sec.581Powers of police officer to deal with excessive noise

### sec.581 Powers of police officer to deal with excessive noise This section applies if a police officer is reasonably satisfied that noise to which this part applies is excessive in the circumstances. The police officer may enter the place without warrant. The police officer must give the person responsible for the noise a direction ( noise abatement direction )— orally or in writing; or if the direction relates to noise emitted by a motorbike being driven on a place other than a road—by a notice in the approved form. Also, if the person to whom the direction is given under subsection (3) (b) is a child, a copy of the notice must be given to the child’s parent or guardian if it is reasonably practicable to do so. A direction given under subsection (3) (a) must direct any person responsible for the noise, or for permitting the noise to be caused, to immediately abate the excessive noise from the place. A notice given to a person under subsection (3) (b) must direct the driver to immediately abate the excessive noise from the motorbike and include— the time the notice was given; and the name and other particulars of the person given the direction; and the particulars necessary to properly identify the motorbike; and a general description of the place or, if the noise abatement direction relates only to a part of the place, the part of the place to which the direction relates. Unless otherwise stated, the noise abatement direction applies to the whole of the place to which it relates. However, a notice given under subsection (3) (b) may be limited to a stated part of a place if the police officer giving the notice is satisfied, having regard, for example, to the size or topography of the place— the driving of the motorbike on the stated part of the place is appropriate; and another complaint about noise emitted from the motorbike is unlikely to be made if the motorbike is driven on the place but not on the part of the place stated in the notice. For subsection (5) , persons responsible for noise include— if the noise is being emitted from or by a motor vehicle—the person driving the motor vehicle; or if the noise is being emitted from another place—the person apparently in charge of the place. s 581 (prev s 288) renum 2000 No. 22 s 19 amd 2002 No. 33 s 10 sub 2005 No. 64 s 19 (sec.581-ssec.1) This section applies if a police officer is reasonably satisfied that noise to which this part applies is excessive in the circumstances. (sec.581-ssec.2) The police officer may enter the place without warrant. (sec.581-ssec.3) The police officer must give the person responsible for the noise a direction ( noise abatement direction )— orally or in writing; or if the direction relates to noise emitted by a motorbike being driven on a place other than a road—by a notice in the approved form. (sec.581-ssec.4) Also, if the person to whom the direction is given under subsection (3) (b) is a child, a copy of the notice must be given to the child’s parent or guardian if it is reasonably practicable to do so. (sec.581-ssec.5) A direction given under subsection (3) (a) must direct any person responsible for the noise, or for permitting the noise to be caused, to immediately abate the excessive noise from the place. (sec.581-ssec.6) A notice given to a person under subsection (3) (b) must direct the driver to immediately abate the excessive noise from the motorbike and include— the time the notice was given; and the name and other particulars of the person given the direction; and the particulars necessary to properly identify the motorbike; and a general description of the place or, if the noise abatement direction relates only to a part of the place, the part of the place to which the direction relates. (sec.581-ssec.7) Unless otherwise stated, the noise abatement direction applies to the whole of the place to which it relates. (sec.581-ssec.8) However, a notice given under subsection (3) (b) may be limited to a stated part of a place if the police officer giving the notice is satisfied, having regard, for example, to the size or topography of the place— the driving of the motorbike on the stated part of the place is appropriate; and another complaint about noise emitted from the motorbike is unlikely to be made if the motorbike is driven on the place but not on the part of the place stated in the notice. (sec.581-ssec.9) For subsection (5) , persons responsible for noise include— if the noise is being emitted from or by a motor vehicle—the person driving the motor vehicle; or if the noise is being emitted from another place—the person apparently in charge of the place. - (a) orally or in writing; or - (b) if the direction relates to noise emitted by a motorbike being driven on a place other than a road—by a notice in the approved form. - (a) the time the notice was given; and - (b) the name and other particulars of the person given the direction; and - (c) the particulars necessary to properly identify the motorbike; and - (d) a general description of the place or, if the noise abatement direction relates only to a part of the place, the part of the place to which the direction relates. - (a) the driving of the motorbike on the stated part of the place is appropriate; and - (b) another complaint about noise emitted from the motorbike is unlikely to be made if the motorbike is driven on the place but not on the part of the place stated in the notice. - (a) if the noise is being emitted from or by a motor vehicle—the person driving the motor vehicle; or - (b) if the noise is being emitted from another place—the person apparently in charge of the place.