Part 6A Emergency powers—public disorder
(1) In this Part:licensed premises means premises licensed or required to be licensed under the Liquor Act 2007 for the sale or supply of liquor.
liquor has the same meaning as in the Liquor Act 2007.
mobile phone includes any device that may be used, in whole or in part, for the purpose of sending or receiving voice or other data over a mobile telephone network, whether or not it may be used for any other purpose.
public disorder means a riot or other civil disturbance that gives rise to a serious risk to public safety, whether at a single location or resulting from a series of incidents in the same or different locations.
public place includes a school.
road includes a road related area, and a part of a road or road related area.
(2) For the purposes of this Part, controlling a public disorder includes containing or reducing the disorder or bringing the disorder to an end.(3) For the purposes of this Part:(a) a person in an area that is the target of an authorisation under Division 3 includes a person who is about to enter the area or who has recently left the area, and(b) a vehicle that is in an area the target of an authorisation under Division 3 includes a vehicle that is about to enter the area or that has recently left the area.
Division 2 Liquor restrictions
87B Emergency prohibition on sale or supply of liquor
(1) A police officer of or above the rank of Superintendent may authorise the closure of any licensed premises, or the prohibition of the sale or supply of liquor on any licensed premises, if the police officer:(a) has reasonable grounds for believing that there is a large-scale public disorder occurring in the vicinity of the licensed premises or there is a threat of such a disorder occurring in the near future, and(b) is satisfied that the closure or prohibition will reasonably assist in preventing or controlling the public disorder.(2) The period that an authorisation relating to any licensed premises has effect must not exceed the period that the police officer giving the authorisation considers reasonably necessary for the purpose for which it is given, but must not in any case exceed 48 hours. The period that the authorisation has effect may be extended by the giving of a further authorisation, but only if the total period of the authorisation in relation to those premises does not exceed 48 hours.(3) Any police officer may, in accordance with an authorisation under subsection (1), direct any person who is apparently in charge of, or who is selling or supplying liquor on, licensed premises to close the premises or to cease selling or supplying liquor on those premises, as the case requires.(4) An authorisation under subsection (1) may be given orally or in writing and, if given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.(5) An authorisation under subsection (1) may be revoked at any time by a police officer of or above the rank of Superintendent if the police officer is satisfied that the authorisation is no longer necessary. The police officer is to give notice to a person apparently in charge of the licensed premises of the revocation of the authorisation.(6) A person to whom a direction is given under this section must comply with the direction.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
87C Emergency alcohol-free zones
(1) A police officer of or above the rank of Superintendent may, by instrument in writing, establish in an area within a public place an emergency alcohol-free zone if the police officer:(a) has reasonable grounds for believing that there is a large-scale public disorder occurring in the vicinity of the area or there is a threat of such a disorder occurring in the near future, and(b) is satisfied that the establishment of the zone will assist in preventing or controlling the public disorder.(2) The period for which an emergency alcohol-free zone may be established in any area must not exceed the period that the police officer establishing the zone considers reasonably necessary for the purpose for which it is established, but must not in any case exceed 48 hours. The period for which the zone is established may be extended by a further instrument, but only if the total period that the zone is established in the area does not exceed 48 hours.(3) A police officer who finds a person or group of persons drinking or in possession of liquor in an emergency alcohol-free zone may warn the person or group of persons that it is an offence to drink liquor in the zone and that any liquor in the possession of the person or persons may be confiscated unless it is immediately removed from the zone.(4) A person who has received a warning under subsection (3) in relation to an emergency alcohol-free zone, but who:(a) commences to drink liquor in the zone, or(b) fails to stop drinking liquor in the zone, or(c) resumes drinking liquor in the zone,is guilty of an offence.Maximum penalty: 20 penalty units.
(5) An emergency alcohol-free zone may be established under this section in respect of an area that is an alcohol-free zone established under the Local Government Act 1993. In that case, a person cannot be convicted of an offence under this section and that Act in respect of the same act or omission.(6) Any liquor in the immediate possession of a person in an emergency alcohol-free zone who is committing, or has just committed, an offence under this section, and any container in which the liquor is packaged, may be seized by a police officer.(7) Any liquor in the immediate possession of a person in an emergency alcohol-free zone who has received a warning under subsection (3), and any container in which the liquor is packaged, may also be seized by a police officer if:(a) the person does not immediately remove the liquor from the zone, and(b) the police officer is satisfied that the seizure of the liquor will assist in preventing or controlling the public disorder.(8) Any liquor (and any container) seized under this section is, by virtue of the seizure, forfeited to the State and may be disposed of in accordance with directions given by the Commissioner of Police.(9) The establishment of an emergency alcohol-free zone under this section may be revoked at any time by a police officer of or above the rank of Superintendent if the police officer is satisfied that it is no longer necessary.
