QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.48Direction may be given to person
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### sec.48 Direction may be given to person
A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.
If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.
If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.
If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.
However, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of—
public safety; or
public order; or
the protection of the rights and freedoms of other persons.
the rights and freedoms of the public to enjoy the place
the rights of persons to carry on lawful business in or in association with the place
Without limiting subsection (1) , a direction may require a person to do 1 of the following—
leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;
leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;
move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.
The police officer must tell the person or group of persons the reasons for giving the direction.
s 48 amd 2006 No. 26 s 11
(sec.48-ssec.1) A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances. If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance. If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors. If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.
(sec.48-ssec.2) However, a police officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless it is reasonably necessary in the interests of— public safety; or public order; or the protection of the rights and freedoms of other persons. the rights and freedoms of the public to enjoy the place the rights of persons to carry on lawful business in or in association with the place
(sec.48-ssec.3) Without limiting subsection (1) , a direction may require a person to do 1 of the following— leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours; leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours; move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.
(sec.48-ssec.4) The police officer must tell the person or group of persons the reasons for giving the direction.
- 1 If a person sitting in the entrance to a shop is stopping people entering or leaving the shop when it is open for business and the occupier complains, a police officer may give to the person a direction to move away from the entrance.
- 2 If a group of people have been fighting in a nightclub car park, a police officer may give the people involved in the fight a direction to leave the premises in opposite directions to separate the aggressors.
- 3 If a person has approached a primary school child near a school in circumstances that would cause anxiety to a reasonable parent, a police officer may give the person a direction to leave the area near the school.
- (a) public safety; or
- (b) public order; or
- (c) the protection of the rights and freedoms of other persons.
- 1 the rights and freedoms of the public to enjoy the place
- 2 the rights of persons to carry on lawful business in or in association with the place
- (a) leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours;
- (b) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours;
- (c) move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.