Offences to be taken to involve anti‑social behaviour (Act s. 3(2)) 2
Firearm items and firearms authorisations given up (Act s. 30(1)) 2
Dealing with firearm items or firearms authorisations given up or seized (Act s. 30(2) and 31) 3
Claims for firearm items and firearms authorisations 3
Registrar to provide publication information to CEO 4
Schedule 1 — Offences to be taken to involve anti‑social behaviour
Notes
Compilation table 12
Defined terms
Prohibited Behaviour Orders Act 2010
Prohibited Behaviour Orders Regulations 2011
1. Citation
These regulations are the *Prohibited Behaviour Orders Regulations 2011*.
2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day on which the Prohibited Behaviour Orders Act 2010, other than sections 1 and 2, comes into operation.
3. Terms used
In these regulations, unless the contrary intention appears —
Act means the Prohibited Behaviour Orders Act 2010;
co‑licensee, of a firearm item in respect of which the constrained person holds a firearms authorisation, means another person who holds a firearms authorisation for that firearm item;
Commissioner means the Commissioner of Police;
section means a section of the Act.
[Regulation 3 amended: SL 2022/189 r. 6.]
4. Offences to be taken to involve anti‑social behaviour (Act s. 3(2))
Each offence —
(a) under a provision listed in Schedule 1 column 1; and
(b) committed in the circumstances, if any, specified in Schedule 1 column 2,
is a prescribed offence for the purposes of section 3(2).
5. Firearm items and firearms authorisations given up (Act s. 30(1))
(b) a shorter period, if any, ordered by the court under section 30(4).
(2) This regulation applies for the purposes of section 30(1).
(3) Within the prescribed period after he or she is given a PBO described in section 29, or an order varying a PBO so that it becomes a PBO described in section 29, the constrained person must —
(a) if the constrained person holds a firearms authorisation, give it to a police officer at a police station; and
(b) if the constrained person is in physical possession of a firearm item, give it to —
(i) a police officer at a police station; or
(ii) a co‑licensee of the firearm item, if there is one.
[Regulation 5 amended: SL 2022/189 r. 6.]
6. Dealing with firearm items or firearms authorisations given up or seized (Act s. 30(2) and 31)
(1) This regulation applies for the purposes of sections 30(2) and 31.
(2) The firearm item or firearms authorisation must be held in safe custody by the Commissioner until —
(a) in the case of the firearm item —
(i) it is claimed under regulation 7(1) or (2); or
(ii) it can be lawfully disposed of by the Commissioner;
or
(b) in the case of a firearms authorisation —
(i) it is claimed under regulation 7(2); or
(ii) it ceases to be in force under the Firearms Act 2024.
[(3) deleted]
[Regulation 6 amended: SL 2022/189 r. 4 and 6; SL 2024/300 r. 4.]
7. Claims for firearm items and firearms authorisations
(1) A co‑licensee may claim a firearm item held by the Commissioner under regulation 6.
(2) A constrained person may, after the PBO ceases to be in force, claim a firearm item or firearms authorisation held by the Commissioner under regulation 6.
(3) A claim made under subregulation (1) or (2) must be made in a form approved by the Commissioner.
(4) Subject to subregulation (5), the Commissioner must give the firearm item or firearms authorisation to the claimant.
(5) This regulation —
(a) is subject to the exercise by the Commissioner of functions under the Firearms Act 2024 Part 4 Division 8 or 9, Part 8 or any other provision of that Act; and
(b) does not require the Commissioner to return a firearm item or firearms authorisation to a person if the Commissioner is not satisfied the person is entitled to its lawful possession under the Firearms Act 2024.
[Regulation 7 amended: SL 2022/189 r. 5 and 6; SL 2024/300 r. 5.]
8. Registrar to provide publication information to CEO
(1) In this regulation —
CEO has the meaning given in section 34(1).
(2) After a court makes a PBO under section 6(2) or 24(2)(b), a registrar must cause to be given to the CEO written notice of the following information relating to the PBO —
(a) the name of the constrained person;
(b) the town or suburb where the constrained person lives;
(c) the constraints imposed by the PBO on the activities and behaviour of the constrained person.
(3) After a court makes an order under section 24(2)(a) varying a PBO, a registrar must cause to be given to the CEO written notice of any changes to information referred to in subregulation (2) relating to the PBO.
(4) After a court makes an order under section 24 cancelling a PBO, a registrar must cause to be given to the CEO written notice of that fact.
[Regulation 8 inserted: Gazette 1 Jul 2011 p. 2725‑6.]
