Australian Capital Territory Current Acts

LIQUOR ACT 2010 - SECT 143F

    (1)     On application under section 143E, a magistrate may make an exclusion order for a person, but only if satisfied that—

        (a)     the person has, in company with others and on 1 or more occasions in the 12 months before the application was made, engaged in violent conduct on or in the immediate vicinity of any licensed premises; and

        (b)     making an exclusion order will reduce the risk to public safety.

    (2)     An exclusion order applies to all licensed premises operated under the following licences:

        (a)     a general licence;

        (b)     an on licence (other than a restaurant and cafe licence);

        (c)     a club licence;

        (d)     a special licence.

    (3)     However, on application by the chief police officer or the person, the magistrate may decide the exclusion does not apply to particular licensed premises (the relevant premises ) if the magistrate is satisfied that—

        (a)     the person has a legitimate and genuine need to be on the premises; and

        (b)     allowing the person to be on the premises would not pose a risk to public safety.

    (4)     The exclusion period must be 12 months unless the magistrate considers that a shorter period is appropriate having regard to the nature and seriousness of the conduct.

    (5)     An exclusion order must state—

        (a)     the name of the excluded person; and

        (b)     if there are no relevant premises—that the exclusion applies to all licensed premises mentioned in subsection (2); and

        (c)     if there are relevant premises—that the exclusion applies to all licensed premises other than the relevant premises and the details of the relevant premises; and

        (d)     the exclusion period.

    (6)     The magistrate must give a copy of the exclusion order to—

        (a)     the excluded person; and

        (b)     the chief police officer; and

        (c)     the commissioner.