South Australian Current Acts South Australian Current Acts83BA—Overcrowding at public venues
(1) A police officer
may enter and inspect a public venue to determine whether there is
overcrowding such that there is serious risk of injury or damage.
(2) Where a senior
police officer forms the opinion that there is serious risk of injury or
damage due to overcrowding at a public venue, the officer may do one or more
of the following:
(a)
order persons to leave the place immediately;
(b)
order the occupier of the place immediately to remove persons from the place;
(c)
order the occupier of the place to take other specified action to rectify the
situation immediately or within a specified period;
(d) if
an order under paragraph (a), (b) or (c) is not obeyed, take action to
carry out the order;
(e) if
satisfied that the safety of persons cannot reasonably be ensured by other
means, order the occupier of the place to close the place immediately and for
such period as the officer considers necessary (but not exceeding 12 hours)
for the alleviation of the danger;
(f) if a
closure order under paragraph (e) cannot for any reason be given to the
occupier, or if a closure order, having been given to the occupier, is not
immediately obeyed, take action to close the place for such period as the
officer considers necessary (but not exceeding 12 hours) for the alleviation
of the danger.
(3) An order under
this section may be given orally or by notice in writing served on the
occupier of the place.
(4) If a closure order
under this section is given orally, the officer must as soon as practicable
cause a written notice containing the order to be served on the occupier of
the place.
(5) If a person given
an order under this section refuses or fails to obey the order, the person is
guilty of an offence.
Maximum penalty: $2 500 or imprisonment for 6 months.
(6) When a
senior police officer is satisfied that the danger has been alleviated, he or
she may rescind an order under this section.
(7) A senior police
officer may authorise another police officer to exercise all or any of the
powers conferred by subsection (2) if satisfied (whether on the basis or
his or her own observations or the report of another police officer) that
urgent action is required.
(8) A police officer
may use such force to enter a place, or to take other action under this
section, as is reasonably necessary for the purpose.
(9) The Commissioner
must include in the Commissioner's annual report to the Minister to whom the
administration of the Police Act 1998 is for the time being committed a
record of the authorisations issued under subsection (7) during the
period to which the report relates.