New South Wales Consolidated Acts
[Search this Act]
LIQUOR ACT 2007 - SECT 116AE
Long-term banning orders-high risk venues
(1) The Authority may, by order in writing (a
"long-term banning order" ), prohibit a person from entering or remaining on
any high risk venue for such period (not exceeding 12 months) as is specified
in the order.
(2) A long-term banning order may only be made on application
by the Commissioner of Police in the manner approved by the Authority.
The Authority may make a long-term banning order only if the Authority is
satisfied that the person the subject of the proposed order:
(a) has been
charged with, or found guilty of, a serious indictable offence involving
violence that was committed by the person in a public place or on
relevant premises while the person or any victim of the offence was affected
by alcohol, or
(a1) has been charged with, or found guilty of, a serious
indictable offence involving violence that was committed by the person on or
in the vicinity of licensed premises and the person was, at the time of the
(i) the licensee or manager of the premises, or
(ii) working or
performing services of any kind on the premises in the course of any
employment (whether paid or unpaid) or in a volunteer capacity, being work or
services related to the business carried on under the licence,
(b) has been
given 3 temporary banning orders during a period of 12 consecutive months.
(4) The Authority may not make a long-term banning order unless the person the
subject of the proposed order has been given notice of the application for the
order and has been given a reasonable opportunity to make submissions to the
Authority in relation to the application.
(5) In deciding whether to make a
long-term banning order on the ground that a person has been given 3
temporary banning orders, the Authority may take into consideration the
circumstances that resulted in the person being given those orders.
long-term banning order takes effect on the date specified by the Authority in
the order. Notice of the making of the order is to be given to the person who
is the subject of the order, but failure to give notice does not affect the
operation of the order if a reasonable attempt has been made to notify the
(7) As soon as practicable after the Authority makes a
long-term banning order, the Authority is to provide the
approved system provider with the following information:
(a) the name and
address of the person who is the subject of the order,
(b) the period that
the order is in force.
(8) The approved system provider is required to
immediately record that information in the
Kings Cross precinct ID scanner system.
(8A) A long-term banning order made
on the ground that a person has been charged with, or found guilty of, a
serious indictable offence is revoked if the charge is withdrawn or dismissed
or the finding is overturned on appeal.
(9) A person who is the subject of a
long-term banning order must not enter or attempt to enter or remain on any
high risk venue during the period specified in the order.
Maximum penalty: 100
(10) In subsection (3) (a):
"public place" includes a place:
(a) of public resort open to or used by the
public as of right, or
(b) for the time being:
(i) used for a public purpose,
(ii) open to access by the public, whether on payment or otherwise, or
(c) open to access by the public by the express or implied permission of the
owner of the place, whether the place is or is not always open to the public.
"relevant premises" means any of the following:
(a) licensed premises,
premises declared under section 3 of the Restricted Premises Act 1943 to be
premises to which Part 2 of that Act applies,
(c) premises on which the
activities of a criminal group (within the meaning of Division 5 of Part 3A of
the Crimes Act 1900 ) are carried out.
(11) A reference in subsection (3) to
a serious indictable offence includes a reference to an offence under the law
of another State or Territory that would, had it occurred in New South Wales,
have been a serious indictable offence for the purposes of that subsection.
AustLII: Copyright Policy