42Senior police officer may make public safety order

42 Senior police officer may make public safety order (1) A senior police officer may make a public safety order in relation to a specified person, or a class of persons, for a specified period if satisfied: (a) the person being present at, or members of the class of persons being present at, premises for the period poses a serious risk to public safety or security; and (b) making the order for the period is appropriate. (2) In considering whether to make a public safety order in relation to a person or class of persons, the senior police officer must have regard to the following: (a) whether the person, or members of the class of persons, have previously behaved in a way that posed a serious risk to public safety or security or have a history of engaging in serious criminal activity; (b) whether the person or members of the class of persons: (i) are members or former members of an organisation that is a declared organisation; or (ii) are or have been controlled persons; or (iii) associate, or have associated, with a member of a declared organisation or a controlled person; (c) whether the degree of risk involved justifies the imposition of the prohibition to be specified in the order (having regard, in particular, to any legitimate reason the person or members of the class of persons may have for being present at the relevant premises); (d) the extent to which making the order will mitigate any serious risk to public safety or security; (e) the extent to which the order is necessary having regard to other measures reasonably available to mitigate any serious risk to public safety or security; (f) any other matter the officer thinks fit.

Part 5 Public safety orders Division 1 Making, varying and revoking public safety order Serious Crime Control Act 2009 27 (3) A public safety order: (a) may prohibit a person from being present at premises, regardless of whether the person has a legal or equitable interest in the premises; but (b) must not prohibit the person from being present at premises that are the person's principal place of residence. (4) A person or members of a class of persons being present at premises poses a serious risk to public safety or security if there is a serious risk the presence of the person or members of the class of persons might result in: (a) the death of a person; or (b) serious physical harm to a person; or (c) serious damage to property or an animal. (5) In this section: serious damage includes: (a) in relation to property – the following: (i) destruction of the property; (ii) an alteration to the property that depreciates its value; (iii) rendering the property useless or inoperative; and (b) in relation to an animal – injuring, wounding and killing the animal.