Crime Prevention Powers Act 1998 (ACT)

Crime Prevention Powers Act 1998 (repealed)   

A1998-21

Republication No 3

Effective:  24 August 2016

Republication date: 24 August 2016

As repealed by A2016‑48 s 4

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Crime Prevention Powers Act 1998 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting this republished law to 24 August 2016.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001, s 133).

Crime Prevention Powers Act 1998 (repealed)

Contents

Page

1            Name of Act  2

2            Dictionary  2

3            Notes  2

4            Move-on powers  2

Dictionary4

Endnotes

1            About the endnotes  5

2            Abbreviation key  5

3            Legislation history  6

4            Amendment history  7

5            Earlier republications  8

Crime Prevention Powers Act 1998 (repealed)

An Act relating to crime prevention

1. Name of Act

   This Act is the Crime Prevention Powers Act 1998.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Move-on powers

   (1)This section applies if there are reasonable grounds for a police officer to believe that a person in a public place has engaged, or is likely to engage, in violent conduct in that place.

   (2)The police officer may direct the person to leave the vicinity of the public place.

   (3)The direction may be made subject to either or both of the following conditions:

   (a)if the police officer has reasonable grounds for believing that the person is likely to engage in violent conduct while, or immediately after, leaving the vicinity by a particular route—that the person leave the vicinity by a different route (whether the route is stated or unstated);

   (b)that the person not return to the vicinity for a stated period of not longer than 6 hours.

   (4)A person must not, without reasonable excuse, contravene a direction (including a condition of a direction) given to the person under subsection (2).

   Maximum penalty:  2 penalty units.

   (5)This section does not apply in relation to a person who, whether in the company of other people 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.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:

·     police officer

·     property.

public place means—

(a)any street, road, public park or reserve; or

(b)any building, premises or other place that the public is entitled to use or that is open to, or used by, the public, whether on payment of money or otherwise.

violent conduct means—

(a)violence to, or intimidation of, a person; or

(b)damage to property.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Crime Prevention Powers Act 1998 A1998‑21

   notified 10 July 1998 (Gaz 1998 No S190)

   commenced 10 July 1998 (s 2)

   as amended by

   Legislation (Consequential Amendments) Act 2001 A2001‑44 pt 89

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)

   pt 89 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Crimes Legislation Amendment Act 2001 A2001‑63 pt 3

   notified 10 September 2001 (Gaz 2001 No S66)
   s 1, s 2 commenced 10 September 2001 (IA s 10B)

   pt 3 commenced 27 September 2001 (s 2 (2) and CN2001-3)

   Statute Law Amendment Act 2004 A2004-42 sch 3 pt 3.6

   notified LR 11 August 2004
   s 1, s 2 commenced 11 August 2004 (LA s 75 (1))

   sch 3 pt 3.6 commenced 25 August 2004 (s 2 (1))

   as repealed by

   Crimes (Serious and Organised Crime) Legislation Amendment Act 2016 A2016-48 s 4

   notified LR 23 August 2016
   s 1, s 2 commenced 23 August 2016 (LA s 75 (1))
   s 4 commenced 24 August 2016 (s 2 (1))

2. Amendment history

   Name of Act

   s 1sub A2004‑42 amdt 3.23

   Dictionary

   s 2om A2001‑44 amdt 1.992

   ins A2004‑42 amdt 3.24

   Notes

   s 3sub A2004‑42 amdt 3.24

   def public place om A2004‑42 amdt 3.25

   def violent conduct om A2004‑42 amdt 3.25

   Move-on powers

   s 4sub A2001‑63 s 10

   Dictionary

   dictins A2004‑42 amdt 3.25

   def public place ins A2004‑42 amdt 3.25

   def violent conduct ins A2004‑42 amdt 3.25

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 16 Nov 2001	16 Nov 2001– 24 Aug 2004	A2001‑63	new Act and amendments by A2001‑44 and A2001‑63
R2 25 Aug 2004	25 Aug 2004– 23 Aug 2016	A2004‑42	amendments by A2004‑42

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