South Australia: Summary Offences Act 1953 (SA)

South Australia Summary Offences Act 1953 An Act to make provision for certain offences against public order and for other summary offences; to make provision for powers of police officers in relation to investigation of offences; and for other purposes. Contents Part 1—Preliminary 1 Short title 4 Interpretation 5 Proof of lawful authority and other matters Part 2—Offences with respect to police operations 6 Hindering police 6AA Disclosure of criminal intelligence Part 3—Offences against public order 6A Violent disorder 7 Disorderly or offensive conduct or language 7A Obstructing or disturbing religious services etc 8 Challenges to fight and prize fights 9A Supply of methylated spirits 9B Sale of drug paraphernalia 10 Offence to consume etc dogs or cats 11A Avoiding payment of entrance fee 12 Begging alms 13 Consorting 16 Possession of instruments for gaming or cheating 17 Being on premises for an unlawful purpose 17AA Misuse of a motor vehicle on private land 17A Trespassers on premises 17AB Trespassers etc at private parties 17AC Authorised persons 17B Interference with gates and fences 17C Disturbance of farm animals 17D Forcible entry or retention of land or premises 18 Loitering 18A Public meetings 20 Permitting drunkenness and disorderly conduct 21 Permitting premises to be frequented by thieves etc Part 3A—Weapons etc 21A Interpretation 21B Body armour 21C Offensive weapons and dangerous articles etc 21D Unlawful selling or marketing of knives 21E Knives in schools and public places 21F Prohibited weapons 21G Information relating to knife related injuries 21H Weapons prohibition order issued by Commissioner 21I Effect of weapons prohibition order 21J Right of appeal to District Court 21K Reports relating to weapons prohibition orders 21L Power to search for prohibited weapons 21M Forfeiture 21N General amnesty 21O Regulations Part 3B—Liquor etc 21OA Interpretation 21OB Possession, transportation of liquor for sale 21OC Supply etc of liquor in certain areas 21OD Designated areas 21OE Evidence 21OF Regulations Part 4—Tattooing, body piercing and body modification 21P Interpretation and application 21Q Performance of body modification procedures on intoxicated persons prohibited 21R Performance of certain procedures on minors prohibited 21S Pre‑conditions to performing certain procedures 21T Sale of body modification equipment to minors prohibited 21U Display of information 21V Record keeping 21W Offence to make false statement or produce false evidence Part 5—Offences against decency and morality 22 Indecent language 23 Indecent behaviour and gross indecency 23A Certain acts not an offence 24 Urinating etc in a public place 25 Soliciting 25A Procurement for prostitution 26 Living on the earnings of prostitution Part 5A—Filming and sexting offences 26A Interpretation 26B Humiliating or degrading filming 26C Distribution of invasive image 26D Indecent filming 26DA Threat to distribute invasive image or image obtained from indecent filming 26E General provisions Part 6—Brothels 27 Interpretation 28 Keeping and managing brothels 29 Permitting premises to be used as brothels 30 Prosecutions 31 Determination of tenancy of brothels 32 Power of police to enter suspected brothels Part 6A—Nazi salute or symbols 32A Interpretation 32B Prohibition on use of Nazi salute or Nazi symbols 32C Direction to remove Nazi symbol from public display Part 7—Indecent or offensive material 33 Indecent or offensive material 35 Restriction on reports of immorality etc Part 7A—Extremist material 36 Interpretation 36A Extremist material 37 Possession, production or distribution of extremist material 38 Forfeiture Part 8—Fraud, unlawful possession etc 38A Sale of books and educational matter 39 Valueless cheques 40 Acting as a spiritualist, medium etc with intent to defraud 41 Unlawful possession of personal property Part 9—Offences with respect to property 43 Interference with railways and similar tracks 44 Unlawful operation of computer system 44A Unauthorised impairment of data held in credit card or on computer disk or other device 45 Using vehicles or animals without consent of owner 46 Interference with ships and boats without consent 47 Interference with homing pigeons 47A Dog theft 48A Advertising rewards for the return of property stolen or lost Part 10—Nuisances and annoyances 50 Unlawfully ringing doorbells 51 Throwing missiles 52 Throwing fireworks 53 Playing games so as to cause damage 54 Emitting excessive noise from vehicle by amplified sound equipment or other devices 56 Depositing or leaving dead animals in streets etc 57 Depositing rubbish on land 58 Obstruction of public places 58A Objectionable persons in public passenger vehicles 58B Sale of certain refrigerators etc Part 11—Control of traffic on special occasions 59 Regulation of traffic in certain cases Part 11A—Disrespectful conduct in court 60 Disrespectful conduct in court Part 12—Bribery of police 61 Bribery Part 13—False reports to police 62 False reports to police 62A Creating false belief as to events calling for police action Part 14—Proceedings by councils for certain offences 65 Payment of certain fines Part 14A—Consorting prohibition notices 66 Interpretation 66A Senior police officer may issue consorting prohibition notice 66B Form of notice 66C Service of notice 66D Application for review 66E Variation or revocation of consorting prohibition notice 66F Appeal 66G Revocation of notice by Commissioner 66H Applications by or on behalf of child 66I Evidence etc 66J Criminal intelligence 66K Offence to contravene or fail to comply with notice Part 14B—Declared public precincts Division 1—Declared public precincts 66L Limitation on action 66M Public order and safety 66N Declaration of public precinct Division 2—Maintaining public order and safety in declared public precinct 66O Request to leave declared public precinct 66P Offensive or disorderly conduct 66Q Offensive weapons and dangerous articles 66R Power to conduct metal detector searches etc 66S Power to carry out general drug detection 66T Declared public precinct barring order 66U Hindering police Division 3—Power to remove children from dangerous situations 66V Power to remove children from dangerous situations Part 15—Police powers of entry, search etc 67 General search warrants 68 Power to search suspected vehicles, vessels, and persons 68A Power to search land for stolen vehicles etc 69 Power to board vessels 70 Power to stop and search vessels 71 Power to apprehend persons committing offences on board ships 72 Interpretation 72A Power to conduct metal detector searches etc 72B Special powers to prevent serious violence 72C General provisions relating to exercise of powers under section 72A or 72B 72D Explosives offences—special powers 72E Explosives offences—analysis and evidence 72F Annual report on explosives powers 73 Power of police to remove disorderly persons from public venues 74 Power to enter licensed premises etc 74A Power to require statement of name and other personal details 74AB Questions as to identity of drivers etc 74B Road blocks 74BAA Vehicle immobilisation devices 74BAAB Use of detection aids in searches Part 16—Fortifications 74BA Interpretation 74BB Fortification removal order 74BC Content of fortification removal order 