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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.