South Bank Corporation Amendment By-law (No. 1) 1994 (Qld)

Queensland Subordinate Legislation 1994 No. 144 South Bank Corporation Act 1989 SOUTH BANK CORPORATION AMENDMENT BY–LAW (No. 1) 1994 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 By-law amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 6 (Signs regulating drinking, restricted areas etc.) . . . . . 2 5 Amendment of s 8 (Removal and detention of illegally parked cars) . . . . 2 6 Replacement of s 17 (Power to deal with persons causing a public nuisance) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 17 Power to deal with persons causing a public nuisance . . . . . . . . . . . 3 7 Amendment of s 18 (Power to hand over certain offenders to the police) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Insertion of new ss 19–21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 19 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 4 20 Court may exclude person from site . . . . . . . . . . . . . . . . . . . . . . . . . . 5 21 Power of arrest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

s1 2 s5 South Bank Corporation Amendment (No. 1) No. 144, 1994 ˙ Short title 1. This by-law may be cited as the South Bank Corporation Amendment By-law (No. 1) 1994 . ˙ By-law amended 2. This by-law amends the South Bank Corporation By-law 1992 . ˙ Amendment of s 2 (Definitions) 3. Section 2— insert— ‘ “Court” means— (a) for a child within the meaning of the JuvenileJusticeAct1992 —the Childrens Court; or (b) for someone else—a Magistrates Court;’. ˙ Amendment of s 6 (Signs regulating drinking, restricted areas etc.) 4. Section 6(2) and (3)— omit, insert— ‘ (2) A person on the site must comply with a sign mentioned in subsection (1). Maximum penalty—4 penalty units. ‘ (3) A person must not drink liquor at any place on the site other than a place that is indicated by a sign as a place where drinking is allowed. Maximum penalty—6 penalty units.’. ˙ Amendment of s 8 (Removal and detention of illegally parked cars) 5.(1) Section 8(1), ‘authorised person believes’— omit, insert— ‘authorised person or police officer believes’.

s6 3 s6 South Bank Corporation Amendment (No. 1) No. 144, 1994 (2) Section 8(3), ‘authorised person’— omit, insert— ‘authorised person or police officer’. (3) Section 8(6), ‘cost’— omit, insert— ‘reasonable cost’. ˙ Replacement of s 17 (Power to deal with persons causing a public nuisance) 6. Section 17— omit, insert— ˙ ‘ Power to deal with persons causing a public nuisance ‘ 17.(1) This section applies if a security officer or police officer finds a person contravening section 7 (Conduct causing a public nuisance). ‘ (2) The security officer or police officer may direct the person to leave the site or a part of the site. ‘ (3) A direction to leave the site, or a part of the site, under subsection (2) may include a direction not to re-enter it for 24 hours. ‘ (4) A person must not contravene a direction given to the person under subsection (2), unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units. ‘ (5) A security officer may, by written notice, direct a person to leave the site, or a part of the site, and not re-enter it for a specified period (starting when the direction is given) of not more than 10 days if— (a) the person contravenes a direction given to the person under subsection (2); or (b) the security officer is of the opinion, on reasonable grounds, that the exclusion of the person from the site is justified because of the person’s behaviour. ‘ (6) A person must not contravene a direction given to the person under

s7 4 s8 South Bank Corporation Amendment (No. 1) No. 144, 1994 subsection (5), unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units. ‘ (7) Subsections (5) and (6) and this subsection expire on 30 June 1995.’. ˙ Amendment of s 18 (Power to hand over certain offenders to the police) 7. Section 18— insert— ‘(c) contravening section 17(4) or (6); (d) contravening section 20(3);’. ˙ Insertion of new ss 19–21 8. After section 18— insert— ˙ ‘ Power to require name and address ‘ 19.(1) A security officer or police officer may require a person to state the person’s name and address if the security officer or police officer— (a) finds the person committing an offence against this by-law; or (b) finds the person in circumstances that lead, or has information that leads, the security officer or police officer to suspect on reasonable grounds that the person has just committed an offence against this by-law; or (c) suspects on reasonable grounds the person has not left the site or has entered the site in contravention of a direction under section 17(2) or (5) (Power to deal with persons causing a public nuisance) or an order under section 20(1) (Court may exclude person from site). ‘ (2) When making the requirement, the security officer or police officer must warn the person it is an offence to fail to state the person’s name and

s8 5 s8 South Bank Corporation Amendment (No. 1) No. 144, 1994 address, unless the person has a reasonable excuse. ‘ (3) The security officer or police officer may require the person to give evidence of the correctness of the person’s name and address if the security officer or police officer suspects, on reasonable grounds, that the name or address given is false. ‘ (4) A person must comply with the security officer’s or police officer’s requirement under subsection (1) or (3), unless the person has a reasonable excuse for not complying with it. Maximum penalty—10 penalty units. ‘ (5) The person does not commit an offence against this section if— (a) the security officer or police officer required the person to state the person’s name and address on suspicion of the person having committed an offence against this by-law; and (b) the person is not proved to have committed the offence. ‘ (6) This section expires on 30 June 1995. ˙ ‘ Court may exclude person from site ‘ 20.(1) The Corporation may apply to a court for an order excluding a person from the site because of the person’s behaviour on the site. ‘ (2) The application may be made in the course of a proceeding for an offence against section 7 (Conduct causing a public nuisance) or 17(4) or (6) (Power to deal with persons causing a public nuisance), or at any other time. ‘ (3) If the application is not made in the course of a proceeding for an offence against section 7 (Conduct causing a public nuisance) or 17(4) or (6) (Power to deal with persons causing a public nuisance), the Corporation must give notice of the application to the person at least 21 days before the application is heard. ‘ (4) The notice must set out particulars of the alleged behaviour. ‘ (5) If the court decides to make the order, the court may order that the person not re-enter the site, or a specified part of the site, for a specified period, of not more than 1 year. ‘ (6) The person must not re-enter the site, or the specified part of the site,

s8 6 s8 South Bank Corporation Amendment (No. 1) No. 144, 1994 during the specified period. Maximum penalty—20 penalty units. ‘ (7) This section expires on 30 June 1995. ˙ ‘ Power of arrest ‘ 21.(1) This section applies to an offence against any of the following sections— • section 17(4) or (6) (Power to deal with persons causing a public nuisance) • section 19 (Power to require name and address) • section 20(3) (Court may exclude person from site). ‘ (2) A police officer may arrest a person if— (a) the officer— (i) finds the person committing an offence to which this section applies; or (ii) finds the person in circumstances that lead, or has information that leads, the officer to suspect on reasonable grounds that the person has just committed an offence to which this section applies; and (b) the officer believes on reasonable grounds that a proceeding against the person by way of complaint and summons would be ineffective. ‘ (3) This section expires on 30 June 1995.’. ENDNOTES 1. Made by the South Bank Corporation on 21 April 1994. 2. Approved by the Governor in Council on 5 May 1994. 3. Notified in the Gazette on 6 May 1994. 4. Laid before the Legislative Assembly on . . . 5. The administering agency is the Department of the Premier, Economic and Trade Development.

s8 7 s8 South Bank Corporation Amendment (No. 1) No. 144, 1994 © State of Queensland 1994