74BD Service of fortification removal order 74BE Right of objection 74BF Procedure on hearing of notice of objection 74BG Appeal 74BGA Criminal intelligence 74BH Withdrawal notice 74BI Enforcement 74BJ Hindering removal or modification of fortifications 74BK Liability for damage 74BL Delegation 74BM Application of Part Part 16A—Access to data held electronically 74BN Interpretation 74BO Interaction with other Acts or laws 74BP Extraterritorial operation 74BQ Order not required if information or assistance provided voluntarily 74BR Order to provide information or assistance to access data held on computer etc 74BS Application for order 74BT Order required in urgent circumstances 74BU Criminal Intelligence 74BV Service of order 74BW Effect and operation of order 74BX Impeding investigation by interfering with data 74BY Reporting 74BZ Review of Part Part 17—Recording of interviews Division 1—Interpretation 74C Interpretation Division 2—Recording interviews with suspects 74D Obligation to record interviews with suspects 74E Admissibility of evidence of interview Division 3—Recording interviews with certain vulnerable witnesses 74EA Application and interpretation 74EB Obligation to record interviews with certain vulnerable witnesses 74EC Admissibility of evidence of interview Division 4—Miscellaneous 74F Prohibition on playing recordings of interviews 74G Non-derogation 74H Regulations Part 18—Arrest 75 Power of arrest 76 Arrest by owner of property etc 77 Arrest of persons pawning or selling stolen goods 78 Person apprehended without warrant—how dealt with 78A Power of arrest in cases of certain offences committed outside the State 79 Arrest without warrant if warrant has been issued 79A Rights on arrest 79B Removal and storage of vehicle in case of arrest of driver 80 Power of entry and search in relation to fires and other emergencies 81 Power to search, examine and take particulars of persons 82 General powers, privileges, duties etc of police 82A Prohibition on use of spit hoods Part 19—Right to an interpreter 83A Right to an interpreter Part 20—Miscellaneous 83B Dangerous areas 83BA Overcrowding at public venues 83C Special powers of entry 85 Regulations Schedule 1—General search warrant Schedule 2—Exempt persons—prohibited weapons Part 1—Preliminary 1 Interpretation 2 Application of Schedule Part 2—Exemptions 3 Police officers 4 Delivery to police 5 Emergencies 6 Business purposes 7 Religious purposes 8 Entertainment 9 Sport and recreation 10 Ceremonies 11 Museums and art galleries 12 Executors etc 13 Heirlooms 14 Collectors 15 Prescribed services organisations (RSL etc) 16 Possession by collector on behalf of prescribed services organisation or another collector 17 Manufacturers etc 18 Possession by manufacturer etc on behalf of prescribed services organisation or another collector 19 Prescribed weapons—security agents 20 Prescribed weapons—members of Scottish associations 21 Prescribed weapons—lodges of Freemasons etc 22 Prescribed weapons—astronomical purposes 23 Prescribed weapons—food preparation 24 Prescribed weapons—NSW fisheries officers Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Summary Offences Act 1953. 4—Interpretation (1) In this Act, unless the contrary intention appears— the Commissioner means the Commissioner of Police or the person for the time being acting in the office of Commissioner of Police; declared public precinct—see section 66N(1); declared public precinct period means a period during which, in accordance with a declaration under section 66N(1), an area is a declared public precinct; major offence means— (a) an offence attracting a penalty or maximum penalty of life imprisonment or imprisonment for at least seven years; or (b) an offence against section 86A(1) of the Criminal Law Consolidation Act 1935; minor means a person under the age of 18 years; motor vehicle has the same meaning as in the Motor Vehicles Act 1959; primary production activities—the following are primary production activities: (a) agricultural, pastoral, horticultural, viticultural, forestry or apicultural activities; (b) poultry farming, dairy farming or any business that consists of the cultivation of soils, the gathering of crops or the rearing or processing of livestock; (c) commercial fishing, aquaculture or the propagation or harvesting of fish or other aquatic organisms for the purposes of aquaculture; (d) an activity prescribed by regulation; prostitute includes any male person who prostitutes his body for fee or reward; public place includes— (a) a place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier of that place; and (b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and (c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property; public venue means a place where members of the public are gathered for an entertainment or an event or activity of any kind, whether admission is open, procured by the payment of money or restricted to members of a club or a class of persons with some other qualification or characteristic, but does not include a church or place of public worship; senior police officer means a police officer of or above the rank of inspector; serious and organised crime offence has the same meaning as in the Criminal Law Consolidation Act 1935; telephone includes any telecommunication device for the transmission of speech; to tattoo means to insert into or through the skin any colouring material designed to leave a permanent mark. (2) In proceedings for an offence in which the court is authorised by this Act to award damages or compensation, or to order the forfeiture of property or the doing of any act, the award or order may be made in addition to the penalty (if any) imposed by the court. 5—Proof of lawful authority and other matters Subject to any provision to the contrary, where this Act provides that an act done without lawful authority, without reasonable cause, without reasonable excuse, without lawful excuse or without consent constitutes an offence, the prosecution need not prove the absence of lawful authority, reasonable cause, reasonable excuse, lawful excuse or consent, and the onus is upon the defendant to prove any such authority, cause, excuse or consent upon which he or she relies. Part 2—Offences with respect to police operations 6—Hindering police (2) A person who hinders or resists a police officer in the execution of the officer's duty is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (3) Upon convicting a person for an offence against this section, the court may order the convicted person to pay to the police officer against whom the offence was committed such sum as the court thinks just as compensation for— (a) damage caused by the defendant to property belonging to the officer or to the Crown; (b) bodily injury caused by the defendant to the officer. (4) Compensation so awarded in respect of damage to property of the Crown must be paid by the police officer to the Treasurer in aid of the Consolidated Account. (5) In this section— hinder includes disturb; police officer includes a special constable. 