Queensland Consolidated Acts

PEACE AND GOOD BEHAVIOUR ACT 1982 - SECT 31

31 Prevention of contravention of public safety order

(1) This section applies if a police officer reasonably suspects an offence against section 32 has been committed, is being committed, or is about to be committed in relation to a public safety order.

(2) The police officer may exercise 1 or more of the following powers—

(a) stop a person or group of persons for whom the order has been made from entering a public safety place;

(b) stop, detain and search a vehicle approaching, in or leaving a public safety place—

(i) to search for a person for whom the order has been made; or

(ii) to serve a copy of the order on a person for whom the order has been made;

(c) remove a person or group of persons for whom the order has been made from a public safety place;

(d) take any other steps the police officer reasonably considers necessary.

(3) However, before exercising a power under subsection (2) , a police officer must, if it is practicable to do so, first give the person against whom the power is to be exercised a direction—

(a) for subsection (2) (a) —not to enter the public safety place; or

(b) for subsection (2) (c) —to leave the public safety place; or

(c) for subsection (2) (d) —to take the step the police officer reasonably considers necessary.

(4) A police officer may give any direction that is reasonably necessary to exercise a power under subsection (2) or (3) .

(5) A direction given under this section is taken to be a direction given under the Police Powers and Responsibilities Act 2000 .

Note—

Failure to comply with a direction given under this section is an offence against the Police Powers and Responsibilities Act 2000 , section 791 .

(6) A person does not commit an offence against the Police Powers and Responsibilities Act 2000 , section 791 if—

(a) the person was directed to do something under this section; and

(b) the court is not satisfied that the police officer, at the time of giving the direction, had the suspicion mentioned in subsection (1) .

(7) In this section—

"public safety place" means—

(a) premises or an area to which a public safety order applies; or

(b) a place where an event is taking place to which a public safety order applies.