Queensland Consolidated Acts

PEACE AND GOOD BEHAVIOUR ACT 1982 - SECT 36

36 Court may make restricted premises order

(1) The court may make a restricted premises order for stated premises if the court is satisfied—

(a) a senior police officer reasonably suspects that 1 or more disorderly activities have taken place at the premises and are likely to take place again at the premises; and

(b) making the order is appropriate in the circumstances.

(2) In considering whether or not to make the order, the court must have regard to the following—

(a) the extent to which the premises are open to the public, or used by the public, whether on payment or otherwise;

(b) the extent to which disorderly activities habitually take place at the premises;

(c) the extent to which making the order will reduce the risk to public safety caused by disorderly activities taking place at the premises;

(d) the extent to which making the order will assist in achieving the objects of this Act.

(3) The court may also consider anything else the court considers relevant.

(4) The restricted premises order may be made whether or not an owner or occupier of the premises is present or makes submissions.

Note for subsection (4)—

See section 34 (4) (c) for service requirements for an application to make a restricted premises order.