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HOUSING ACT 1982 - SECT 28E Power to give direction to person on public housing premises

HOUSING ACT 1982 - SECT 28E

Power to give direction to person on public housing premises

    (1)     This section applies if a public housing safety officer reasonably believes a person on public housing premises has been, is or will be engaging in conduct, or permitting conduct to be engaged in, on public housing premises that constitutes a prescribed offence or antisocial behaviour.

    (2)     The public housing safety officer may direct the person not to engage, or to stop engaging, in specified conduct on the public housing premises to the extent the officer reasonably believes necessary to prevent the prescribed offence or antisocial behaviour.

    (3)     Also, if the person is not a tenant of the public housing premises or a recognised occupier of those premises, the public housing safety officer may direct the person to leave the public housing premises immediately and not enter all or part of those premises for a specified period of not more than 12 months.

    (4)     A person given a direction under subsection (2) or (3) must comply with it.

Maximum penalty:     20 penalty units.

    (5)     An offence against subsection (4) is an offence of strict liability.

    (6)     It is a defence to a prosecution for an offence against subsection (4) if the defendant establishes a reasonable excuse.