Queensland Consolidated Acts

RECREATION AREAS MANAGEMENT ACT 2006 - SECT 167

167 Power to give direction to leave recreation area

(1) Subsection (2) applies if, in a recreation area, an authorised officer—

(a) finds a person committing, or about to commit, an offence against this Act; or

(b) finds a person in circumstances that lead the officer to reasonably suspect the person has committed an offence against this Act; or

(c) has information that leads the officer to reasonably suspect a person has committed an offence against this Act.

(2) The authorised officer may direct the person to immediately leave the recreation area or a stated part of it if the officer reasonably believes it is necessary to do so—

(a) to prevent continuation of the offence; or

(b) to secure evidence of the offence; or

(c) to prevent another offence from being committed.

(3) The person must comply with the direction and not re-enter the area or part within 24 hours after leaving.

Penalty—

Maximum penalty—80 penalty units.

(4) If an authorised officer reasonably believes circumstances exist that are a danger to a person, or the person’s property, in a recreation area, the officer may direct the person to leave the area, or the part of the area, where the danger exists.

(5) If an authorised officer reasonably believes the presence of a person in a recreation area may interfere with an emergency or rescue activity, the officer may direct the person to leave the area, or the part of the area, where the emergency or activity is taking place.

(6) A person must comply with a direction given under subsection (4) or (5) .

Penalty—

Maximum penalty—80 penalty units.

(7) If a person fails to comply with a direction given under this section, an authorised officer may take the steps that appear to the officer to be reasonable and necessary to secure compliance with the direction, including, for example—

(a) using reasonable force; and

(b) removing the person’s property to a place inside or outside the recreation area.