Victorian Current Acts

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VICTORIA POLICE ACT 2013 - SECT 59A

Powers relating to police premises—requests and directions

    (1)     A police officer or protective services officer on duty may request a person who is on or in the vicinity of police premises to provide—

        (a)     the person's reason for being on or in the vicinity of police premises; and

        (b)     if the police officer or protective services officer considers that the reason provided is not a legitimate reason, the person's name and residential address.

    (2)     A police officer or protective services officer on duty may direct a person who is on or in the vicinity of police premises to leave or not to enter the police premises, if the police officer or protective services officer believes on reasonable grounds that—

        (a)     the person does not have a legitimate reason for being on or in the vicinity of police premises; and

        (b)     the direction is necessary—

              (i)     to preserve the peace; or

              (ii)     to maintain the security of the police premises.

    (3)     A direction given under subsection (2) may include a direction that the person not return to or enter the police premises for a period of not more than 7 days without the permission of a police officer or protective services officer on duty, unless—

        (a)     the person has a legitimate reason to return to or enter the police premises; or

        (b)     it is not practicable for the person to obtain the permission of a police officer or protective services officer on duty.

    (4)     A direction referred to in subsection (3) must be—

        (a)     given in writing to the person; or

        (b)     displayed in a conspicuous place on or in the vicinity of the police premises.

    (5)     Before exercising a power under this section, a police officer who is not in uniform must—

        (a)     inform the person of the police officer's name and position; and

        (b)     show evidence of the police officer's name and position.

    (6)     A person must not refuse or fail to comply with, or provide false or misleading information in response to, a request made under subsection (1).

Penalty:     5 penalty units.

    (7)     A person must not, without reasonable excuse, refuse or fail to comply with a direction given under subsection (2).

Penalty:     5 penalty units.

    (8)     In this section—

"legitimate reason" includes the following—

        (a)     seeking the assistance of a police officer or protective services officer;

        (b)     reporting the commission of an offence to a police officer or protective services officer;

        (c)     providing information to a police officer or protective services officer;

        (d)     attendance required by law.

S. 59B inserted by No. 37/2022 s. 15.



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