STATUTES AMENDMENT (POWER TO BAR) ACT 2008 (NO 48 OF 2008) - SECT 8
STATUTES AMENDMENT (POWER TO BAR) ACT 2008 (NO 48 OF 2008) - SECT 8
8—Insertion of Part 9 Division 3 Subdivisions 3 and 4
After section 125 insert:
Subdivision 3—Police barring orders
125A—Commissioner of Police barring orders
(1) The Commissioner
of Police may, by order served on a person, bar the person from entering or
remaining on—
(a)
specified licensed premises; or
(b)
licensed premises of a specified class; or
(c)
licensed premises of a specified class within a specified area; or
(d) all
licensed premises within a specified area,
for an indefinite period or a period specified in the order on any reasonable
ground.
(2) The Commissioner
of Police may revoke an order under this section barring a person from
premises by subsequent order served on the person.
(3) The Commissioner
of Police may delegate his or her power under this section to a Deputy
Commissioner or an Assistant Commissioner of Police.
(4) A delegation under
this section—
(a) must
be by instrument in writing; and
(b) may
be absolute or conditional; and
(c) does
not derogate from the power of the Commissioner of Police to act in any
matter; and
(d) is
revocable at will by the Commissioner of Police.
125B—Police officer barring orders
(1) Subject to this
section, a police officer may, on the authorisation of
a senior police officer, by order (a "barring order") served on a person, bar
the person from entering or remaining on—
(a)
specified licensed premises; or
(b)
licensed premises of a specified class; or
(c)
licensed premises of a specified class within a specified area; or
(d) all
licensed premises within a specified area,
for a specified period not exceeding any applicable limit fixed by this
section—
(e) if
the police officer is satisfied that the welfare of the person, or the welfare
of a person residing with the person, is seriously at risk as a result of the
consumption of alcohol by the person; or
(f) if
the person commits an offence, or behaves in an offensive or disorderly
manner, on, or in an area adjacent to, the licensed premises; or
(g) on
any other reasonable ground.
(2) A police officer
may, on the authorisation of a senior police officer, vary or revoke an order
under this section barring a person from premises by subsequent order served
on the person.
(3) The following
provisions apply in relation to an order under this section:
(a) in
the case of a barring order made on the grounds referred to in
subsection (1)(e)—the order remains in force for an indefinite
period, or the period specified in the order;
(b) in
the case of a barring order made on the grounds referred to in
subsection (1)(f) or (g) and authorised by a senior police officer of or
above the rank of Inspector—the order remains in force—
(i)
if the person has not previously been barred under this
section—for the period specified in the order (which may not exceed
3 months); or
(ii)
if the person has on 1 previous occasion been barred
under this section—for the period specified in the order (which may not
exceed 6 months); or
(iii)
if the person has on at least 2 previous occasions
been barred under this section—for an indefinite period or the period
specified in the order;
(c) in
the case of a barring order made on the grounds referred to in
subsection (1)(f) or (g) and authorised by a senior police officer of or
above the rank of Sergeant or in charge for the time being of a police
station—the order remains in force for a period specified in the order
(which may not exceed 72 hours).
(4) An authorisation
to issue a barring order under this section may be granted orally or in
writing but a written record must be kept of—
(a) the
name, rank and identification number of the senior police officer giving the
authorisation; and
(b) the
name, rank and identification number of the police officer requesting the
authorisation; and
(c)
details of the conduct giving rise to the request; and
(d) the
following details relating to the barring order:
(i)
the name of the person barred under the order; and
(ii)
the licensed premises from which the person has been
barred under the order; and
(iii)
the grounds on which the issuing of the order is
authorised; and
(iv)
the period for which the order remains in force.
(5) For the purposes
of subsection (2), a condition or limitation under this section in
relation to the making of a particular barring order extends to a variation or
revocation of the order under that subsection.
(6) In this
section—
"senior police officer" means—
(a) in
the case of a barring order that is to be made on the grounds referred to in
subsection (1)(e)—a police officer of or above the rank of
Inspector;
(b) in
the case of a barring order that is to be made on the grounds referred to in
subsection (1)(f) or (g)—
(i)
if the order is to be made for a period exceeding
72 hours—a police officer of or above the rank of Inspector; or
(ii)
in any other case—a police officer of or above the
rank of Sergeant or in charge for the time being of a police station.
125C—Offences
(1) A person who
enters or remains on licensed premises from which he or she is barred under
this Subdivision is guilty of an offence.
Maximum penalty: $1 250.
(2) A licensee, a
responsible person for licensed premises, or an employee of the licensee, who
knows or ought reasonably to know that a person has been barred from licensed
premises under this Subdivision and who allows a person to enter or remain on
those premises, is guilty of an offence.
Maximum penalty: $1 250.
125D—Evidence
(1) In proceedings for
an offence against this Subdivision, a certificate apparently signed by a
police officer of or above the rank of Inspector stating that a person was
barred from licensed premises under this Subdivision for the period specified
in the certificate will be accepted, in the absence of proof to the contrary,
as proof of the matters stated in the certificate.
(2) In proceedings for
an offence against this Subdivision, a certificate apparently signed by a
police officer of or above the rank of Inspector stating—
(a) that
an authorisation under section 125B was given; and
(b) that
the authorisation authorised the making of an order under this Subdivision;
and
(c) the
grounds on which the authorisation was given,
will be accepted, in the absence of proof to the contrary, as proof of the
matters stated in the certificate.
Subdivision 4—Miscellaneous
125E—Power to require personal details
(1) A police officer
may, for the purposes of this Division, require a person to state all or any
of the person's personal details.
(2) If a police
officer has reasonable cause to suspect that a personal detail as stated in
response to a requirement under subsection (1) is false, the officer may
require the person making the statement to produce evidence of the correctness
of the personal detail as stated.
(3) A person
who—
(a)
refuses or fails, without reasonable excuse, to comply with a requirement
under subsection (1) or (2); or
(b) in
response to a requirement under subsection (1) or (2)—
(i)
states a personal detail that is false; or
(ii)
produces false evidence of a personal detail,
is guilty of an offence.
Maximum penalty: $1 250.
(4) A police officer
who has required a person to state all or any of the person's personal details
under this section is required to comply with a request to identify himself or
herself, by—
(a)
producing his or her police identification; or
(b)
stating orally or in writing his or her surname, rank and identification
number.
(5) In this
section—
"personal details", in relation to a person, means—
(a) the
person’s full name; and
(b) the
person’s date of birth; and
(c) the
person's residential address; and
(d) the
person’s business address.