New South Wales Consolidated Acts

SPORTING VENUES (OFFENDERS BANNING ORDERS) ACT 2005 - SECT 4

4 Making of banning orders

(1) A court that finds a person guilty of a sporting event offence may, in addition to any other penalty that may be imposed for the offence, make a banning order in relation to the person.

(2) A court may make a banning order only if it is satisfied that there are reasonable grounds to believe that making the order will help to prevent violence or disorder at or in connection with any sporting event.

(3) For the purpose of deciding whether to make an order under this section, the court may, after the finding of guilt, consider evidence (including evidence relating to other conduct of the person) led by the prosecution and the defence.

(4) It is immaterial whether the evidence led under subsection (3) would have been admissible in the proceedings in which the person was found guilty.

(5) In subsection (2):
"disorder" includes the following:

(a) inciting hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,

(b) using threatening words or threatening or abusive behaviour,

(c) displaying any writing or other thing that is threatening or abusive.

"violence" means violence against persons or property, and includes threatening violence and doing anything that endangers the life of any person.