6AA—Disclosure of criminal intelligence (1) A person who, without lawful excuse, discloses information that has been properly classified by the Commissioner as criminal intelligence under any Act is guilty of an offence. Maximum penalty: Imprisonment for 2 years. (2) It is a defence to prosecution for an offence against this section to prove that the defendant did not know, and did not have reason to believe, that the information was classified by the Commissioner as criminal intelligence under an Act. Part 3—Offences against public order 6A—Violent disorder (1) If 3 or more persons who are present together use or threaten unlawful violence and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using or threatening unlawful violence is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (2) It is immaterial whether or not the 3 or more persons use or threaten unlawful violence simultaneously. (3) No person of reasonable firmness need actually be, or be likely to be, present at the scene. (4) An offence under subsection (1) may be committed in private as well as in public places. (5) A person is guilty of an offence under subsection (1) only if he or she intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence. (6) Subsection (5) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence. (7) In this section— violence means any violent conduct, so that— (a) it includes violent conduct towards property as well as violent conduct towards persons; and (b) it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct. Example— Throwing at, or towards, a person a missile of a kind capable of causing injury which does not hit, or falls short of, the person. 7—Disorderly or offensive conduct or language (1) A person who, in a public place or a police station— (a) behaves in a disorderly or offensive manner; or (b) fights with another person; or (c) uses offensive language, is guilty of an offence. Maximum penalty: $1 250 or imprisonment for 3 months. (2) A person who disturbs the public peace is guilty of an offence. Maximum penalty: $1 250 or imprisonment for 3 months. (3) In this section— disorderly includes riotous; offensive includes threatening, abusive or insulting; public place includes, in addition to the places mentioned in section 4— (a) a ship or vessel (not being a naval ship or vessel) in a harbor, port, dock or river; (b) premises or a part of premises in respect of which a licence is in force under the Liquor Licensing Act 1997. 7A—Obstructing or disturbing religious services etc (1) A person who intentionally— (a) obstructs or disturbs— (i) a religious service; or (ii) a wedding or funeral (whether secular or religious); or (b) obstructs or disturbs persons proceeding to or from a religious service, wedding or funeral in a way that is calculated to be offensive and is related in some way to their attendance, or intention to attend, the religious service, wedding or funeral, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (2) In this section— religion means any philosophy or system of belief that is generally recognised in the Australian community as being of a religious nature; religious service means a lawful assembly of the adherents of any religion for the purpose of prayer or any other form of religious observance. 8—Challenges to fight and prize fights (1) Any person who— (a) makes or accepts, either orally or in writing, any challenge to fight for money; or (b) engages in a prize fight, is guilty of an offence. Maximum penalty: $750. (2) Subsection (1) does not apply to a contestant in a professional or public boxing or martial art event, within the meaning of the Boxing and Martial Arts Act 2000, if— (a) the event is promoted by a person who is licensed or otherwise authorised to act as promoter of the event in accordance with that Act; and (b) the contestants participating in the event are registered in relation to, or otherwise authorised to participate as contestants in, events of that kind under that Act. 9A—Supply of methylated spirits (4) A person who supplies methylated spirits, or a liquid containing methylated spirits, knowing, or having reason to suspect, that it is intended to be drunk, is guilty of an offence. Maximum penalty: $750. (6) In this section— methylated spirits means industrial spirit or commercial methylated spirit, that is to say, ethyl alcohol which has been denatured by the addition of methyl alcohol, benzene, pyridine or any other methylating or denaturing substance or agent. 9B—Sale of drug paraphernalia (1) Subject to this section, a person who— (a) sells a prohibited item; or (b) supplies a prohibited item in connection with the sale, or possible sale, of goods, is guilty of an offence. Maximum penalty: (a) if the offender is a body corporate—$50 000; (b) if the offender is a natural person—$10 000 or imprisonment for 2 years. (2) A person who— (a) sells a prohibited item to a minor; or (b) supplies a prohibited item to a minor in connection with the sale, or possible sale, of goods, is guilty of an offence. Maximum penalty: (a) if the offender is a body corporate—$100 000; (b) if the offender is a natural person—$20 000 or imprisonment for 2 years. (3) If a body corporate commits an offence against subsection (1) or subsection (2), any director or manager of the body corporate is also guilty of an offence and liable to the same penalty as may be imposed for the principal offence when committed by a natural person unless it is proved that he or she could not, by the exercise of reasonable diligence, have prevented the commission of the principal offence by the body corporate. (4) A person may be prosecuted and convicted of an offence under subsection (3) whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate. (5) If a person is convicted of an offence against this section, any prohibited item seized as evidence of the offence may be retained by the Commissioner of Police and is forfeited to the Crown— (a) if an appeal has not been lodged within the period provided for lodging an appeal against the conviction—at the end of the period; or (b) if an appeal has been lodged within the period provided for lodging an appeal against the conviction—when the appeal lapses or is finally determined. (6) An item forfeited under subsection (5) may be dealt with and disposed of in such manner as the Commissioner of Police may direct. (7) In this section— cocaine kit—a cocaine kit is constituted by 2 or more of the following items packaged as a unit apparently for use for the purposes of preparing for introduction, or for introducing, cocaine into the body of a person: (a) a razor blade; (b) a tube; (c) a mirror; (d) a scoop; (e) a glass bottle; (f) any other item apparently for use together with any item referred to in paragraphs (a) to (e) to prepare for introduction, or to introduce, cocaine into the body of a person; prohibited item means— (a) a water pipe; or (b) a prohibited pipe; or (c) a cocaine kit; or (d) an item of a kind prescribed by regulation for the purposes of this definition; prohibited pipe means— (a) a device (other than a water pipe) that is apparently intended for use or designed for use in smoking cannabis, cannabis resin or methamphetamine crystals; or (b) components that, when assembled together, form such a device, and includes, without limitation, a device known as a hash pipe and a device known as an ice pipe; sell means— (a) sell, barter or exchange; or (b) offer or agree to sell, barter or exchange; or (c) expose for sale, barter or exchange; or (d) have in possession for sale, barter or exchange; supply includes offer to supply; water pipe means— (a) a device capable of being used for smoking by means of the drawing of smoke fumes through water or another liquid; or (b) components that, when assembled together, form such a device; or (c) a device that is apparently intended to be such a device but that is not capable of being so used because it needs an adjustment, modification or addition, and includes, without limitation, devices known as bongs, hookahs, narghiles, shishas and ghalyans. 