Division 3 Special powers to prevent or control public disorders
87D Authorisation of special powers to prevent or control public disorder in public place
(1) An authorisation for the exercise in a public place of the special powers conferred by this Division may be given in accordance with this Division if the police officer giving the authorisation:(a) has reasonable grounds for believing that there is a large-scale public disorder occurring or a threat of such a disorder occurring in the near future, and(b) is satisfied that the exercise of those powers is reasonably necessary to prevent or control the public disorder.(2) In giving an authorisation, the police officer is to be satisfied that the nature and extent of the powers to be conferred by the authorisation are appropriate to the public disorder that is occurring or threatened.
(1) An authorisation may authorise the exercise of the special powers conferred by this Division in a public place:(a) for the purpose of preventing or controlling a public disorder in a particular area described in the authorisation, or(b) for the purpose of preventing persons travelling by a road specified in the authorisation to an area to create or participate in a public disorder (whether or not the area is also subject to an authorisation under paragraph (a)).(2) The area or road is referred to in this Division as the target of the authorisation.
(1) An authorisation may be given by the Commissioner of Police or by a Deputy or Assistant Commissioner of Police. The power conferred by this section cannot be delegated.(2) An authorisation may be given orally or by instrument in writing.(3) If the authorisation is given orally, it must be confirmed by instrument in writing as soon as it is reasonably practicable to do so.(4) An authorisation must:(a) state that it is given under this Division, and(b) describe the general nature of the public disorder or threatened public disorder to which it applies (including the day or days it occurs or is likely to occur), and(c) describe the area or specify the road targeted by the authorisation, and(d) specify the time it ceases to have effect.
87G Duration and revocation of authorisation
(1) An authorisation has effect, unless sooner revoked, during the period beginning at the time it is given and ending at the time specified in the authorisation.(2) The period that an authorisation relating to any area or road has effect must not exceed the period that the police officer giving the authorisation considers reasonably necessary for the purpose for which it is given, but must not in any case exceed 48 hours.(3) The period that the authorisation has effect may be extended by the giving of a further authorisation, but only if:(a) the total period of the authorisation in relation to the area or road does not exceed 48 hours, or(b) the Supreme Court, on the application of the police officer proposing to give the further authorisation, determines that the police officer is entitled to give the further authorisation.(4) The Commissioner of Police or a Deputy or Assistant Commissioner of Police may revoke an authorisation at any time, and must revoke it if directed to do so by order of the Supreme Court.(5) The cessation of an authorisation (by revocation or otherwise) does not affect anything lawfully done in reliance on the authorisation before it ceased to have effect.
87H Exercise of special powers conferred by authorisation by police officers
(1) The special powers conferred by this Division may be exercised by any police officer in a public place for the purposes for which an authorisation is given under this Division.(2) A police officer may exercise those powers whether or not the officer has been provided with or notified of the terms of the authorisation.
87I Power to place or establish cordon or roadblock
(1) A police officer may, for the purposes of stopping and searching persons or vehicles under this Division or preventing persons entering or leaving an area without the permission of a police officer:(a) place a cordon around a target area or any part of it, or(b) establish a roadblock on a target road (including any road in a target area).(2) A police officer must not refuse permission for a person to leave the area unless it is reasonably necessary to do so to avoid a risk to public safety or to the person’s own safety.(3) A cordon or roadblock may consist of any appropriate form of physical barrier or obstruction preventing or limiting the passage of vehicles or persons.
87J Power to stop and search vehicles
(1) A police officer may, without a warrant, stop and search a vehicle, and anything in or on the vehicle, if:(a) the vehicle is in an area that is the target of an authorisation, or(b) the vehicle is on a road that is the target of an authorisation.(2) A police officer may detain a vehicle for so long as is reasonably necessary to conduct a search under this section.
(1) A police officer may, without a warrant, stop and search a person, and anything in the possession of or under the control of the person, if:(a) the person is in an area that is the target of an authorisation, or(b) the person is in or on a vehicle on a road that is the target of an authorisation.(2) Division 4 of Part 4 (except to the extent that it authorises strip searches) applies to the search of a person conducted under this section.(3) A police officer may detain a person for so long as is reasonably necessary to conduct a search under this section.
87L Power to obtain disclosure of identity
(1) A police officer may request a person whose identity is unknown to the officer to disclose his or her identity if:(a) the person is in an area that is the target of an authorisation (whether or not in or on a vehicle), or(b) the person is in or on a vehicle on a road that is the target of an authorisation,and the police officer reasonably suspects that the person has been involved or is likely to be involved in a public disorder.(2) A person who is so requested to disclose his or her identity must not, without reasonable excuse, fail or refuse to comply with the request.Maximum penalty: 50 penalty units or 12 months imprisonment, or both.
