TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 143AHB
Power to require person to leave or not enter public transport infrastructure if person contravening order
TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 143AHB
Power to require person to leave or not enter public transport infrastructure if person contravening order
143AHB Power to require person to leave or not enter public transport
infrastructure if person contravening order
(1) An authorised person may—
(a) direct a person to leave public transport
infrastructure if the person is in or on the public transport infrastructure
in contravention of an exclusion order or a civil banning order; or
(b)
direct a person not to enter public transport infrastructure if the authorised
person reasonably believes the person would be in contravention of an
exclusion order or a civil banning order if the person enters the public
transport infrastructure.
(2) If the person does not obey the direction, the
authorised person may use force that is reasonable to get the person to leave
or not enter the public transport infrastructure.
(3) The authorised person
may exercise the power mentioned in subsection (2) in, or in an area adjacent
to, the public transport infrastructure.
Examples of an area adjacent to
public transport infrastructure—
• a footpath adjacent to a parked bus
• the side of a road adjacent to a light rail station or platform
• an
area open to or used by the public that is adjacent to a busway
(4) An
authorised person can not give a direction under this section if the
authorised person is satisfied the person has a reasonable excuse for
contravening the order.
(5) For subsection (4) , a person has a reasonable
excuse for contravening the order if—
(a) for an exclusion order—the
person has a reasonable excuse mentioned in section 129ZG(2) ; or
(b) for a
civil banning order—the person has a reasonable excuse mentioned in
section 129ZZ(2) .
