or another person who is unable to care for themselves due to health, age or disability. (3) The Anti-Discrimination Act 1992 does not apply to a public disorder declaration or any actions taken by the Commissioner or a member under a declaration in accordance with this Division.