(3) A person must not, without reasonable excuse, in response to any such request:(a) give a name that is false in a material particular, or(b) give an address other than the person’s full and correct address.Maximum penalty: 50 penalty units or 12 months imprisonment, or both.
(4) A police officer may request a person who is requested under this section to disclose his or her identity to provide proof of his or her identity.
87M Power to seize and detain things
(1) A police officer may, in connection with a search under this Division:(a) seize and detain, for a period of not more than 7 days, a vehicle, mobile phone or other thing if the seizure and detention of the vehicle, phone or thing will assist in preventing or controlling a public disorder, or(b) seize and detain all or part of a thing (including a vehicle) that the officer suspects on reasonable grounds may provide evidence of the commission of a serious indictable offence (whether or not related to a public disorder).(2) The Local Court may, on the application of a police officer, authorise the continued detention of a vehicle, mobile phone or other thing under subsection (1) (a) for an additional period not exceeding 14 days if satisfied that its continued detention will assist in preventing or controlling a public disorder. More than one extension of the detention may be authorised under this subsection, so long as each extension does not exceed 14 days.(3) A power conferred by this section to seize and detain a thing includes:(a) a power to remove a thing from the place where it is found, and(b) a power to guard the thing in or on the place where it is found.(4) The regulations may make provision for or with respect to the seizure, detention and return of vehicles, mobile phones or other things referred to in subsection (1) (a).
(1) If a group of persons are assembled within an area that is the target of an authorisation, a police officer may give a direction to those persons, or to any of them, to disperse immediately.(2) For the purpose of complying with section 201 (1) (c), the police officer giving the direction must inform the person or persons to whom the direction is given that the direction is given for the purpose of preventing or controlling a public disorder.(3) (Repealed)(4) A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this section.Maximum penalty: 50 penalty units.
(5) A direction under this section is to be given orally and, if given to a group of persons, is to be given in such a manner as is likely to be audible to all persons in that group, or to as many of them as practicable.(6) If a direction under this section is given to a group of persons, it is not necessary for the police officer to repeat the direction, or to repeat the information and warning required to be given under section 201, to each person in the group.(7) However, just because the police officer is not required to repeat any such direction, information or warning does not in itself give rise to any presumption that each person in the group has received the direction, information or warning.
87MB Powers exercisable where vehicle outside the target area of authorisation given under this Division
(1) This section applies where:(a) an authorisation has been given under this Division in connection with a public disorder, and(b) a vehicle is on a road that is not (or not in an area) the target of the authorisation.(2) A police officer may exercise the powers conferred under this Division in relation to the vehicle (and any person or thing in or on the vehicle) without the authorisation extending to the vehicle if:(a) the officer suspects on reasonable grounds that the occupants of the vehicle have participated or intend to participate in the public disorder, and(b) the officer is satisfied that the exercise of those powers is reasonably necessary to prevent or control the public disorder.(3) This section does not limit the operation of section 87A (3).(4) This section does not authorise a police officer to exercise the powers under section 87MA.
87N Emergency exercise of powers
(1) If:(a) a police officer suspects on reasonable grounds that there is a large-scale public disorder occurring or a threat of such a disorder occurring in the near future, and(b) the officer suspects on reasonable grounds that the occupants of a vehicle on a road have participated or intend to participate in the public disorder,the officer may exercise the powers conferred under this Division in relation to the vehicle (and any person or thing in or on the vehicle) without an authorisation having been given under this Division in connection with the public disorder or threatened public disorder.(2) Before exercising any such power, the officer must obtain approval to do so (orally or in writing) from a police officer of or above the rank of Inspector. Approval is not to be given unless the police officer is satisfied that the officer seeking to exercise the power has reasonable grounds for the suspicions referred to in subsection (1).(3) A police officer is to cease exercising powers under this section:(a) if the officer is notified that an application for an authorisation under this Division in connection with the public disorder or threatened disorder has been granted or refused, or(b) if 3 hours has expired since approval was given for the exercise of those powers,whichever first occurs.(4) This section does not authorise a police officer to exercise the powers under section 87MA.
87O Report to Ombudsman on exercise of powers and monitoring by Ombudsman
(1) The Ombudsman is to keep under scrutiny the exercise of powers conferred on police officers under this Part.(2) For that purpose, the Ombudsman may require the Commissioner of Police or any public authority to provide information about the exercise of those powers.(3) The Commissioner of Police is to ensure that the Ombudsman is provided with a report on:(a) any authorisation given under Division 3 or approval given under section 87N, and(b) the reasons for giving the authorisation or approval, and(c) the powers used under the authorisation or approval.(4) The report is to be provided within 3 months after the authorisation or approval ceases to have effect.(5) The Ombudsman is to include, in the annual report of the Ombudsman’s work and activities under section 30 of the Ombudsman Act 1974 a report of the work and activities under this section.Note. Section 30 of that Act provides for the annual report to be tabled in Parliament.