TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZO
Making a civil banning order
TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 129ZO
Making a civil banning order
129ZO Making a civil banning order
(1) The court may make a civil banning order for a respondent if satisfied—
(a) either—
(i) within 12 months before the date of the application for the
civil banning order, the respondent committed a relevant act of violence; or
(ii) within any 12-month period occurring in the 2 years before the date of
the application for the civil banning order, the respondent was served 10 or
more infringement notices for a relevant offence or relevant offences; and
(c) unless
the order is made, the respondent would pose an unacceptable risk to—
(i)
the good order or management of the public transport network; or
(ii) the
safety and welfare of persons using the public transport network.
(2) In
considering whether to make, or the terms of, the order, the court must have
regard to all of the circumstances of the case, including the following—
(a)
whether the respondent is, or has been, subject to another civil banning
order;
(b) whether the respondent is subject to a condition, relating to the
use of the public transport network, under the Bail Act 1980, section 11;
(c) whether the respondent, or any other person, was charged with an offence
arising out of the act of violence mentioned in subsection (1) (a) (i) and the
result of any proceeding in relation to the charge;
(d) whether the
respondent, or any other person, was charged with an offence arising out of a
relevant offence mentioned in subsection (1) (a) (ii) and the result of any
proceeding in relation to the charge;
(e) whether the respondent is subject
to an exclusion order;
(f) the respondent’s criminal history;
(g) whether
the making of the order is likely to cause undue hardship to the respondent or
the respondent’s family—
(i) by depriving the respondent of the
respondent’s way of earning a living; or
(ii) in another way, including,
for example, by depriving the respondent of the ability—
(A) to study; or
(B) to maintain the respondent’s health or the health of a member of the
respondent’s family;
(h) the effect the order would have on the
respondent’s safety and wellbeing, having regard to the respondent’s age
and any physical, intellectual or psychiatric disability;
(i) any other of
the respondent’s personal circumstances and the likely effect of the order
on those circumstances.
(3) This section does not limit the matters to which
the court may have regard in considering whether or not to make, or the terms
of, a civil banning order under this part in relation to a person.
(4) The
court may impose any conditions it considers necessary on a civil banning
order.
(5) The court may make a civil banning order whether or not the
respondent has been charged with, convicted of, acquitted of, or sentenced for
an offence arising out of the act of violence mentioned in subsection (1) (a)
(i) .
"dealt with" , for an infringement notice for a relevant offence served on a
respondent, means one of the following has happened under the
State Penalties Enforcement Act 1999—
(a) the respondent has paid the fine
for the infringement notice in full;
(b) the respondent has elected to have
the matter of the relevant offence dealt with by a Magistrates Court and the
matter has been finally decided against the respondent;
(c) the respondent
has applied for approval to pay the fine for the infringement notice by
instalments;
(d) an order has been made against the respondent for the
relevant offence under section 38of that Act.
"relevant act of violence" means an act of violence—
(a) committed by a
person on the public transport network, against another person or property,
without a reasonable excuse; and
(b) of a nature that would cause a person on
public transport infrastructure to reasonably fear bodily harm to any person
or damage to property.
