sec.129BPower to detain person to prevent continuation of detainable offence

### sec.129B Power to detain person to prevent continuation of detainable offence This section applies if a transit officer— finds a person on or in public transport infrastructure committing a detainable offence; and reasonably believes that it is necessary to detain the person because of circumstances mentioned in subsection (2) . For subsection (1) (b) , the circumstances are— the person has been given a direction to leave the public transport infrastructure under this Act, and has failed to comply with the direction; or the person’s conduct will, or is likely to, result in— bodily or other harm to the person or another person on or in the public transport infrastructure; or damage to property on or in the public transport infrastructure; or it is likely that, if the person were given a direction to leave the public transport infrastructure under this Act, the person will repeat the offence or commit a similar offence on or in other public transport infrastructure immediately or soon after complying with the direction; or having regard to the nature of the person’s conduct, the person is unlikely to comply with a direction to leave the public transport infrastructure under this Act. A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable. Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave. The transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer. s 129B ins 2008 No. 67 s 223 (sec.129B-ssec.1) This section applies if a transit officer— finds a person on or in public transport infrastructure committing a detainable offence; and reasonably believes that it is necessary to detain the person because of circumstances mentioned in subsection (2) . (sec.129B-ssec.2) For subsection (1) (b) , the circumstances are— the person has been given a direction to leave the public transport infrastructure under this Act, and has failed to comply with the direction; or the person’s conduct will, or is likely to, result in— bodily or other harm to the person or another person on or in the public transport infrastructure; or damage to property on or in the public transport infrastructure; or it is likely that, if the person were given a direction to leave the public transport infrastructure under this Act, the person will repeat the offence or commit a similar offence on or in other public transport infrastructure immediately or soon after complying with the direction; or having regard to the nature of the person’s conduct, the person is unlikely to comply with a direction to leave the public transport infrastructure under this Act. A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable. Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave. (sec.129B-ssec.3) The transit officer may detain the person, using force that is reasonably necessary for the purpose, until the person can be delivered to a police officer. - (a) finds a person on or in public transport infrastructure committing a detainable offence; and - (b) reasonably believes that it is necessary to detain the person because of circumstances mentioned in subsection (2) . - (a) the person has been given a direction to leave the public transport infrastructure under this Act, and has failed to comply with the direction; or - (b) the person’s conduct will, or is likely to, result in— (i) bodily or other harm to the person or another person on or in the public transport infrastructure; or (ii) damage to property on or in the public transport infrastructure; or - (i) bodily or other harm to the person or another person on or in the public transport infrastructure; or - (ii) damage to property on or in the public transport infrastructure; or - (c) it is likely that, if the person were given a direction to leave the public transport infrastructure under this Act, the person will repeat the offence or commit a similar offence on or in other public transport infrastructure immediately or soon after complying with the direction; or - (d) having regard to the nature of the person’s conduct, the person is unlikely to comply with a direction to leave the public transport infrastructure under this Act. Examples of when paragraph (d) may apply— 1 A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable. 2 Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave. - 1 A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable. - 2 Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave. - (i) bodily or other harm to the person or another person on or in the public transport infrastructure; or - (ii) damage to property on or in the public transport infrastructure; or - 1 A person on or in public transport infrastructure is acting in a way that suggests the person is uncontrollable. - 2 Two or more persons on or in public transport infrastructure are engaged in an intense struggle and are unlikely to hear or register a direction to leave.