23BSpecial powers to declare restrictions on holding of public assemblies

23B Special powers to declare restrictions on holding of public assemblies

23B Special powers to declare restrictions on holding of public assemblies

(1) This section applies if—

(a) an authorisation is given under section 6 by a police officer, or

(b) a declaration is made under Part 2AAA by the Commissioner of Police.

(2) The Commissioner of Police or a Deputy Commissioner of Police may, by written instrument, make a declaration (a public assembly restriction declaration) that an area described in the declaration is an area in which the authorisation of the holding of public assemblies is restricted.

Note—

See section 23F, which provides for Ministerial concurrence or confirmation of the making of the public assembly restriction declaration.

(3) A public assembly restriction declaration may be made—

(a) within 14 days after the making of an authorisation or declaration referred to in subsection (1), and

(b) only if the Commissioner or Deputy Commissioner making the declaration is satisfied the holding of public assemblies in the area to which the declaration applies would be likely to cause—

(i) a reasonable person to fear—

(A) harassment, intimidation or violence, or

(B) for the person’s safety, or

(ii) a risk to community safety, including the safety of participants in public assemblies in the area.

(4) A public assembly restriction declaration—

(a) commences when the declaration is made, and

(b) ends 14 days after the day on which the declaration is made unless the declaration—

(i) is extended under section 23C, or

(ii) ceases to have effect under section 23F(3)(b), or

(iii) is sooner revoked under section 23G.

s 23B: Ins 2025 No 86, Sch 6[2].