Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 602C

602C Police officer may give initial police banning notice

(1) A police officer may give a police banning notice (an
"initial police banning notice" ) to an adult.

(2) Before giving the initial police banning notice, the police officer must obtain the approval of a police officer of at least the rank of sergeant, unless the police officer giving the notice has that rank.

(3) The police officer giving the initial police banning notice or, if an approval is required under subsection (2) , the approval, must be reasonably satisfied that giving the notice is necessary because—

(a) the respondent has behaved in a disorderly, offensive, threatening or violent way; and

Examples of disorderly, offensive, threatening or violent behaviour—

• assaulting or threatening to assault a person

• damaging property, attempting to damage property or threatening to damage property

• possessing a knife in contravention of the Weapons Act 1990 , section 51

• stealing an item from a person or premises

• taking a photograph of a person using a toilet facility from under a cubicle door

• urinating or wilfully exposing genitals in contravention of the Summary Offences Act 2005 , section 7 or 9

• using or possessing a dangerous drug

• wearing or carrying an item in contravention of the Summary Offences Act 2005 , section 10C

(b) the respondent’s behaviour was at, or in the vicinity of, a relevant public place; and

(c) the person’s ongoing presence, or presence in the immediate future, at the relevant public place and any other place stated in the notice, poses an unacceptable risk of—

(i) causing violence at the places; or

(ii) impacting on the safety of other persons attending the places; or

(iii) disrupting or interfering with the peaceful passage, or reasonable enjoyment of other persons, at the places.

(4) The approval mentioned in subsection (2) may be sought and given verbally, including, for example, in person or by telephone, radio, internet or other similar facility.