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LIQUOR ACT 2007 - SECT 116AE

Long-term banning orders-high risk venues

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.
(3) 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 offence:
(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.
(6) A 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 person.
(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 penalty units.
(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, or
(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,
(b) 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.



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