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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Sydney Public Reserves (Public Safety) Bill
2017
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
Part 2 Application of Act
4 Application to Martin Place Reserve 3
5 Governor may apply Act to other public reserves in the City of
Sydney 3
6 Act does not apply to activities authorised by public reserve manager 3
Part 3 Martin Place Reserve and other declared Sydney public
reserves--police powers
7 Directions to remove or remedy interference or unlawful occupation 4
8 Seizure and removal of things to remove or remedy interference or
unlawful occupation 4
9 Safeguards under LEPRA apply 4
10 Giving of directions to groups of persons 5
11 Limitation on exercise of police powers under this Act 5
12 Code of practice 5
Sydney Public Reserves (Public Safety) Bill 2017 [NSW]
Contents
Page
Part 4 Miscellaneous
13 Penalty notices 6
14 Nature of proceedings for offences 6
15 Act not affected by enactment of Crown Land Management Act 2016 6
16 Regulations 6
Page 2
I certify that this public bill, which originated in the Legislative Assembly, has finally passed
the Legislative Council and the Legislative Assembly of New South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2017
New South Wales
Sydney Public Reserves (Public Safety) Bill
2017
Act No , 2017
An Act to authorise police officers to exercise powers with respect to the occupation of the Martin
Place Reserve and other declared public reserves in the City of Sydney.
I have examined this bill and find it to correspond in all respects with the bill as finally
passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Sydney Public Reserves (Public Safety) Bill 2017 [NSW]
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Sydney Public Reserves (Public Safety) Act 2017.
2 Commencement
This Act commences on the date of assent to this Act.
3 Definitions
(1) In this Act:
Martin Place Reserve means the public reserve in Martin Place, Sydney, between
Macquarie Street and George Street.
occupation of a public reserve, includes the use of the reserve or the presence of a
person in the reserve.
public reserve means:
(a) land dedicated or reserved for a public purpose under the Crown Lands Act
1989 or the Crown Land Management Act 2016, or
(b) a public reserve within the meaning of the Local Government Act 1993.
public reserve to which this Act applies means:
(a) the Martin Place Reserve, and
(b) any other public reserve in the City of Sydney to which this Act is applied by
a proclamation under Part 2.
the public includes any section of the public.
Note. The Interpretation Act 1987 contains definitions and other provisions that affect the
interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
Page 2
Sydney Public Reserves (Public Safety) Bill 2017 [NSW]
Part 2 Application of Act
Part 2 Application of Act
4 Application to Martin Place Reserve
This Act applies to the Martin Place Reserve.
5 Governor may apply Act to other public reserves in the City of Sydney
(1) The Governor may, by proclamation made on the recommendation of the Minister,
apply this Act to any other public reserve described in the proclamation that is within
the City of Sydney.
(2) The Minister is not to recommend the making of a proclamation under this section
unless satisfied that, as a result of the relocation of persons occupying the Martin
Place Reserve or any other occupation of a public reserve, it is in the public interest
that police officers exercise powers under this Act in relation to the public reserve.
(3) A proclamation under this section may be amended or revoked by a further
proclamation of the Governor.
6 Act does not apply to activities authorised by public reserve manager
(1) Subject to subsection (2), this Act does not apply to a thing or person in a public
reserve if the manager of the reserve has authorised the presence of the thing or
person in the reserve.
(2) The Minister may, by notice to the Commissioner of Police and the manager of the
reserve, direct that this Act applies to specified things or persons (or to things or
persons of a specified kind) on a public reserve.
(3) In this section:
manager of a public reserve means the body or person having the control and
management of the reserve under the legislation relating to the reserve.
Page 3
Sydney Public Reserves (Public Safety) Bill 2017 [NSW]
Part 3 Martin Place Reserve and other declared Sydney public reserves--police powers
Part 3 Martin Place Reserve and other declared Sydney public
reserves--police powers
7 Directions to remove or remedy interference or unlawful occupation
(1) A police officer may give a direction to a person who is in a public reserve to which
this Act applies if the police officer believes on reasonable grounds that the person's
occupation of the reserve:
(a) materially interferes with the reasonable enjoyment of the rights of the public
in relation to the reserve, or
(b) is unlawful.
(2) A direction given by a police officer under this section must be reasonable in the
circumstances for the purposes of removing or remedying the interference or
unlawful occupation.
(3) Without limiting the directions that may be given under this section, a direction may
be given to a person to leave the public reserve and not return for a specified period
(not exceeding 6 hours after the direction is given).
(4) A person must not, without reasonable excuse, refuse or fail to comply with a
direction given under this section.
