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TRANSPORT OPERATIONS (PASSENGER TRANSPORT) ACT 1994 - SECT 143AHB

Power to require person to leave or not enter public transport infrastructure if person contravening order

143AHB Power to require person to leave or not enter public transport infrastructure if person contravening order

(1) An authorised person may—
(a) direct a person to leave public transport infrastructure if the person is in or on the public transport infrastructure in contravention of an exclusion order or a civil banning order; or
(b) direct a person not to enter public transport infrastructure if the authorised person reasonably believes the person would be in contravention of an exclusion order or a civil banning order if the person enters the public transport infrastructure.
(2) If the person does not obey the direction, the authorised person may use force that is reasonable to get the person to leave or not enter the public transport infrastructure.
(3) The authorised person may exercise the power mentioned in subsection (2) in, or in an area adjacent to, the public transport infrastructure.
Examples of an area adjacent to public transport infrastructure—
• a footpath adjacent to a parked bus
• the side of a road adjacent to a light rail station or platform
• an area open to or used by the public that is adjacent to a busway
(4) An authorised person can not give a direction under this section if the authorised person is satisfied the person has a reasonable excuse for contravening the order.
(5) For subsection (4) , a person has a reasonable excuse for contravening the order if—
(a) for an exclusion order—the person has a reasonable excuse mentioned in section 129ZG (2) ; or
(b) for a civil banning order—the person has a reasonable excuse mentioned in section 129ZZ (2) .



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