Victorian Consolidated Legislation

Commonwealth Games Arrangements Act 2001 - SECT 56

Power to remove offenders

56. Power to remove offenders



(1) If a member of the police force believes, on reasonable grounds, that-

   (a)  an assembly is being carried on in any part of-

   (i)  a Commonwealth Games venue; or

   (ii) a designated access area; and

   (b)  the assembly is being carried on in a manner involving unlawful
        physical violence to persons or unlawful damage to property; and

   (c)  because of the number of persons involved in the assembly, it is not
        practicable to preserve or restore public order by arresting a person
        or persons involved in the assembly who is, or who are, committing an
        offence involving unlawful physical violence to persons or unlawful
        damage to property-

the member of the police force may remove that person or those persons from
the Commonwealth Games venue or the designated access area (as the case
requires).

(1A) A member of the police force may remove a person from a Games management
area if the member of the police force believes on reasonable grounds that-

   (a)  the person is not authorised to be in a restricted access area; and

   (b)  the person has been given a warning to leave the restricted access
        area under section 51A or has been directed under section 51B not to
        enter the area and the person has refused to comply with the warning
        or the direction, as the case requires.

(2) A member of the police force may, in order to remove a person from an
area, use such force as is reasonable in the circumstances.

(3) Nothing in this section limits any powers of arrest that a member of the
police force has under any other law.

(4) Any action taken under this section does not prevent the institution of
proceedings in respect of an offence.

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