Maximum penalty: 2 penalty units.
8 Seizure and removal of things to remove or remedy interference or unlawful
occupation
(1) A police officer may seize and remove from a public reserve to which this Act applies
any tent, goods or other thing if the police officer believes on reasonable grounds that
it is necessary or expedient for the purposes of removing or remedying any
interference or unlawful occupation referred to in section 7 in relation to the reserve.
(2) A police officer may seize and remove things under this section with the aid of such
assistants as the police officer considers necessary.
(3) A person must not, without reasonable excuse, obstruct a police officer (or a person
assisting a police officer) in the exercise of the power to seize and remove things
under this section.
Maximum penalty: 20 penalty units.
(4) A thing that a police officer has seized and removed from a public reserve under this
section:
(a) may be returned to the person from whom it was seized if it is lawful for the
person to have possession of the thing, or
(b) may be disposed of in accordance with the directions of the Commissioner of
Police, or
(c) may be delivered to the council of the area in which the reserve is situated.
(5) On being so delivered to the council, the thing is taken to be an article duly
impounded by an impounding officer appointed by the council in accordance with
the Impounding Act 1993.
9 Safeguards under LEPRA apply
Part 15 of the Law Enforcement (Powers and Responsibilities) Act 2002 sets out
safeguards relating to the exercise of powers by police officers under this Act.
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Sydney Public Reserves (Public Safety) Bill 2017 [NSW]
Part 3 Martin Place Reserve and other declared Sydney public reserves--police powers
10 Giving of directions to groups of persons
(1) A police officer may give a direction under this Act to persons comprising a group.
(2) In any such case, the police officer is not required to repeat the direction, or to repeat
the information and warning referred to in Part 15 of the Law Enforcement (Powers
and Responsibilities) Act 2002, to each person in the group.
(3) 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.
11 Limitation on exercise of police powers under this Act
(1) This Act does not authorise a police officer to exercise a power in relation to an
industrial dispute.
(2) This Act does not authorise a police officer to exercise a power in relation to a
demonstration, protest, procession or assembly that is an authorised public assembly
for the purposes of Part 4 of the Summary Offences Act 1988 or a demonstration,
protest, procession or assembly that is being held substantially in accordance with
any such authorisation.
12 Code of practice
(1) The regulations may prescribe a code of practice relating to the exercise of powers
by police officers under this Act and the rights of persons to whom directions are
given under this Act.
(2) The exercise of powers by police officers under this Act is subject to any such
prescribed code of practice.
(3) Until any such code of practice is prescribed, the Commissioner of Police may
require police officers exercising powers under this Act to comply with any specified
requirements of the code of practice prescribed under section 200A of the Law
Enforcement (Powers and Responsibilities) Act 2002 in relation to directions under
Part 14 of that Act.
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Sydney Public Reserves (Public Safety) Bill 2017 [NSW]
Part 4 Miscellaneous
Part 4 Miscellaneous
13 Penalty notices
(1) A police officer may issue a penalty notice to a person if it appears to the officer that
the person has committed a penalty notice offence.
(2) A penalty notice offence is:
(a) an offence against section 7 (4), or
(b) an offence against the regulations that is prescribed by the regulations as a
penalty notice offence.
(3) The Fines Act 1996 applies to a penalty notice issued under this section.
Note. The Fines Act 1996 provides that, if a person issued with a penalty notice does not wish
to have the matter determined by a court, the person may pay the amount specified in the
notice and is not liable to any further proceedings for the alleged offence.
(4) The amount payable under a penalty notice issued under this section is the amount
prescribed for the alleged offence by the regulations (not exceeding the maximum
amount of penalty that could be imposed for the offence by a court). Until an amount
is prescribed by the regulations for an alleged offence against section 7 (4), the
amount of $110 is prescribed.
(5) This section does not limit the operation of any other provision of, or made under,
this or any other Act relating to proceedings that may be taken in respect of offences.
14 Nature of proceedings for offences
Proceedings for offences against this Act or the regulations may be dealt with
summarily before the Local Court.
15 Act not affected by enactment of Crown Land Management Act 2016
The application of this Act to a public reserve is not affected by the repeal of the
Crown Lands Act 1989 by the Crown Land Management Act 2016 or the transfer of
the care, control and management of the reserve under the Crown Land Management
Act 2016.
16 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with
respect to any matter that by this Act is required or permitted to be prescribed or that
is necessary or convenient to be prescribed for carrying out or giving effect to this
Act.
(2) The regulations may create offences punishable by a penalty not exceeding
50 penalty units.
Page 6
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