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POLICE OFFENCES ACT 1935 - SECT 49AB Public street permits

POLICE OFFENCES ACT 1935 - SECT 49AB

Public street permits

(1)  A person must not organise or conduct any of the following activities without a permit if it is to be held, wholly or partly, on a public street:
(a) a demonstration;
(b) a fundraising drive;
(c) a procession;
(d) a road cycle race;
(e) a road cycle event.
Penalty:  Fine not exceeding 10 penalty units.
(2)  A permit for this section may be issued by a senior police officer and any person may apply in writing for such a permit.
(3)  In the case of fundraising –
(a) a permit may only be issued to or in respect of an organisation that is permitted under section 5 of the Collections for Charities Act 2001 to solicit funds or contributions for a charitable purpose; and
(b) the number of fundraising days authorised by permit in any one city or town in any one year is not to exceed, in aggregate, 45 or, if another number of days is prescribed, the prescribed number.
(4)  In determining whether or not to grant an application for a permit, a senior police officer may consider –
(a) the safety and convenience of the public; and
(b) the arrangements made for the safety and convenience of participants in the proposed activity; and
(c) such other considerations as appear relevant having regard to the time and nature of the proposed activity and its location or, if applicable, its route.
(5)  A permit –
(a) is to be in such form as the senior police officer issuing it determines; and
(b) may be made subject to such conditions as that officer considers necessary or expedient for the safety and convenience of participants and the public, including, if applicable, conditions about public notification, compliance with police directions, marshals and escort vehicles; and
(c) may be made subject to a condition that the organisers of the activity enter into a policy of insurance regarding any deaths, personal injuries or property damage that may arise from the activity; and
(d) must specify the name of the permit holder and the name, or a description, of the activity for which it is issued; and
(e) must specify the location or, if applicable, route of the activity for which it is issued and the date, dates or period when that activity will be held.
(6)  A permit for a road cycle race may, if the issuing senior police officer considers it necessary or expedient to do so, provide that any escort vehicle preceding, accompanying or following the race may, or must, display a flashing yellow light.
(7)  A permit may be surrendered but is not capable of being amended, renewed or transferred.
(8)  The holder of a permit must –
(a) comply with its conditions; and
(b) immediately produce it to any police officer who demands to see it.
Penalty:  Fine not exceeding 10 penalty units.