VICIn ForceAct
Summary Offences Act 1966
6DDirection to remove face covering worn at public protest
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6D Direction to remove face covering worn at public protest
(1) A police officer may direct a person who is wearing a face covering to cease wearing the face covering as soon as reasonably practicable if—
(a) the person is at a place where a public protest is occurring; and
(b) the police officer believes on reasonable grounds that the person—
(i) committed an offence at that place while the public protest was occurring; or
(ii) intends to commit an offence at that place while the public protest is occurring.
The offence may be an offence against section 195N(1) of the **Crimes Act 1958**. That offence relates to conduct that is likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of, another person or a group of persons, and that is engaged in on the ground of a protected attribute.
(2) When giving a direction under subsection (1), the police officer may also direct the person to neither resume wearing the face covering, nor wear any other face covering, while at a place where the public protest is occurring.
(3) A police officer may also direct a person who is wearing a face covering to cease wearing the face covering as soon as reasonably practicable if—
(a) the person—
(i) has left a place where a public protest was occurring; or
(ii) is at a place where a public protest was occurring but is no longer occurring; and
(b) no more than a reasonable amount of time has elapsed since the person left the place or the public protest stopped occurring at that place; and
(c) the police officer believes on reasonable grounds that the person committed an offence at that place while the public protest was occurring at that place.
(4) Immediately before or after giving a direction under subsection (1), (2) or (3), the police officer must warn the person that it is an offence to fail to comply with the direction without a reasonable excuse.
(5) A direction under subsection (1), (2) or (3), and a warning under subsection (4), may be given orally or in writing.
(6) A person who—
(a) has been given a direction under subsection (1), (2) or (3); and
(b) has been given a warning under subsection (4)—
must not, without reasonable excuse, fail to comply with the direction.
Penalty: 5 penalty units.
(7) Without limiting what may be a reasonable excuse for failing to comply with a direction given under this section, it is a reasonable excuse that the face covering is being worn reasonably and in good faith for—
(a) a genuine religious or cultural purpose; or
(b) a genuine medical purpose.