Schedule 1 — Offences to be taken to involve anti‑social behaviour
[r. 4]
Bush Fires Act 1954
Provision
Description of offence
s. 32
Offences of lighting or attempting to light fire likely to injure
The Criminal Code
Provision
Description of offence
s. 68B
Being armed in or near place of public entertainment
s. 68C
Being armed in public in company
s. 68
Being armed in a way that may cause fear
s. 69
Forcibly entering land
s. 70A
Trespass
s. 71
Fighting in public causing fear
s. 74
Threatening violence
s. 74A
Disorderly behaviour in public
s. 74B
Causing fear or alarm to people in conveyances and others
s. 77
Conduct intended to incite racial animosity or racist harassment
s. 78
Conduct likely to incite racial animosity or racist harassment
s. 80A
Conduct intended to racially harass
s. 80B
Conduct likely to racially harass
s. 171
Creating false belief
s. 172
Obstructing public officers
s. 202
Obscene acts in public
s. 203
Indecent acts in public
s. 204
Indecent act with intent to offend
s. 204A
Showing offensive material to children under 16 years of age
s. 313
Common assaults
s. 317
Assaults occasioning bodily harm
s. 318
Serious assaults
s. 318B
Assault on retail workers
s. 338A
Threats with intent to influence
s. 338B
Threats
s. 338E
Stalking
s. 378
Stealing a motor vehicle on conviction for which a summary conviction penalty is imposed under The Criminal Code section 426(3)
s. 378
Stealing a thing having a value that does not exceed $1 000
s. 392
Robbery
s. 393
Assault with intent to rob
s. 401
Burglary on conviction for which a summary conviction penalty is imposed under The Criminal Code section 401
s. 444
Criminal damage
s. 445A
Breaching a duty under s. 444A
s. 445
Damaging property
Criminal Investigation Act 2006
Provision
Description of offence
s. 153
Failure to comply with an officer’s order under the Criminal Investigation Act 2006
Liquor Control Act 1988
Provision
Description of offence
s. 115(6)
Remaining in an area adjacent to licensed premises after having been refused entry to, or required to leave, the premises
s. 115(7)
Re‑entering licensed premises within 24 hours of being refused entry to, or required to leave, the premises
s. 119(1)
Consuming liquor in a place or premises without the consent of the occupier or person having control of the place or premises
s. 119(2)
Bringing liquor into, or possessing or consuming liquor in, a sports ground or stadium
s. 119(4)
Consuming liquor in a public place except under an exemption, licence or permit
s. 121(3)
Purchasing or obtaining liquor on licensed premises on behalf of a juvenile
s. 123(1)
Juvenile purchasing, obtaining or consuming liquor on, or bringing liquor onto, licensed or regulated premises
s. 123(2)
Juvenile possessing liquor in a public place
s. 124
Sending a juvenile to licensed or regulated premises for the purpose of obtaining liquor
s. 126(4)
Re‑entering licensed or regulated premises within 24 hours of being required to leave, or removed from, the premises under section 126
s. 126(5)
Remaining in an area adjacent to licensed premises after having been required to leave, or being removed from, the premises
Misuse of Drugs Act 1981
Provision
Description of offence
s. 5
Offences concerned with prohibited drugs and prohibited plants in relation to premises and utensils
s. 6
Offences concerned with prohibited drugs generally
s. 7
Offences concerned with prohibited plants generally
Prostitution Act 2000
Provision
Description of offence
s. 5
Seeking prostitute in or in view or within hearing of public place
s. 6
Seeking client in or in view or within hearing of public place
Public Transport Authority Act 2003
Provision
Description of offence
s. 64B
Contravention of a prohibition order
Public Transport Authority Regulations 2003
Provision
Description of offence
r. 7
Interfering with Authority property
r. 13
Causing nuisance or annoyance to persons in or an a conveyance or facility
r. 15
Damaging a conveyance or facility
r. 40
Obstructing an authorised person
Road Traffic Act 1974
Provision
Description of offence
s. 59
Dangerous driving causing death, injury etc.
s. 59A
Dangerous driving causing bodily harm
s. 60
Reckless driving
s. 61
Dangerous driving
s. 62
Careless driving
s. 62A
Causing excessive noise, smoke
s. 63
Driving under the influence of alcohol etc.
s. 64
Driving with blood alcohol content of or above 0.08
s. 64AA
Driving with blood alcohol content of or above 0.05
s. 64B(1)
Driving with blood alcohol content of or above 0.05 with prescribed illicit drug in oral fluid or blood
s. 64B(3)
Driving with blood alcohol content of or above 0.08 with prescribed illicit drug in oral fluid or blood
s. 67AD(2)
Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.05
s. 67AD(4)
Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.08
s. 67AD(6)
Failure to comply with drug test requirement for persons with blood alcohol content of or above 0.15
Weapons Act 1999
Provision
Description of offence
s. 6
Prohibited weapons
s. 6A
Edged weapons
s. 7
Controlled weapons
s. 8
Other articles carried or possessed as weapons
[Schedule 1 amended: SL 2021/56 r. 7; SL 2024/146 r. 4; SL 2024/280 r. 4.]
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Notes
This is a compilation of the Prohibited Behaviour Orders Regulations 2011 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
Compilation table
Citation
Published
Commencement
Prohibited Behaviour Orders Regulations 2011
23 Feb 2011 p. 635-48
r. 1 and 2: 23 Feb 2011 (see r. 2(a));<br>Regulations other than r. 1 and 2: 23 Feb 2011 (see r. 2(b) and Gazette 23 Feb 2011 p. 633)
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