POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 554 Direction to leave state building

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 554

554 Direction to leave state building

(1) A police officer or protective services officer may direct an entrant, or group of entrants, to a state building to not enter, or to leave the building immediately, and to take the belongings of the entrant or group of entrants out of the building, if the officer reasonably suspects—

(a) the behaviour of the entrant or entrants is or has been disorderly, indecent, offensive or threatening to a person entering, at or leaving the building; or

(b) the entrant or entrants have not complied with a requirement under section 550 ; or

(c) the entrant or entrants have not complied with a request under section 551 or 552 ; or

(d) the entrant or entrants have no good and lawful reason to enter or be at the building.

Note—

See also sections 791 and 791B .

(2) However, a police officer or protective services officer must not give a direction under subsection (1) unless the officer reasonably suspects the direction is necessary to maintain the security of the state building.

(3) Also, a protective services officer must not give a direction under subsection (1) (c) if the entrant or entrants—

(a) tell the officer they—

(i) do not want an electronic screening device used in relation to their belongings, and are prepared to leave the building; or

(ii) do not want their belongings inspected, and are prepared to leave the building; and

(b) immediately leave the building with their belongings.

Note—

See also sections 633 and 633A .

(4) The entrant or entrants may tell the protective services officer a matter mentioned in subsection (3) before or after the officer starts to—

(a) use an electronic screening device in relation to the entrant or entrants under section 551 ; or

(b) conduct an inspection of the belongings of the entrant or entrants under section 552 .

(5) Also, a police officer or protective services officer must not give a direction under subsection (1) that interferes with a person’s right of peaceful assembly unless the direction is reasonably necessary in the interests of—

(a) public safety; or

(b) public order; or

(c) the protection of the rights and freedoms of other persons.

Examples of rights and freedoms for subsection (5)(c)—

• the rights and freedoms of the public to enjoy the place

• the rights of persons to carry on lawful business in or in association with the place

(6) Without limiting subsection (1) , a direction under the subsection may require an entrant, or group of entrants, to a state building to do 1 of the following things—

(a) leave the building and not return or be within the building within a stated reasonable time of not more than 24 hours;

(b) leave a stated part of the building and not return or be within the stated part of the building within a stated reasonable time of not more than 24 hours;

(c) move from a particular location at or near the building for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the building within a stated reasonable time of not more than 24 hours.

(7) The police officer or protective services officer must give the entrant or group of entrants the reasons for the direction.

(8) This section does not limit or otherwise affect—

(a) chapter 2 , part 4 , division 1 ; or

(b) chapter 2 , part 5 .