SAIn ForceAct
Summary Offences Act 1953
Div 2Maintaining public order and safety in declared public precinct
Start here
Get a plain-English read of Div 2
Turn the raw legal text into a practical explanation grounded in Summary Offences Act 1953.
Division 2—Maintaining public order and safety in declared public precinct
66O—Request to leave declared public precinct
(1) If a person is within a declared public precinct, or a group of persons is assembled within a declared public precinct, and a police officer believes or apprehends on reasonable grounds that—
(a) an offence of a kind that may pose a risk to public order and safety has been, or is about to be, committed by that person or by 1 or more of the persons in the group; or
(b) the presence of that person, or of the group of persons, poses a risk to public order and safety,
the officer may order that person, or persons in that group, to leave the declared public precinct.
(2) A person who, having been ordered to leave a declared public precinct pursuant to this section—
(a) remains in the declared public precinct after having been so ordered; or
(b) re‑enters, or attempts to re‑enter, the declared public precinct during that declared public precinct period,
(3) If a person fails to leave a declared public precinct when ordered to under subsection (1), or re‑enters a declared public precinct in contravention of subsection (2)(b), a police officer may use necessary and reasonable force to remove the person from the declared public precinct.
66P—Offensive or disorderly conduct
(1) A person must not behave in an offensive or disorderly manner within a declared public precinct.
Expiation fee: $250.
(2) This section does not apply to any behaviour involving violence or a threat of violence.
66Q—Offensive weapons and dangerous articles
(1) A person who, without lawful excuse, carries an offensive weapon or dangerous article within a declared public precinct is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years.
dangerous article has the same meaning as in Part 3A;
offensive weapon has the same meaning as in Part 3A.
66R—Power to conduct metal detector searches etc
(1) A police officer may, for the purpose of detecting the commission of an offence under section 66Q or Part 3A, carry out a search in relation to—
(a) any person present within a declared public precinct; and
(2) The following provisions apply to a search carried out in accordance with this section:
(b) if the metal detector search indicates the presence or likely presence of metal, a police officer may require the person to produce items detected by the metal detector (and, for the purpose of determining whether or not the person has produced such items, may conduct further metal detector searches);
(c) if the person refuses or fails to produce any such item, a police officer may, for the purpose of identifying the item, conduct a search in relation to the person or property (which need not be a metal detector search but may be conducted as if it were a search of a person who is reasonably suspected of having on or about his or her person an object, possession of which constitutes an offence).
metal detector search means a search conducted—
(a) using only a metal detector of a kind approved by the Commissioner; and
(b) in accordance with any directions issued by the Commissioner.
66S—Power to carry out general drug detection
A police officer may carry out general drug detection under the Controlled Substances Act 1984 in relation to any person present within a declared public precinct (and, for the purposes of the Controlled Substances Act 1984, a declared public precinct will be taken to be an area to which section 52A of that Act applies).
66T—Declared public precinct barring order
(1) If a person commits an offence of a kind that may pose a risk to public order and safety, or behaves in an offensive or disorderly manner, within a declared public precinct, a police officer may, by order served on the person, do 1 or both of the following:
(a) bar the person from entering or remaining within the declared public precinct for a period specified in the order (which must not extend beyond the declared public precinct period);
(b) bar the person from entering or remaining within any other declared public precinct specified in the order for a period specified in the order (which must not extend beyond 24 hours after the time of the order).
(2) An order under subsection (1)(b) in relation to a declared public precinct may only operate during the declared public precinct period for that declared public precinct.
(3) A person who enters or remains within a declared public precinct from which he or she is barred under this section is guilty of an offence.
Maximum penalty: $2 500.
(4) A police officer may, by subsequent order served on a person, revoke an order under this section.
66U—Hindering police
A person must not—
(a) hinder or obstruct a police officer, or a person accompanying a police officer, in the exercise of the powers conferred by section 66R or section 66S; or
(b) refuse or fail to comply with a requirement made of the person, or a direction given to the person, pursuant to section 66R or section 66S.