POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 590
Noise abatement order—making the order
POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 590
Noise abatement order—making the order
590 Noise abatement order—making the order
(1) The relevant court may make
a noise abatement order against the respondent if satisfied that—
(a) the
respondent—
(i) has contravened a motorbike noise abatement direction; or
(ii) has been given 2 noise abatement directions in relation to excessive
noise emitted by a motorbike and the directions both relate to the driving of
a motorbike on the same place which is not a road; and
(2) However, if the respondent has been charged with
having committed an offence arising out of conduct on which the application is
based and the proceeding on the charge has not been decided, the court must
adjourn the application until the proceeding has been decided.
(3) The order
must be in the approved form and state—
(a) the name and address of the
respondent; and
(b) the particulars necessary to properly identify the
motorbike; and
(c) the period, of not more than 2 years, for which the order
is in force; and
(d) a description sufficient to identify the land on which
the contravention happened and who owns the land; and
(e) any conditions the
court considers appropriate to impose on the respondent in relation to the
driving of the motorbike.
(4) Without limiting subsection (3) (e) , the order
may include conditions restricting the use of the motorbike including, for
example, any of the following conditions—
(a) the hours of day during which
the respondent may drive the motorbike on private property;
(b) the maximum
length of time the respondent may drive the motorbike at any one time during
those hours;
(c) any particular areas on private property that must be
avoided by the respondent when driving the motorbike;
Example for paragraph
(c)—
The respondent must not drive the motorbike within 100m of the
boundaries of neighbours.
(d) the particular manoeuvres that must not be
performed by the respondent when driving the motorbike.
(5) The respondent
must not drive the motorbike in contravention of the noise abatement order.
Penalty—
Maximum penalty—40 penalty units.
(6) The owner of the
motorbike must not knowingly permit the respondent to drive the motorbike in
contravention of the noise abatement order.
Penalty—
Maximum penalty
for subsection (6) —40 penalty units.
