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Contents (1993 - 30)
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Local Government Act 1993 No 30
Current version for 25 June 2019 to date (accessed 19 October 2019 at 16:44)
Chapter 17 Part 1 Division 2
Division 2 Other remedies
680   Demanding name of offender
(1)  An authorised person who finds a person whom the authorised person reasonably suspects of committing an offence under this Act in a public place, or an offence in respect of which the authorised person may issue a penalty notice under section 224 of the Protection of the Environment Operations Act 1997, may:
(a)  demand from the person his or her name and residential address, and
(b)  report the offence and the name and residential address of the person to the council as soon as practicable.
(2)  The provisions of subsection (1) (b) do not apply to any police officer in respect of an offence under section 650 (use of council’s free parking areas).
(3)  A person who on demand made as referred to in this section:
(a)  refuses to state his or her name or residential address, or
(b)  states a name or residential address which in the opinion of the authorised person is false,
may without any other warrant than this Act be apprehended by the authorised person and taken before a Magistrate or authorised officer to be dealt with according to law.
(4)  A Magistrate or authorised officer before whom a person is taken under subsection (3) may make a bail decision under the Bail Act 2013 in respect of the person.
(4A)  If the person has not been charged with an offence, the Bail Act 2013 applies to the person as if the person were accused of an offence.
(5)  A person who on demand made as referred to in this section:
(a)  refuses to state his or her name or residential address, or
(b)  states a false name or residential address,
is guilty of an offence.
Maximum penalty: 5 penalty units.
(6)  For the purpose of applying the Bail Act 2013, an authorised officer has the same functions as an authorised justice under that Act.
(7)  In this section:
authorised officer means an authorised officer under the Criminal Procedure Act 1986.
680A   Authorised person may give directions relating to public places
(1)  A council employee who is authorised in writing by the Commissioner of Police for the purposes of this section (enforcement officer) may give a direction to a person in a public place if the enforcement officer believes, on reasonable grounds, that the person’s behaviour or presence in the place is obstructing another person or persons or traffic.
(2)  A direction given by an enforcement officer under this section must be reasonable in the circumstances for the purpose of reducing or eliminating the obstruction.
(3)  A person must not, without reasonable excuse, refuse or fail to comply with a direction given in accordance with this section.
Maximum penalty: 2 penalty units.
(4)  A person is not guilty of an offence under this section unless it is established that the person persisted, after the direction concerned was given, to engage in the relevant conduct.
(5)  The other person or persons referred to in subsection (1) need not be in the public place but must be near that place at the time the relevant conduct is being engaged in.
(6)  Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002 (Safeguards relating to powers) applies to the exercise of a power under this section by an enforcement officer in the same way as that Part applies to a police officer.
(7)  This section does not authorise an enforcement officer to give directions in relation to:
(a)  an industrial dispute, or
(b)  an apparently genuine demonstration or protest, or
(c)  a procession, or
(d)  an organised assembly.
681   Removal of offenders from community land
(1)  A person committing an offence against this Act on community land may be removed from the land by an authorised person.
(2)  Reasonable force may be used to effect the person’s removal.
(3)  The removal of the person does not affect the person’s liability to be prosecuted for an offence.
681A   Confiscation of recreational equipment
(1)  This section applies to:
(a)  any item of skating equipment that is being used in contravention of the provisions of a notice referred to in section 632 or of the provisions of section 633A, or
(b)  any item of water-based recreational equipment that is being used in contravention of the provisions of a notice referred to in section 633.
(2)  An authorised person may take possession of equipment to which this section applies:
(a)  if the authorised person has directed the person using the equipment to stop using it in contravention of the provisions referred to in subsection (1), and
(b)  if, despite the direction, the person has continued to use the equipment in contravention of those provisions,
but may not use force to do so.
(3)  Equipment that an authorised person takes possession of under this section is referred to in this section as confiscated equipment.
(4)  On taking possession of confiscated equipment, the authorised person must give a receipt to the person from whom it has been taken, indicating the nature of the equipment and the date and time when the authorised person took possession of it.
(5)  The confiscated equipment:
(a)  must be returned to the person from whom it was taken, or be delivered to a public pound within the meaning of the Impounding Act 1993, within 24 hours after possession of it is taken, and
(b)  if it is delivered to a public pound, the person from whom it was taken must be notified in writing of the address of the pound.
(6)  The Impounding Act 1993 (sections 20 and 23 (2) (b) and (c) excepted) applies to confiscated equipment that is delivered to a public pound as if the equipment had been impounded under that Act. Accordingly, it will become returnable on demand.
(7)  The deadline for release for confiscated equipment, as referred to in section 24 of the Impounding Act 1993, is taken to be 28 days from the day on which possession of it was taken.
(8)  In this section, a reference to an authorised person extends to a member of a surf life saving organisation who is authorised by the council concerned to exercise the functions conferred on an authorised person by this section, but so extends only with respect to an item of water-based recreational equipment that is being used in contravention of the provisions of a notice referred to in section 633.
(9)  A council is liable for the acts and omissions of a member of a surf life saving organisation who is an authorised person by virtue of subsection (8) as if the member were an employee of the council.