9Access zones

### 9 Access zones > > (1)  In this section – > > > > > ***access zone*** means an area within a radius of 150 metres from premises at which terminations are provided; > > > > > ***distribute*** includes – > > > > > > > > (a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and > > > > > > > > > (b) make available for access by someone, whether by a particular person or not; and > > > > > > > > > (c) enter into an agreement or arrangement to do anything mentioned in [paragraph (a)](#GS9@Gs1@Nd44201310114@Hpa@EN) or [(b)](#GS9@Gs1@Nd44201310114@Hpb@EN) ; and > > > > > > > > > (d) attempt to distribute; > > > > > ***prohibited behaviour*** means – > > > > > > > > (a) in relation to a person, besetting, harassing, intimidating, interfering with, threatening, hindering, obstructing or impeding that person; or > > > > > > > > > (b) a protest in relation to terminations that is able to be seen or heard by a person accessing, or attempting to access, premises at which terminations are provided; or > > > > > > > > > (c) footpath interference in relation to terminations; or > > > > > > > > > (d) intentionally recording, by any means, a person accessing or attempting to access premises at which terminations are provided without that person's consent; or > > > > > > > > > (e) any other prescribed behaviour. > > > (2)  A person must not engage in prohibited behaviour within an access zone. > > > > Penalty:  Fine not exceeding 75 penalty units or imprisonment for a term not exceeding 12 months, or both. > > > (3)  A person is not guilty of engaging in prohibited behaviour within an access zone by intentionally recording, by any means, a person accessing or attempting to access premises at which terminations are provided without that person's consent if, at the time of making the recording – > > > > > > (a) the first-mentioned person is a law enforcement officer acting in the course of his or her duties as such an officer; and > > > > > > > (b) his or her conduct is reasonable in the circumstances for the performance of those duties. > > > (4)  A person must not publish or distribute a recording of another person accessing or attempting to access premises at which terminations are provided without that other person's consent. > > > > Penalty:  Fine not exceeding 75 penalty units or imprisonment for a term not exceeding 12 months, or both. > > > (5)  If a police officer reasonably believes a person is committing or has committed an offence – > > > > > > (a) under [subsection (2)](#GS9@Gs2@EN) that involves recording, by any means, a person accessing or attempting to access premises at which terminations are provided, without that person's consent; or > > > > > > > (b) under [subsection (4)](#GS9@Gs4@EN)  – > > > > > > the police officer may – > > > > > > > (c) detain and search that person; and > > > > > > > (d) seize and retain the recording and any equipment used to produce, publish or distribute the recording found in the possession of that person. > > > (6)  If a person is convicted or found guilty of an offence under [subsection (2)](#GS9@Gs2@EN) or [(4)](#GS9@Gs4@EN) , any item seized under [subsection (5)](#GS9@Gs5@EN) is forfeited to the Crown and is to be destroyed or disposed of in a manner approved by the Minister administering the [Police Service Act 2003](/view/html/inforce/2026-04-12/act-2003-075) . > > > (7)  If a police officer reasonably believes a person is committing or has committed an offence under [subsection (2)](#GS9@Gs2@EN) or [(4)](#GS9@Gs4@EN) , the police officer may require that person to state his or her name and the address of his or her place of abode. > > > (8)  A person must not fail or refuse to comply with a requirement under [subsection (7)](#GS9@Gs7@EN) or, in response to such a requirement, state a name or address that is false. > > > > Penalty:  Fine not exceeding 2 penalty units. > > > (9)  A police officer making a requirement under [subsection (7)](#GS9@Gs7@EN) may arrest, without warrant, a person who fails or refuses to comply with that requirement or who, in response to the requirement, gives a name or address that the police officer reasonably believes is false.