10—Offence to consume etc dogs or cats (1) A person who knowingly— (a) kills or otherwise processes a dog or cat for the purpose of human consumption; or (b) supplies to another person a dog or cat (whether alive or not), or meat from a dog or cat, for the purpose of human consumption; or (c) consumes meat from a dog or cat, is guilty of an offence. Maximum penalty: $1 250. (2) In this section— cat means an animal of the species Felis catus; dog means an animal of the species Canis familiaris; meat means the whole or part of a killed animal. 11A—Avoiding payment of entrance fee A person who, knowing that a charge is made for admission to a place of public entertainment, dishonestly gains admission to the place of public entertainment without paying the admission charge is guilty of an offence. Maximum penalty: $750. 12—Begging alms (1) A person who— (a) begs or gathers alms in a public place; or (b) is in a public place for the purpose of begging or gathering alms; or (c) goes from house to house begging or gathering alms; or (d) causes or encourages a child to beg or gather alms in a public place, or to be in a public place for the purpose of begging or gathering alms; or (e) exposes wounds or deformities with the object of obtaining alms, is guilty of an offence. Maximum penalty: $250. (2) In this section— house includes a building or any separately occupied part of a building. 13—Consorting (1) A person who— (a) habitually consorts with convicted offenders (whether in this State or elsewhere); and (b) consorts in this State with those convicted offenders after having been given an official warning in relation to each of those convicted offenders, is guilty of an offence. Maximum penalty: Imprisonment for 2 years. (2) A person does not habitually consort with convicted offenders for the purposes of this section unless— (a) the person consorts with at least 2 convicted offenders (whether on the same or separate occasions); and (b) the person consorts with each convicted offender on at least 2 occasions. (3) The following forms of consorting are to be disregarded for the purposes of this section if the defendant satisfies the court that the consorting was reasonable in the circumstances: (a) consorting with family members; (b) consorting that occurs in the course of lawful employment or the lawful operation of a business; (c) consorting that occurs in the course of training or education; (d) consorting that occurs in the course of the provision of a health service; (e) consorting that occurs in the course of the provision of legal advice; (f) consorting that occurs in lawful custody or in the course of complying with a court order. (4) In this section— consort means consort in person or by any other means, including by electronic or other form of communication; convicted offender means a person who has been convicted of an indictable offence; corresponding law means a law of the Commonwealth, another State, or a Territory that is prescribed by regulation for the purposes of this definition; official warning means— (a) a warning given by a police officer (orally or in writing) that— (i) a convicted offender is a convicted offender; and (ii) consorting with a convicted offender is an offence; or (b) a warning or other notification given under a corresponding law. 16—Possession of instruments for gaming or cheating (1) A person who, in a public place, without lawful excuse, has possession of an instrument for gaming or an instrument constructed as a means of cheating is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (2) Upon the conviction of a person for an offence against subsection (1), the court may order that the instrument in respect of which the person was convicted be forfeited to the Crown. (3) In this section— instrument includes machine, device or contrivance. 17—Being on premises for an unlawful purpose (a1) A person who has entered, or is present on, primary production premises for an unlawful purpose or without lawful excuse is guilty of an offence. Maximum penalty: (a) where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years; (b) in any other case— (i) if the offence is committed in aggravated circumstances—$10 000 or imprisonment for 12 months; (ii) if the offence is not committed in aggravated circumstances—$5 000 or 6 months imprisonment. (a2) A person commits an offence against subsection (a1) in aggravated circumstances if, while on the primary production premises, the person— (a) interferes with, or attempts or intends to interfere with, primary production activities; or (b) is accompanied by 2 or more persons; or (c) does anything that gives rise to a serious risk to the safety of the person or any other person on the premises; or (d) does anything that— (i) involves, or gives rise to a risk of— (A) the introduction, spread or increase of a disease or pest; or (B) the contamination of any substance or thing; or (ii) gives rise to any other risk, or kind of risk, related to primary production activities prescribed by the regulations; or (e) intentionally causes, or is recklessly indifferent as to whether they cause, damage to an operation or activity connected to the primary production activities at the premises. (1) A person who has entered, or is present on, other premises for an unlawful purpose or without lawful excuse is guilty of an offence. Maximum penalty: Where the unlawful purpose is the commission of an offence punishable by a maximum term of imprisonment of 2 years or more—imprisonment for 2 years. In any other case—$2 500 or imprisonment for 6 months. (1a) Despite section 5, the onus of proving absence of lawful excuse in proceedings for an offence against this section lies upon the prosecution. (2) Where a police officer believes on reasonable grounds that a person has entered, or is present on, premises for the purpose of committing an offence, the officer may order the person to leave the premises. (3) A person who fails to comply with an order under subsection (2) is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (3a) A person found guilty of an offence against subsection (a1) committed in aggravated circumstances is liable to pay compensation to a person for injury, loss or damage to the person resulting from the offence of which the defendant has been found guilty, unless exceptional circumstances exist. (3b) Compensation payable under subsection (3a) will be of such amount as the court considers appropriate having regard to any evidence before the court and to any representations made by or on behalf of the prosecutor or the defendant. (4) In this section— premises means— (a) any land; or (b) any building or structure; or (c) any aircraft, vehicle, ship or boat; primary production premises means premises used for the purpose of primary production activities. 