PENALTIES AND SENTENCES ACT 1992 - SECT 161ZL Police powers for preventing contravention of control order

PENALTIES AND SENTENCES ACT 1992 - SECT 161ZL

161ZL Police powers for preventing contravention of control order

(1) This section applies if a police officer reasonably suspects an offence against section 161ZI has been committed, is being committed, or is about to be committed in relation to a control order or a registered corresponding control order.

(2) The police officer may exercise 1 or more of the following powers in relation to the person subject to the control order or registered corresponding control order—

(a) if the order prohibits the person from associating with a stated person or a person of a stated class—require the person subject to the order to leave a place where the stated person or person of the stated class is present and not to return to the place within a stated reasonable time of not more than 24 hours;

(b) if the order prohibits the person from entering or being in the vicinity of a stated place or a place of a stated class—require the person subject to the order to leave—

(i) the stated place or a place of the stated class; or

(ii) the vicinity of a place mentioned in subparagraph (i) .

(3) However, subsection (2) does not apply if requiring the person to leave the place may endanger the safety of the person or another person.

(4) A requirement made under this section is taken to be a requirement made under the Police Powers and Responsibilities Act 2000 .

Note—

Failure to comply with a requirement made under this section is an offence against the Police Powers and Responsibilities Act 2000 , section 791 .

(5) A person does not commit an offence against the Police Powers and Responsibilities Act 2000 , section 791 if—

(a) the person was required to do something under subsection (2) ; and

(b) the court is not satisfied the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .

(6) In this section—


"place" see the Police Powers and Responsibilities Act 2000 , schedule 6 .