Part 5 Exclusion and removal of persons from APEC security areas
24 Exclusion of persons from APEC security areas
(1) The following persons (excludable persons) may be excluded from any APEC security area during the APEC period (or any part of that period):(a) any person who, without lawful excuse, fails to comply with a requirement made of the person under this Act for the person to submit to a search as a condition of entry into an APEC security area,(b) any person in or on a vehicle or vessel seeking to enter an APEC security area in circumstances where the person in charge of the vehicle or vessel fails, without lawful excuse, to comply with a requirement made under this Act to submit the vehicle or vessel to a search as a condition of entry into the area,(c) any person who, without lawful excuse, resists, hinders or obstructs a police officer conducting a search under this Act in an APEC security area,(d) any person who, without special justification, fails to surrender a prohibited item to a police officer as a condition of entry into an APEC security area,(e) any person who, without lawful excuse, fails to comply with a reasonable direction given to the person in an APEC security area by a police officer under this Act,(f) any person who, without lawful excuse, is on a road that is closed under this Act,(g) any person whose name appears on an excluded persons list.(2) A police officer may, during the APEC period, do any of the following:(a) prevent an excludable person from entering any APEC security area,(b) remove an excludable person from any APEC security area to another place within that or another APEC security area or to a place outside the APEC security areas,(c) request an excludable person to disclose his or her identity or provide proof of his or her identity (or both) when removing the person from an area,(d) without limiting paragraph (a), (b) or (c), remove any person who is on a road but is not authorised to be on the road to a place outside the road.
25 Exclusion of persons from restricted areas
(1) A police officer may, during the APEC period, do any of the following:(a) prevent a person from entering a restricted area if the person, without lawful excuse, fails to comply with a request made of the person under this Act to disclose his or her identity or provide proof of his or her identity as a condition of entry into the area,(b) remove any of the following persons from any restricted area to another place within that or another APEC security area or to a place outside the APEC security areas:(i) any person who, without special justification, is in possession or has control of a prohibited item in a restricted area,(ii) any person who, without special justification, is in a restricted area,(iii) any person who, without lawful excuse, fails to comply with a request made of the person under this Act to disclose his or her identity or provide proof of his or her identity.(2) Any power conferred by this section in relation to a restricted area is in addition to, and does not derogate from, any other power of exclusion or removal conferred by this Part or this Act in relation to an APEC security area.
(1) The Commissioner may, from time to time, compile one or more lists of persons (an excluded persons list) that the Commissioner is satisfied are persons who would pose serious threats to the safety of persons or property (or both) in an APEC security area during the APEC period.(2) The Commissioner may (but need not) cause an excluded persons list to be published by such means as the Commissioner thinks appropriate.(3) Without limiting subsection (2), an excluded persons list may be published:(a) in the Gazette, or(b) in any newspaper published in the State (whether or not circulating generally throughout the State), or(c) on an Internet website.(4) A failure by the Commissioner to notify the public of the contents of an excluded persons list does not affect the validity of the list or otherwise limit any powers conferred by this Act in relation to persons named in the list.