17AA—Misuse of a motor vehicle on private land (1) For the purposes of this section, a person misuses a motor vehicle if the person, in a place other than a road or road related area— (a) drives a motor vehicle in a race between vehicles, a vehicle speed trial, a vehicle pursuit or any competitive trial to test drivers' skills or vehicles; or (b) operates a motor vehicle so as to produce sustained wheel spin; or (c) drives a motor vehicle so as to cause engine or tyre noise, or both, that is likely to disturb persons residing or working in the vicinity; or (d) drives a motor vehicle onto an area of park or garden so as to break up the ground surface or cause other damage. (2) However, conduct of a type described in subsection (1) does not constitute misuse of a motor vehicle if it occurs in a place with the consent of the owner or occupier of the place or the person who has the care, control and management of the place. (3) A person who misuses a motor vehicle is guilty of an offence. Maximum penalty: $2 500. (4) Where a court convicts a person of an offence against this section, the court must, if satisfied that the offending caused damage to, or the destruction of, any property or damage to an area of park or garden or a road related area, order the convicted person to pay to the owner of the property, or the owner, occupier or person who has the care, control and management of the area, such compensation as the court thinks fit. (5) The power of a court under subsection (4) is in addition to, and does not derogate from, any powers of the court under the Sentencing Act 2017. (6) In this section— road and road related area have the same meaning as in the Road Traffic Act 1961. 17A—Trespassers on premises (1) Where— (a) a person trespasses on premises; and (b) the nature of the trespass is such as to interfere with the enjoyment of the premises by the occupier; and (c) the trespasser is asked by an authorised person to leave the premises, the trespasser is, if he or she fails to leave the premises forthwith or again trespasses on the premises within 24 hours of being asked to leave, guilty of an offence. Maximum penalty: (a) if the premises are primary production premises—$5 000 or imprisonment for 6 months; (b) in any other case—$2 500 or imprisonment for 6 months. (2) A person who, while trespassing on premises, uses offensive language or behaves in an offensive manner is guilty of an offence. Maximum penalty: $1 250. (2a) A person who trespasses on premises must, if asked to do so by an authorised person, give his or her name and address to the authorised person. Maximum penalty: $1 250. (3) In this section— authorised person, in relation to premises, means— (a) the occupier, or a person acting on the authority of the occupier; (b) where the premises are the premises of a school or other educational institution or belong to the Crown or an instrumentality of the Crown, the person who has the administration, control or management of the premises, or a person acting on the authority of such a person; occupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises; offensive includes threatening, abusive or insulting; premises means— (a) any land; or (b) any building or structure; or (c) any aircraft, vehicle, ship or boat; primary production premises means premises used for the purpose of primary production activities. (4) In proceedings for an offence against this section, an allegation in the complaint that a person named in the complaint was on a specified date an authorised person in relation to specified premises will be accepted as proved in the absence of proof to the contrary. 17AB—Trespassers etc at private parties (1) If an authorised person reasonably suspects that a person who is on premises that are being used for a private party is not entitled to be on the premises, the authorised person may require the person to produce evidence that he or she is entitled to be on the premises. (2) If a person refuses or fails to produce evidence, in accordance with a requirement under subsection (1), that is satisfactory to the authorised person— (a) the authorised person may advise the person that he or she is a trespasser on the premises; and (b) on being so advised, the person will be taken to be a trespasser on the premises for the purposes of this section and section 15A of the Criminal Law Consolidation Act 1935. (3) Nothing in subsection (2) limits the manner in which a person may become a trespasser on premises that are being used for a private party. (4) If— (a) a person trespasses on premises that are being used for a private party; and (b) the trespasser is asked by an authorised person to leave the premises (whether the trespasser is asked individually or as a member of a group), the trespasser is, if he or she fails to leave the premises immediately or again trespasses on the premises while they are being used for the private party, guilty of an offence. Maximum penalty: $5 000 or imprisonment for 1 year. (5) A person who, while trespassing on premises that are being used for a private party, uses offensive language or behaves in an offensive manner is guilty of an offence. Maximum penalty: $2 500. (6) A person who trespasses on premises that are being used for a private party must, if asked to do so by an authorised person, give his or her name and address to the authorised person. Maximum penalty: $2 500. (7) If— (a) a police officer attending at premises that are being used for a private party reasonably suspects that a person on the premises is committing an offence against this section; and (b) an authorised person at the premises requests the police officer to remove the person from the premises, the police officer may remove the person from the premises. (8) If a person is loitering in the vicinity of premises that are being used for a private party, or a group of persons is assembled in the vicinity of such premises, and a police officer believes or apprehends on reasonable grounds— (a) that the person or any member of the group of persons— (i) is or has been behaving in a disorderly, indecent or offensive manner; or (ii) is or has been using offensive words; or (iii) in any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with— (A) a person seeking to attend the private party; or (B) the conduct of the private party; or (b) that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group, the officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require. (9) A person of whom a request is made under subsection (8) must leave the place and the area in the vicinity of the place in which he or she was loitering or assembled in the group. Maximum penalty: $2 500 or imprisonment for 6 months. (10) In proceedings for an offence against this section, an allegation in the complaint that— (a) specified premises were being used for a private party on a specified date and at a specified time; or (b) a person named in the complaint was, on a specified date, an authorised person in relation to specified premises, will be accepted as proved in the absence of proof to the contrary. (11) This section is in addition to, and does not limit or derogate from, any other provision of this Act or any other law. (12) In this section— authorised person, in relation to premises that are being used for a private party, means— (a) the occupier of the premises, or a person acting on the authority of the occupier of the premises; or (b) a person responsible for organising the party, or a person acting on the authority of such a person, but does not include a minor; occupier, in relation to premises, means the person in possession, or entitled to immediate possession, of the premises; offensive includes threatening, abusive or insulting; premises means— (a) any land; or (b) any building or structure; or (c) any aircraft, vehicle, ship or boat; private party means a party, event or celebration to which admittance is allowed by invitation only but does not include a party, event or celebration that is held— (a) on premises (other than residential premises) by or on behalf of a company or business; or (b) in a public place; or (c) on premises, or a part of premises, in respect of which a licence is in force under the Liquor Licensing Act 1997 (other than a short term licence granted under that Act for a term of not more than 24 hours). 