Section 81 of the Principal Act is repealed and the following sections are substituted:

81.     Barring orders

(1)  In this section –

barred person means a person on or to whom an order under subsection (2) or (4) is served or given;

senior police officer , in relation to a barring order, means –

(a) in the case of a barring order in force for a period of less than 72 hours, a police officer of or above the rank of sergeant; and

(b) in the case of a barring order in force for a period of 72 hours or more, a police officer of or above the rank of inspector.

(2)  A licensee, a person acting with the authority of the licensee, or a permit holder, may by order in writing served on a person, bar that person from entering or remaining on the licensed premises or permit premises for a specified period not exceeding 6 months –

(a) if the barred person is intoxicated or acting in a violent or quarrelsome manner on the licensed premises or permit premises; or

(b) if the licensee, person acting with the authority of the licensee, or permit holder, reasonably believes that the safety of the barred person or any other person on the licensed premises or permit premises is at risk because of the behaviour of the barred person as a result of his or her consumption of liquor; or

(c) on any other reasonable ground.

(3)  An order served under subsection (2) must be in a form approved by the Commissioner.

(4)  A police officer may, with the authorisation of a senior police officer, by order given to a person in the prescribed manner, bar the person from entering or remaining on –

(a) specified licensed premises or permit premises; or

(b) licensed premises or permit premises of a specified class within a specified area; or

(c) all licensed premises or permit premises within a specified area –

for a specified period not exceeding 6 months.

(5)  A police officer may give an order under subsection (4)  –

(a) if the police officer is satisfied that the welfare of the barred person is seriously at risk as a result of the barred person's consumption of liquor; or

(b) if the barred person commits an offence, or behaves in an offensive or disorderly manner, on the licensed premises or permit premises or in an area adjacent to the licensed premises or permit premises; or

(c) on any other reasonable ground.

(6)  Notwithstanding the Personal Information Protection Act 2004 , a police officer may provide a licensee or permit holder, or an employee of a licensee or permit holder, with information about a person (including photographic and other information that may identify the person) for the purpose of identifying a person who has been barred from the licensed premises or permit premises under a barring order.

(7)  A person who is prohibited under a barring order from entering or remaining on licensed premises or permit premises must not enter or attempt to enter, or remain on, the licensed premises or permit premises to which the order relates.

Penalty:  Fine not exceeding 50 penalty units.

(8)  A person on whom a barring order has been served or given must not, without reasonable excuse, enter or remain in the vicinity of the licensed premises or permit premises to which the order relates for –

(a) the remainder of the day's trading for the licensed premises or permit premises; or

(b) 6 hours from the time of being served or given the barring order –

whichever is the longer period.

Penalty:  Fine not exceeding 50 penalty units.

(9)  For the purposes of subsection (8) , reasonable excuse includes, but is not limited, to the person –

(a) residing within the vicinity of the licensed premises or permit premises; and

(b) needing to remain in, or re-enter, the vicinity of the licensed premises or permit premises to obtain transport; and

(c) reasonably fearing for his or her safety if he or she does not remain in, or re-enter, the vicinity of the licensed premises or permit premises.

(10)  A barring order under this section must contain any prescribed information.

(11)  The power under this section to serve or give a barring order includes a power, exercisable in a like manner, to vary or revoke the barring order.

81A.     Review of police barring order

(1)  A person may apply, in writing, to the Commissioner of Police for a review of a barring order given by a police officer under section 81(4) .

(2)  If an application for a review of a barring order is made under subsection (1) , the Commissioner of Police must – 

(a) determine the application; or

(b) appoint a police officer of or above the rank of inspector to determine the application.

(3)  In determining an application for a review of a barring order under subsection (1) , the Commissioner of Police or police officer appointed under subsection (2)(b) may –

(a) uphold the barring order; or

(b) vary the barring order; or

(c) revoke the barring order.

(4)  An application under subsection (1) must be determined within 28 days from the date the Commissioner of Police received the application.

(5)  On determining an application under subsection (1) , the Commissioner of Police or police officer appointed under subsection (2)(b) must notify the applicant, in writing, of that determination.

(6)  A notice under subsection (5) is to inform the applicant of the applicant's right to appeal to the Commission against the making of a determination under subsection (3) .