New South Wales Consolidated Acts

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 - SECT 198

198 Move on directions to intoxicated persons in public places

(1) A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person's behaviour in the place as a result of the intoxication (referred to in this Part as
"relevant conduct" )--

(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or

(b) is disorderly.

(2) A direction given by a police officer under this section must be reasonable in the circumstances for the purpose of--

(a) preventing injury or damage or reducing or eliminating a risk to public safety, or

(b) preventing the continuance of disorderly behaviour in a public place.

(3) The period during which a person may be directed not to return to a public place is not to exceed 6 hours after the direction was given.

(4) The other person or persons referred to in subsection (1)(a) need not be in the public place but must be near that place at the time the relevant conduct is being engaged in.

(5) For the purposes of this section, a person is
"intoxicated" if--

(a) the person's speech, balance, co-ordination or behaviour is noticeably affected, and

(b) it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of alcohol or any drug.

(6) A police officer must give to a person to whom the officer gives a direction under this section (being a direction on the grounds that the person is intoxicated and disorderly in a public place) a warning that it is an offence to be intoxicated and disorderly in that or any other public place at any time within 6 hours after the direction is given. The warning is in addition to any other warning required under Part 15.

Note : See relevant offence under section 9 of the Summary Offences Act 1988 .