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PENALTIES AND SENTENCES ACT 1992 - SECT 161ZL
Police powers for preventing contravention of control order
161ZL Police powers for preventing contravention of control order
(1) This section applies if a police officer reasonably suspects an offence
against section 161ZI has been committed, is being committed, or is about to
be committed in relation to a control order or a registered corresponding
control order.
(2) The police officer may exercise 1 or more of the following
powers in relation to the person subject to the control order or registered
corresponding control order— (a) if the order prohibits the person from
associating with a stated person or a person of a stated class—require the
person subject to the order to leave a place where the stated person or person
of the stated class is present and not to return to the place within a stated
reasonable time of not more than 24 hours;
(b) if the order prohibits the
person from entering or being in the vicinity of a stated place or a place of
a stated class—require the person subject to the order to leave— (i) the
stated place or a place of the stated class; or
(ii) the vicinity of a place
mentioned in subparagraph (i) .
(3) However, subsection (2) does not apply if
requiring the person to leave the place may endanger the safety of the person
or another person.
(4) A requirement made under this section is taken to be a
requirement made under the Police Powers and Responsibilities Act 2000 .
Note— Failure to comply with a requirement made under this section is an
offence against the Police Powers and Responsibilities Act 2000 , section 791
.
(5) A person does not commit an offence against the
Police Powers and Responsibilities Act 2000 , section 791 if— (a) the person
was required to do something under subsection (2) ; and
(b) the court is not
satisfied the police officer, at the time of giving the direction, had the
suspicion mentioned in subsection (1) .
(6) In this section—
"place" see the Police Powers and Responsibilities Act 2000 , schedule 6 .
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