17AC—Authorised persons (1) An authorised person within the meaning of section 17A or section 17AB must, at the request of a person in relation to whom the authorised person is exercising powers under either of those sections, inform the person of— (a) the authorised person's name; and (b) the capacity in which the person is an authorised person under the relevant section. (2) A person must not falsely pretend, by words or conduct, to have the powers of an authorised person under section 17A or section 17AB. Maximum penalty: $750. 17B—Interference with gates and fences (1) A person who, without the authority of the occupier of land on which animals are kept in the course of primary production— (a) opens and leaves open a gate on or leading to the land; or (b) unfastens and leaves unfastened a gate on or leading to the land; or (c) on finding a gate on or leading to the land open, closes it and leaves it closed; or (d) removes or disables a gate on or leading to the land; or (e) interferes with any part of a fence on or immediately surrounding the land in a manner that— (i) causes the animals to no longer be confined by the fence; or (ii) gives rise to a risk that the animals will no longer be confined by the fence, is guilty of an offence. Maximum penalty: $1 500. Expiation fee: $375. (2) It is a defence to a charge of an offence against subsection (1) to prove that the defendant's act was not intended to cause loss, annoyance or inconvenience and was not done with reckless indifference to the interests of the owner of the animals. (3) In this section— gate includes a cattle grid or any moveable thing used to enclose land, including a slip panel or moveable fence. 17C—Disturbance of farm animals (1) A person who, while trespassing on land on which animals are kept in the course of primary production, disturbs any animal and thus causes harm to the animal or loss or inconvenience to the owner of the animals is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (2) It is a defence to a charge of an offence against subsection (1) to prove that the disturbance was not intentional and did not arise from recklessness on the part of the defendant. 17D—Forcible entry or retention of land or premises (1) A person who— (a) uses force, threats or intimidation to enter land or premises in order to expel a person who is in possession (whether lawfully or unlawfully) of the land or premises; and (b) does so otherwise than in pursuance of an order of a court or other lawful process, is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 1 year. (2) A person who— (a) enters onto land or premises unlawfully; and (b) retains possession of the land or premises by force or in a manner that would render the use of force the only reasonably practicable means of recovering lawful possession of the land or premises, is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 1 year. 18—Loitering (1) Where a person is loitering in a public place or a group of persons is assembled in a public place and a police officer believes or apprehends on reasonable grounds— (a) that an offence has been, or is about to be, committed by that person or by one or more of the persons in the group or by another in the vicinity; or (b) that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group; or (c) that the movement of pedestrians or vehicular traffic is obstructed, or is about to be obstructed, by the presence of that person or group or of others in the vicinity; or (d) that the safety of a person in the vicinity is in danger, the officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require. (2) A person of whom a request is made under subsection (1) must leave the place and the area in the vicinity of the place in which he or she was loitering or assembled in the group. Maximum penalty: $1 250 or imprisonment for 3 months. (3) If a police officer has reasonable grounds to suspect that a person who is loitering in a public place is of a prescribed class, the officer may request that the person state the reason why he or she is in that place. (4) The police officer must, before making the request, advise the person— (a) that the request is being made under this section; and (b) which prescribed class the officer believes the person belongs to. (5) If, in response to a request by a police officer under subsection (3), a person of a prescribed class refuses or fails to state a satisfactory reason for being in that place, the person is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 3 months. (6) A person is of a prescribed class for the purposes of this section if the person is— (a) a person who has been found guilty of, or who is reasonably suspected of having committed, a serious and organised crime offence; or (b) a prescribed drug offender within the meaning of the Criminal Assets Confiscation Act 2005; or (c) a person who is subject to a firearms prohibition order under Part 8 of the Firearms Act 2015; or (d) a person who is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (e) a person who is subject to a weapons prohibition order under Part 3A; or (f) a person who is subject to a consorting prohibition notice under Part 14A; or (g) a person who is subject to a non‑association or place restriction order under Part 4 Division 5 of the Summary Procedure Act 1921; or (h) a person who is subject to a paedophile restraining order under Part 4 Division 7 of the Summary Procedure Act 1921; or (i) a person of a class prescribed by regulation. (7) For the purposes of subsection (6), a person may belong to a prescribed class by virtue of an offence committed, an order made or a notice issued before or after the commencement of that subsection. (8) In any proceedings for an offence under subsection (5)— (a) an apparently genuine document purporting to be signed by the Commissioner and to certify that at a specified time a weapons prohibition order or a consorting prohibition notice applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified; and (b) an apparently genuine document purporting to be signed by the Registrar of Firearms and to certify that at a specified time a firearms prohibition order applied to, or was in force against, a specified person is admissible as evidence of the matter so certified and is, in the absence of proof to the contrary, to be regarded as proof of the matter so certified. 