sec.46When power applies to behaviour

### sec.46 When power applies to behaviour A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been— causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place. If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in the part of the public place at or near where the person then is. If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in any public place located in the safe night precinct. Subsection (1) (b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour. However, subsections (1) (b) and (3) do not limit subsection (1) (a) , (c) and (d) . For this part, the person’s behaviour is a relevant act . s 46 amd 2006 No. 26 s 9 ; 2014 No. 42 s 107 ; 2023 No. 21 s 50A (sec.46-ssec.1) A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been— causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place. (sec.46-ssec.2) If the regulated place is a public place, other than a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in the part of the public place at or near where the person then is. (sec.46-ssec.2A) If the regulated place is a public place in a safe night precinct, subsection (1) applies in relation to a person at or near the public place only if the person’s behaviour has or had the effect mentioned in subsection (1) (a) , (b) , (c) or (d) in any public place located in the safe night precinct. (sec.46-ssec.3) Subsection (1) (b) applies to premises used for trade or business only if the occupier of the premises complains about the person’s behaviour. (sec.46-ssec.4) However, subsections (1) (b) and (3) do not limit subsection (1) (a) , (c) and (d) . (sec.46-ssec.6) For this part, the person’s behaviour is a relevant act . - (a) causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or - (b) interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or - (c) disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or - (d) disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.