Western Australian Current Acts Western Australian Current Acts (1) A police officer
may order a person who is in a public place, or in a vehicle used for public
transport, to leave it, or a part of it specified by the officer, if the
officer reasonably suspects that the person —
(a) is
doing an act —
(i)
that involves the use of violence against a person; or
(ii)
that will cause a person to use violence against another
person; or
(iii)
that will cause a person to fear violence will be used by
a person against another person;
or
(b) is
just about to do an act that is likely to —
(i)
involve the use of violence against a person; or
(ii)
cause a person to use violence against another person; or
(iii)
cause a person to fear violence will be used by a person
against another person;
or
(c) is
committing any other breach of the peace; or
(d) is
hindering, obstructing or preventing any lawful activity that is being, or is
about to be, carried out by another person; or
(e)
intends to commit an offence; or
(f) has
just committed or is committing an offence.
(2) A police officer
giving an order under subsection (1) may in addition do either or both of the
following —
(a)
order the person to go beyond a reasonable distance from the place, or the
part of the place, set by the officer;
(b)
order the person to obey the order or orders for a reasonable period set by
the officer; but the period must not be longer than 24 hours.
(3) When giving a
person an order under subsection (1), a police officer must take into account
the likely effect of the order on the person, including but not limited to the
effect on the person’s access to the places where he or she usually
resides, shops and works, and to transport, health, education or other
essential services.
(4) For the purpose of
giving an order under this section to a person whose personal details (as that
term is defined in the Criminal Investigation (Identifying People) Act 2002
section 16) are unknown to the officer, a police officer may request the
person to give the officer any or all of the person’s personal details.
(5) If a request is
made under subsection (4), the Criminal Investigation (Identifying People)
Act 2002 section 16 applies to and in relation to the request in the same way
as it applies to a request made under subsection (2) of that section.
(6) Any order given
under this section must be in writing on a prescribed form.
(7) A person is not in
breach of the move on order if the person is taking reasonable steps to comply
with the order and move out of the area.
(8) This section does
not prevent a police officer from charging a person with an offence without
having exercised a power in this section.
[Section 27 amended: No. 5 of 2008 s. 36.]
[Section 27. Modifications to be applied in order
to give effect to Cross-border Justice Act 2008: section deleted 1 Nov 2009;
altered 13 Jul 2010. See endnote 1M.]