sec.602FExtended police banning notice

### sec.602F Extended police banning notice This section applies if an initial police banning notice has been given to the respondent for the notice. A police officer of at least the rank of senior sergeant may decide, on the officer’s own initiative, to make 1 or more of the changes mentioned in subsection (3) to the initial police banning notice by giving the respondent a new police banning notice (an extended police banning notice ). For subsection (2) , the changes are the following— extend the duration of the initial police banning notice to the end of a day that is no more than 3 months after the day the initial police banning notice took effect; state additional relevant public places; state additional days or times for the purposes of section 602B (2) . Before making a decision under subsection (2) , the police officer must be reasonably satisfied giving the extended police banning notice is necessary after considering the following matters— the respondent’s behaviour (the relevant behaviour ) that led to the respondent being given the initial police banning notice; whether the respondent has been charged with an offence, a proceeding has been commenced, or an infringement notice has been issued, in relation to— the relevant behaviour; or other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property; whether the respondent is, or previously has been, subject to— a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or a special condition mentioned in the Bail Act 1980 , section 11 (3) ; whether the respondent has previously received a police banning notice, other than a notice that has been cancelled; whether the respondent has been found guilty of an offence, if the officer reasonably considers the circumstances in which the offence was committed are similar to the relevant behaviour or involved violence to a person or property; the respondent’s personal circumstances and the likely effect of giving the extended police banning notice on those circumstances; other matters the officer reasonably considers are related to the relevant behaviour. However, the police officer may decide to give an extended police banning notice only if the decision is made at least 3 days before the initial police banning notice stops having effect. The police officer must, when giving the respondent the extended police banning notice, also give written notice of the officer’s reasons for the decision. s 602F ins 2014 No. 42 s 118 amd 2020 No. 7 s 44 ; 2021 No. 7 s 53 (sec.602F-ssec.1) This section applies if an initial police banning notice has been given to the respondent for the notice. (sec.602F-ssec.2) A police officer of at least the rank of senior sergeant may decide, on the officer’s own initiative, to make 1 or more of the changes mentioned in subsection (3) to the initial police banning notice by giving the respondent a new police banning notice (an extended police banning notice ). (sec.602F-ssec.3) For subsection (2) , the changes are the following— extend the duration of the initial police banning notice to the end of a day that is no more than 3 months after the day the initial police banning notice took effect; state additional relevant public places; state additional days or times for the purposes of section 602B (2) . (sec.602F-ssec.4) Before making a decision under subsection (2) , the police officer must be reasonably satisfied giving the extended police banning notice is necessary after considering the following matters— the respondent’s behaviour (the relevant behaviour ) that led to the respondent being given the initial police banning notice; whether the respondent has been charged with an offence, a proceeding has been commenced, or an infringement notice has been issued, in relation to— the relevant behaviour; or other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property; whether the respondent is, or previously has been, subject to— a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or a special condition mentioned in the Bail Act 1980 , section 11 (3) ; whether the respondent has previously received a police banning notice, other than a notice that has been cancelled; whether the respondent has been found guilty of an offence, if the officer reasonably considers the circumstances in which the offence was committed are similar to the relevant behaviour or involved violence to a person or property; the respondent’s personal circumstances and the likely effect of giving the extended police banning notice on those circumstances; other matters the officer reasonably considers are related to the relevant behaviour. (sec.602F-ssec.5) However, the police officer may decide to give an extended police banning notice only if the decision is made at least 3 days before the initial police banning notice stops having effect. (sec.602F-ssec.6) The police officer must, when giving the respondent the extended police banning notice, also give written notice of the officer’s reasons for the decision. - (a) extend the duration of the initial police banning notice to the end of a day that is no more than 3 months after the day the initial police banning notice took effect; - (b) state additional relevant public places; - (c) state additional days or times for the purposes of section 602B (2) . - (a) the respondent’s behaviour (the relevant behaviour ) that led to the respondent being given the initial police banning notice; - (b) whether the respondent has been charged with an offence, a proceeding has been commenced, or an infringement notice has been issued, in relation to— (i) the relevant behaviour; or (ii) other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property; - (i) the relevant behaviour; or - (ii) other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property; - (c) whether the respondent is, or previously has been, subject to— (i) a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or (ii) a special condition mentioned in the Bail Act 1980 , section 11 (3) ; - (i) a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or - (ii) a special condition mentioned in the Bail Act 1980 , section 11 (3) ; - (d) whether the respondent has previously received a police banning notice, other than a notice that has been cancelled; - (e) whether the respondent has been found guilty of an offence, if the officer reasonably considers the circumstances in which the offence was committed are similar to the relevant behaviour or involved violence to a person or property; - (f) the respondent’s personal circumstances and the likely effect of giving the extended police banning notice on those circumstances; - (g) other matters the officer reasonably considers are related to the relevant behaviour. - (i) the relevant behaviour; or - (ii) other behaviour of the respondent that the officer reasonably considers is similar to the relevant behaviour or involves violence to a person or property; - (i) a court banning order made under the Penalties and Sentences Act 1992 , part 3B ; or - (ii) a special condition mentioned in the Bail Act 1980 , section 11 (3) ;