sec.129ZOMaking a civil banning order

### sec.129ZO Making a civil banning order The court may make a civil banning order for a respondent if satisfied— either— within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and if paragraph (a) (ii) applies, the infringement notices have been dealt with under the State Penalties Enforcement Act 1999 ; and unless the order is made, the respondent would pose an unacceptable risk to— the good order or management of the public transport network; or the safety and welfare of persons using the public transport network. In considering whether to make, or the terms of, the order, the court must have regard to all of the circumstances of the case, including the following— whether the respondent is, or has been, subject to another civil banning order; whether the respondent is subject to a condition, relating to the use of the public transport network, under the Bail Act 1980 , section 11 ; whether the respondent, or any other person, was charged with an offence arising out of the act of violence mentioned in subsection (1) (a) (i) and the result of any proceeding in relation to the charge; whether the respondent, or any other person, was charged with an offence arising out of a relevant offence mentioned in subsection (1) (a) (ii) and the result of any proceeding in relation to the charge; whether the respondent is subject to an exclusion order; the respondent’s criminal history; whether the making of the order is likely to cause undue hardship to the respondent or the respondent’s family— by depriving the respondent of the respondent’s way of earning a living; or in another way, including, for example, by depriving the respondent of the ability— to study; or to maintain the respondent’s health or the health of a member of the respondent’s family; the effect the order would have on the respondent’s safety and wellbeing, having regard to the respondent’s age and any physical, intellectual or psychiatric disability; any other of the respondent’s personal circumstances and the likely effect of the order on those circumstances. This section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, a civil banning order under this part in relation to a person. The court may impose any conditions it considers necessary on a civil banning order. The court may make a civil banning order whether or not the respondent has been charged with, convicted of, acquitted of, or sentenced for an offence arising out of the act of violence mentioned in subsection (1) (a) (i) . For subsection (7) , definition dealt with , a reference in the State Penalties Enforcement Act 1999 to an alleged offender is taken to be a reference to the respondent. In this section— dealt with , for an infringement notice for a relevant offence served on a respondent, means one of the following has happened under the State Penalties Enforcement Act 1999 — the respondent has paid the fine for the infringement notice in full; the respondent has elected to have the matter of the relevant offence dealt with by a Magistrates Court and the matter has been finally decided against the respondent; the respondent has applied for approval to pay the fine for the infringement notice by instalments; an order has been made against the respondent for the relevant offence under section 38 of that Act. relevant act of violence means an act of violence— committed by a person on the public transport network, against another person or property, without a reasonable excuse; and of a nature that would cause a person on public transport infrastructure to reasonably fear bodily harm to any person or damage to property. s 129ZO ins 2011 No. 12 s 88 amd 2012 No. 31 s 24 amd 2017 No. 13 s 90 sch 1 (amd 2017 No. 18 s 37 sch 1 ) (uncommenced amendment) (sec.129ZO-ssec.1) The court may make a civil banning order for a respondent if satisfied— either— within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and if paragraph (a) (ii) applies, the infringement notices have been dealt with under the State Penalties Enforcement Act 1999 ; and unless the order is made, the respondent would pose an unacceptable risk to— the good order or management of the public transport network; or the safety and welfare of persons using the public transport network. (sec.129ZO-ssec.2) In considering whether to make, or the terms of, the order, the court must have regard to all of the circumstances of the case, including the following— whether the respondent is, or has been, subject to another civil banning order; whether the respondent is subject to a condition, relating to the use of the public transport network, under the Bail Act 1980 , section 11 ; whether the respondent, or any other person, was charged with an offence arising out of the act of violence mentioned in subsection (1) (a) (i) and the result of any proceeding in relation to the charge; whether the respondent, or any other person, was charged with an offence arising out of a relevant offence mentioned in subsection (1) (a) (ii) and the result of any proceeding in relation to the charge; whether the respondent is subject to an exclusion order; the respondent’s criminal history; whether the making of the order is likely to cause undue hardship to the respondent or the respondent’s family— by depriving the respondent of the respondent’s way of earning a living; or in another way, including, for example, by depriving the respondent of the ability— to study; or to maintain the respondent’s health or the health of a member of the respondent’s family; the effect the order would have on the respondent’s safety and wellbeing, having regard to the respondent’s age and any physical, intellectual or psychiatric disability; any other of the respondent’s personal circumstances and the likely effect of the order on those circumstances. (sec.129ZO-ssec.3) This section does not limit the matters to which the court may have regard in considering whether or not to make, or the terms