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Police Administration Act 1978
135FExtension of duration of public disorder declaration
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135F Extension of duration of public disorder declaration
(1) Before a public disorder declaration expires, the Commissioner may
make a written recommendation to the Minister that the duration of
the declaration be extended.
(2) If the Minister receives a recommendation from the Commissioner
under subsection (1), the Minister may, before the public disorder
declaration expires, extend the duration of the declaration if the
Minister believes on reasonable grounds that:
(a) public disorder is still occurring, or there is an imminent risk of
public disorder occurring or recurring, in the declared area;
and
(b) the use of the powers set out in this Division is required to
prevent, stop or reduce the public disorder.
(3) An extension under subsection (2):
(a) must be in writing; and
(b) subject to subsection (4), must state the duration of the
extension.
(4) The duration of the extension:
(a) cannot be for any longer than the period that the Minister
believes on reasonable grounds is necessary to prevent, stop
or reduce the public disorder; and
(b) in any event, must not exceed a period of 7 days from the day
and time at which the public disorder declaration would
otherwise expire.
Example for subsection (4)(b)
A public disorder declaration that is due to expire at 9.00 am on a Tuesday may
be extended until no later than 9.00 am on the following Tuesday.
(5) An extension of the duration of a public disorder declaration must
be published in the Gazette as soon as reasonably practicable after
it is made.
(6) The duration of a public disorder declaration cannot be extended
more than once.
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