18A—Public meetings (1) A person who, in, at or near a place where a public meeting is being held— (a) behaves in a disorderly, indecent, offensive, threatening or insulting manner; or (b) uses threatening, abusive or insulting words; or (c) in any way, except by lawful authority or on some other lawful ground, obstructs or interferes with— (i) a person seeking to attend the meeting; or (ii) any of the proceedings at the meeting; or (iii) a person presiding at the meeting in the organisation or conduct of the meeting, is guilty of an offence. Maximum penalty: $1 250 or imprisonment for 3 months. (2) Where, in the opinion of the person presiding at a public meeting, a person in, at or near the place at which the meeting is being held— (a) is or has been behaving in a disorderly, indecent, offensive, threatening or insulting manner; or (b) is or has been using threatening, abusive or insulting words; or (c) in any way, except by lawful authority or on some other lawful ground, is or has been obstructing or interfering with— (i) a person seeking to attend the meeting; or (ii) any of the proceedings at the meeting; or (iii) a person presiding at the meeting in the organisation or conduct of the meeting, the person presiding may request a police officer, or the police generally, to remove that person from the place or the area in the vicinity of the place. (3) A request made under subsection (2) must be complied with by a police officer present or attending at the place at which the meeting is being held. (4) In this section— person presiding, in relation to a public meeting, includes any person officiating at, or with responsibility for the organisation or conduct of, the meeting; place means any place whether or not a hall, building or room; public meeting includes any political, religious, social or other meeting, congregation or gathering that the public or a section of the public are permitted to attend, whether on payment or otherwise. 20—Permitting drunkenness and disorderly conduct (1) A person who keeps premises where provisions or refreshments are sold or consumed and who knowingly permits drunkenness or disorderly conduct to take place on those premises is guilty of an offence. Maximum penalty: $750. (2) In this section— premises includes a shop, restaurant or other premises to which the public are admitted. 21—Permitting premises to be frequented by thieves etc (1) A person who— (a) is the occupier of premises frequented by reputed thieves, prostitutes, persons without lawful means of support or persons of notoriously bad character; or (b) is, without reasonable excuse, in premises frequented by any such persons, is guilty of an offence. Maximum penalty: $750. (2) In a prosecution under this section, it is not necessary for the prosecutor to prove that the defendant knew that the persons frequenting the premises were reputed thieves, prostitutes, persons without lawful means of support or persons of notoriously bad character, but it is a defence that the defendant did not know and could not, by the exercise of reasonable diligence, have ascertained that the persons frequenting the premises were such persons. Part 3A—Weapons etc 21A—Interpretation (1) In this Part— body armour means a protective jacket, vest or other article of apparel designed to resist the penetration of a projectile discharged from a firearm; criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety; dangerous article means an article or thing declared by regulation to be a dangerous article for the purposes of this Part; District Court means the Administrative and Disciplinary Division of the District Court; implement of housebreaking includes a picklock key, crowbar, jack, bit or other implement of housebreaking; knife includes a blade (for example a knife blade or razor blade); licensed premises means premises licensed under the Liquor Licensing Act 1997; night means the interval between 9 pm on one day and 6 am on the next day; offence of violence means an offence where the offender— (a) uses a weapon, or threatens to use a weapon, against another; or (b) inflicts serious harm on another, or threatens to inflict serious harm on another, for the purpose of committing the offence, or escaping from the scene of the offence; offensive weapon includes a rifle, gun, pistol, knife, sword, club, bludgeon, truncheon or other offensive or lethal weapon or instrument but does not include a prohibited weapon; prohibited weapon means an article or thing declared by regulation to be a prohibited weapon for the purposes of this Part; school means a primary or secondary school; suitable for combat, in relation to a knife, means suitable for use as a weapon for inflicting injury on a person or causing a person to fear injury; violent behaviour means an unlawful act inflicting injury on a person or causing a person to fear injury. (2) For the purposes of this Part, a person will be taken to be carrying a weapon or article if he or she has the weapon or article on or about his or her person or if it is under his or her immediate control. 21B—Body armour (1) A person who, without the approval in writing of the Commissioner— (a) manufactures, sells, distributes, supplies or otherwise deals in, body armour; or (b) uses or has possession of body armour, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (2) The Commissioner may, subject to such conditions and limitations as the Commissioner thinks fit, give an approval to a person or a class of persons for the purposes of subsection (1) and may revoke an approval or revoke or vary the conditions or limitations under which an approval operates. (3) The giving or a variation or revocation of an approval that applies to a class of persons must be notified in the Gazette. 21C—Offensive weapons and dangerous articles etc (1) A person who, without lawful excuse— (a) carries an offensive weapon or an article of disguise; or (b) has possession of an implement of housebreaking, is guilty of an offence. Maximum penalty: $2 500 or imprisonment for 6 months. (2) A person who, without lawful excuse— (a) manufactures, sells, distributes, supplies, or otherwise deals in, dangerous articles; or (b) uses or has possession of a dangerous article, is guilty of an offence. Maximum penalty: $7 500 or imprisonment for 18 months. (3) A person who, without lawful excuse, carries an offensive weapon or dangerous article at night while in, or while apparently attempting to enter or leave— (a) licensed premises; or (b) a carparking area specifically or primarily provided for the use of patrons of the licensed premises, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (4) It is a defence to prosecution for an offence against subsection (3) to prove that— (a) if the charge relates to the defendant's being in, or apparently attempting to enter or leave, licensed premises—the defendant did not know and had no reason to believe that the premises were premises of a kind where liquor was sold or supplied; or (b) if the charge relates to the defendant's being in, or apparently attempting to enter or leave, a carparking area specifically or primarily provided for the use of patrons of the licensed