LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 87C Emergency alcohol-free zones

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 87C

87C Emergency alcohol-free zones

(1) A police officer of or above the rank of Superintendent may, by instrument in writing, establish in an area within a public place an emergency alcohol-free zone if the police officer--

(a) has reasonable grounds for believing that there is a large-scale public disorder occurring in the vicinity of the area or there is a threat of such a disorder occurring in the near future, and

(b) is satisfied that the establishment of the zone will assist in preventing or controlling the public disorder.

(2) The period for which an emergency alcohol-free zone may be established in any area must not exceed the period that the police officer establishing the zone considers reasonably necessary for the purpose for which it is established, but must not in any case exceed 48 hours. The period for which the zone is established may be extended by a further instrument, but only if the total period that the zone is established in the area does not exceed 48 hours.

(3) A police officer who finds a person or group of persons drinking or in possession of liquor in an emergency alcohol-free zone may warn the person or group of persons that it is an offence to drink liquor in the zone and that any liquor in the possession of the person or persons may be confiscated unless it is immediately removed from the zone.

(4) A person who has received a warning under subsection (3) in relation to an emergency alcohol-free zone, but who--

(a) commences to drink liquor in the zone, or

(b) fails to stop drinking liquor in the zone, or

(c) resumes drinking liquor in the zone,

is guilty of an offence.

: Maximum penalty--20 penalty units.

(5) An emergency alcohol-free zone may be established under this section in respect of an area that is an alcohol-free zone established under the Local Government Act 1993 . In that case, a person cannot be convicted of an offence under this section and that Act in respect of the same act or omission.

(6) Any liquor in the immediate possession of a person in an emergency alcohol-free zone who is committing, or has just committed, an offence under this section, and any container in which the liquor is packaged, may be seized by a police officer.

(7) Any liquor in the immediate possession of a person in an emergency alcohol-free zone who has received a warning under subsection (3), and any container in which the liquor is packaged, may also be seized by a police officer if--

(a) the person does not immediately remove the liquor from the zone, and

(b) the police officer is satisfied that the seizure of the liquor will assist in preventing or controlling the public disorder.

(8) Any liquor (and any container) seized under this section is, by virtue of the seizure, forfeited to the State and may be disposed of in accordance with directions given by the Commissioner of Police.

(9) The establishment of an emergency alcohol-free zone under this section may be revoked at any time by a police officer of or above the rank of Superintendent if the police officer is satisfied that it is no longer necessary.