of, a civil banning order under this part in relation to a person. (sec.129ZO-ssec.4) The court may impose any conditions it considers necessary on a civil banning order. (sec.129ZO-ssec.5) The court may make a civil banning order whether or not the respondent has been charged with, convicted of, acquitted of, or sentenced for an offence arising out of the act of violence mentioned in subsection (1) (a) (i) . (sec.129ZO-ssec.6) For subsection (7) , definition dealt with , a reference in the State Penalties Enforcement Act 1999 to an alleged offender is taken to be a reference to the respondent. (sec.129ZO-ssec.7) In this section— dealt with , for an infringement notice for a relevant offence served on a respondent, means one of the following has happened under the State Penalties Enforcement Act 1999 — the respondent has paid the fine for the infringement notice in full; the respondent has elected to have the matter of the relevant offence dealt with by a Magistrates Court and the matter has been finally decided against the respondent; the respondent has applied for approval to pay the fine for the infringement notice by instalments; an order has been made against the respondent for the relevant offence under section 38 of that Act. relevant act of violence means an act of violence— committed by a person on the public transport network, against another person or property, without a reasonable excuse; and of a nature that would cause a person on public transport infrastructure to reasonably fear bodily harm to any person or damage to property. - (a) either— (i) within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or (ii) within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and - (i) within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or - (ii) within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and - (b) if paragraph (a) (ii) applies, the infringement notices have been dealt with under the State Penalties Enforcement Act 1999 ; and - (c) unless the order is made, the respondent would pose an unacceptable risk to— (i) the good order or management of the public transport network; or (ii) the safety and welfare of persons using the public transport network. - (i) the good order or management of the public transport network; or - (ii) the safety and welfare of persons using the public transport network. - (i) within 12 months before the date of the application for the civil banning order, the respondent committed a relevant act of violence; or - (ii) within any 12-month period occurring in the 2 years before the date of the application for the civil banning order, the respondent was served 10 or more infringement notices for a relevant offence or relevant offences; and - (i) the good order or management of the public transport network; or - (ii) the safety and welfare of persons using the public transport network. - (a) whether the respondent is, or has been, subject to another civil banning order; - (b) whether the respondent is subject to a condition, relating to the use of the public transport network, under the Bail Act 1980 , section 11 ; - (c) whether the respondent, or any other person, was charged with an offence arising out of the act of violence mentioned in subsection (1) (a) (i) and the result of any proceeding in relation to the charge; - (d) whether the respondent, or any other person, was charged with an offence arising out of a relevant offence mentioned in subsection (1) (a) (ii) and the result of any proceeding in relation to the charge; - (e) whether the respondent is subject to an exclusion order; - (f) the respondent’s criminal history; - (g) whether the making of the order is likely to cause undue hardship to the respondent or the respondent’s family— (i) by depriving the respondent of the respondent’s way of earning a living; or (ii) in another way, including, for example, by depriving the respondent of the ability— (A) to study; or (B) to maintain the respondent’s health or the health of a member of the respondent’s family; - (i) by depriving the respondent of the respondent’s way of earning a living; or - (ii) in another way, including, for example, by depriving the respondent of the ability— (A) to study; or (B) to maintain the respondent’s health or the health of a member of the respondent’s family; - (A) to study; or - (B) to maintain the respondent’s health or the health of a member of the respondent’s family; - (h) the effect the order would have on the respondent’s safety and wellbeing, having regard to the respondent’s age and any physical, intellectual or psychiatric disability; - (i) any other of the respondent’s personal circumstances and the likely effect of the order on those circumstances. - (i) by depriving the respondent of the respondent’s way of earning a living; or - (ii) in another way, including, for example, by depriving the respondent of the ability— (A) to study; or (B) to maintain the respondent’s health or the health of a member of the respondent’s family; - (A) to study; or - (B) to maintain the respondent’s health or the health of a member of the respondent’s family; - (A) to study; or - (B) to maintain the respondent’s health or the health of a member of the respondent’s family; - (a) the respondent has paid the fine for the infringement notice in full; - (b) the respondent has elected to have the matter of the relevant offence dealt with by a Magistrates Court and the matter has been finally decided against the respondent; - (c) the respondent has applied for approval to pay the fine for the infringement notice by instalments; - (d) an order has been made against the respondent for the relevant offence under section 38 of that Act. - (a) committed by a person on the public transport network, against another person or property, without a reasonable excuse; and - (b) of a nature that would cause a person on public transport infrastructure to reasonably fear bodily harm to any person or damage to property.