Victorian Numbered Acts

SUMMARY OFFENCES AND CONTROL OF WEAPONS ACTS AMENDMENT ACT 2009 (NO. 92 OF 2009) - SECT 3

See:
Act No.
7405.
Reprint No. 1
as at
1 January 2009
and amending
Act Nos
9/2008, 46/2008, 1/2009 and 7/2009.
LawToday:
www.
legislation.
vic.gov.au

After Division 1 of Part I of the Summary Offences Act 1966 insert —

" Division 1A—Move-on powers

        6     Direction by police to move on

    (1)     A member of the police force may give a direction to a person or persons in a public place to leave the public place, or part of the public place, if the member suspects on reasonable grounds that—

        (a)     the person is or persons are breaching, or likely to breach, the peace; or

        (b)     the person is or persons are endangering, or likely to endanger, the safety of any other person; or

        (c)     the behaviour of the person or persons is likely to cause injury to a person or damage to property or is otherwise a risk to public safety.

    (2)     A direction under this section may be given orally.

    (3)     A direction under this section may direct the person or persons not to return to the public place or part of a public place or not to be in that public place or part for a specified period of not more than 24 hours.

    (4)     A person must not without reasonable excuse contravene a direction given to the person under this section.

Penalty:     5 penalty units.

    (5)     This section does not apply in relation to a person who, whether in the company of other persons or not, is—

        (a)     picketing a place of employment; or

        (b)     demonstrating or protesting about a particular issue; or

        (c)     speaking, bearing or otherwise identifying with a banner, placard or sign or otherwise behaving in a way that is apparently intended to publicise the person's view about a particular issue.".