Queensland Consolidated Acts

PEACE AND GOOD BEHAVIOUR ACT 1982

- As at 25 May 2020 
- Act 67 of 1982 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Definitions
   4.      Objects of Act

   PART 2 - PEACE AND GOOD BEHAVIOUR ORDERS

           Division 1 - Making of orders

   5.      Complaint in respect of breach of the peace
   6.      Justice may make inquiries or receive evidence
   7.      Magistrates Court may make order
   8.      Where defendant does not appear
   9.      Application of Justices Act
   10.     Application of Bail Act

           Division 2 - Offences

   11.     Offence for breach of order
   12.     Court may make further order
   13.     Proceedings for offences

   PART 3 - PUBLIC SAFETY ORDERS

           Division 1 - Preliminary

   14.     Definition for part
   15.     Object of part
   16.     Peaceful Assembly Act 1992 unaffected

           Division 2 - Making of orders by commissioned officers

   17.     Commissioned officer may make public safety order
   18.     Conditions
   19.     Particular orders must be authorised by court
   20.     Content of order
   21.     Service of order
   22.     Urgent orders
   23.     Duration
   24.     Records to be kept

           Division 3 - Making of orders by court

   25.     Senior police officer may apply for public safety order
   26.     Response by respondent
   27.     Court may make public safety order
   28.     Conditions
   29.     Duration
   30.     Revocation or variation

           Division 4 - Police powers for enforcing public safety orders
           Note—

   31.     Prevention of contravention of public safety order

           Division 5 - Offence

   32.     Contravention of public safety order

   PART 4 - RESTRICTED PREMISES ORDERS

           Division 1 - Preliminary

   33.     Definitions for part

           Division 2 - Making of orders

   34.     Senior police officer may apply for restricted premises order
   35.     Response by owner or occupier
   36.     Court may make restricted premises order
   37.     Conditions
   38.     Duration
   39.     Revocation or variation

           Division 3 - Prescribed places

   40.     Definitions for division
   41.     Regulation-making power for prescribed places
   42.     Prescribed place taken to be restricted premises for 2 years
   43.     Extension of initial period
   44.     Response by owner or occupier
   45.     Court may make extension order
   46.     Effect of extension order
   47.     Duration
   48.     Revocation or variation

           Division 4 - Police powers for enforcing restricted premises orders
           Note—

   49.     Searching restricted premises without warrant

           Division 5 - Applications for return of prohibited items

   50.     Application to court by owner for return of prohibited item
   51.     Court may order return of prohibited item

           Division 6 - Forfeiture of prohibited items

   52.     Application of division
   53.     Forfeiture of prohibited item

           Division 7 - Offence

   54.     Offence by owner or occupier of restricted premises

           Division 8 - Evidentiary matters

   55.     Disorderly activity taken to have happened if obstruction or fortification

   PART 5 - FORTIFICATION REMOVAL ORDERS

           Division 1 - Preliminary

   56.     Definitions for part
   57.     Relationship with Sustainable Planning Act 2009 and development approvals

           Division 2 - Making of orders

   58.     Senior police officer may apply for fortification removal order
   59.     Response by owner or occupier
   60.     Court may make fortification removal order
   61.     Conditions
   62.     When order takes effect
   63.     Revocation or variation

           Division 3 - Police powers for enforcing fortification removal orders
           Note—

   64.     Application of division
   65.     Powers for removing and modifying fortifications
   66.     Procedure for entry to fortified premises
   67.     Requirements for entry to buildings on fortified premises
   68.     Exemption from compliance with noise standards

           Division 4 - Forfeiture of fortifications

   69.     Application of division
   70.     Definitions for division
   71.     Forfeiture of removed fortification
   72.     Recovery of enforcement costs
   73.     Compensation from State to particular owners
   74.     Recovery of paid compensation from responsible person

           Division 5 - Offence

   75.     Hindering removal or modification of a fortification

           Division 6 - Evidentiary matters

   76.     Power to give stop and desist notice
   77.     Noncompliance with stop and desist notice taken to be evidence of fortification

   PART 6 - COURT PROCEEDINGS

           Division 1 - Jurisdiction

   78.     Conferral of jurisdiction
   79.     Constitution of Magistrates Court

           Division 2 - Proceedings for orders

   80.     General application of rules of court
   81.     Standard of proof
   82.     Service by public notice
   83.     Service affidavit that must be filed

           Division 3 - Proceedings for offences

   84.     Summary proceedings for offences
   85.     Proceedings for indictable offence
   86.     When summary proceeding may start

           Division 4 - Appeals

   87.     Definition for division
   88.     Who may appeal
   89.     How to start appeal
   90.     Effect of particular orders not stayed by appeal
   91.     Hearing procedures
   92.     Powers of appellate court

   PART 7 - GENERAL

           Division 1 - General safeguards for things in possession of police service

   93.     Application of division
   94.     Receipt for seized or removed thing
   95.     Responsibilities of police officer taking possession of thing

           Division 2 - Miscellaneous

   96.     Delegation by commissioner
   97.     Protection from liability
   98.     Review of Act
   99.     Approved forms
   100.    Regulation-making power

   PART 8 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020

   101.    Existing applications for restricted premises orders
   102.    Application of s 54 in relation to particular disorderly activities
   103.    Appeals may not be made against particular decisions made before commencement
           SCHEDULE 1