premises—the defendant did not know and had no reason to believe that the area was such a carparking area. (5) If on the trial of a person for an offence against subsection (3) the court is not satisfied that the person is guilty of the offence charged, but is satisfied that the person is guilty of an offence against subsection (1) or (2), the court may find the person guilty of the offence against subsection (1) or (2). (6) A person (being a person who is otherwise entitled to do so) must not use or have possession of a dangerous article unless he or she does so in a safe and secure manner. Maximum penalty: $1 250 or imprisonment for 3 months. (7) A person who, without lawful excuse— (a) uses an offensive weapon; or (b) carries an offensive weapon that is visible, in the presence of any person in a school or public place in a manner that would be likely to cause a person of reasonable firmness present at the scene to fear for his or her personal safety, is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 2 years. (8) For the purposes of an offence against subsection (7), no person of reasonable firmness need actually be, or be likely to be, present at the scene. (9) If on the trial of a person for an offence against subsection (7), the court is not satisfied that the person is guilty of the offence charged, but is satisfied that the person is guilty of an offence against subsection (1)(a), the court may find the person guilty of the offence against subsection (1)(a). 21D—Unlawful selling or marketing of knives (1) A person who sells a knife to a minor who is under the age of 16 years is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 2 years. (2) It is a defence to prosecution for an offence against subsection (1) to prove that— (a) the seller requested the minor to produce evidence of age of a kind prescribed by regulation; and (b) the minor made a false statement or produced false evidence in response to that request; and (c) in consequence, the seller reasonably assumed that the minor was of or above the age of 16 years. (3) A person who makes a false statement or produces false evidence in response to a request by a seller made in accordance with subsection (2)(a) is guilty of an offence. Maximum penalty: $1 250. (4) A person who markets a knife in a way that— (a) indicates, or suggests, that the knife is suitable for combat; or (b) is otherwise likely to stimulate or encourage violent behaviour involving the use of the knife as a weapon, is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 2 years. (5) For the purposes of this section, an indication or suggestion that a knife is suitable for combat may (without limitation) be given or made by a name or description— (a) applied to the knife; or (b) on the knife or on any packaging in which it is contained; or (c) included in any advertisement which, expressly or by implication, relates to the knife. (6) For the purposes of this section, a person markets a knife if the person— (a) sells or hires the knife; or (b) offers, or exposes, the knife for sale or hire; or (c) has possession of the knife for the purpose of sale or hire. 21E—Knives in schools and public places A person who, without lawful excuse, has possession of a knife in a school or public place is guilty of an offence. Maximum penalty: (a) for a first offence—$2 500 or imprisonment for 6 months; (b) for a subsequent offence—$5 000 or imprisonment for 12 months. 21F—Prohibited weapons (1) A person who— (a) manufactures, sells, distributes, supplies or otherwise deals in, prohibited weapons; or (b) uses or has possession of a prohibited weapon, is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 2 years. (2) It is a defence to prosecution for an offence against subsection (1) to prove that the defendant was, in accordance with— (a) Schedule 2; or (b) a declaration made by the Minister under subsection (3), an exempt person in the circumstances of the alleged offence. (3) The Minister— (a) may declare a person or a class of persons to be exempt from subsection (1) in the circumstances specified in the declaration; and (b) may, on the Minister's own initiative, vary or revoke such a declaration. (4) The declaration by the Minister under subsection (3) may be conditional or unconditional. (4a) A declaration made by the Minister under subsection (3) in respect of a class of persons— (a) must be notified in the Gazette; and (b) has effect for the period specified in the declaration (being a period not exceeding 1 month); and (c) has effect despite any provision of Schedule 2. (4b) A variation or revocation of a declaration under subsection (3) is of no effect unless— (a) in the case of a variation or revocation of a declaration in respect of a person—the person has been given notice of the variation or revocation; or (b) in the case of a variation or revocation of a declaration in respect of a class of persons—the variation or revocation is notified in the Gazette. (5) An application to the Minister for a declaration must be— (a) in a form approved by the Minister; and (b) accompanied by the fee prescribed by regulation. (6) The Minister must not make a decision on an application for a declaration unless he or she has consulted with the Commissioner. (7) A person aggrieved by a decision of the Minister to vary or revoke a declaration may appeal against the variation or revocation to the District Court. (8) The Minister may delegate his or her powers under this section to any person or body. (9) A delegation under subsection (8)— (a) must be in writing; and (b) may be conditional or unconditional; and (c) does not derogate from the Minister's ability to exercise the power under this section; and (d) is revocable at will by the Minister. (10) If the Minister has not given the person reasons in writing for making the decision appealed against, the Minister must do so on request made within 28 days after the person received notice of the decision. (11) If a decision was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds. (12) An appeal under this section must be made— (a) within 28 days after the person received notice of the decision appealed against; or (b) if a request for reasons in writing is made under subsection (10)—within 28 days after the person received the reasons in writing. (13) On an appeal under this section, the Court— (a) must, on the application of the Commissioner, take steps to maintain the confidentiality of information classified by the Commissioner as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and (b) may take evidence consisting of, or relating to, information that is so classified by the Commissioner by way of affidavit of a police officer of or above the rank of Superintendent. (14) A person (being a person who is otherwise entitled to do so) must not use or have possession of a prohibited weapon unless he or she does so in a safe and secure manner. Maximum penalty: $1 250 or imprisonment for 3 months. 21G—Information relating to knife related injuries (1) If a medical practitioner or a registered or enrolled nurse has reasonable cause to suspect in relation to a person who he or she has seen in his or her professional capacity that the person is suffering from a wound inflicted by a knife, the medical practitioner or nurse must, as soon as practicable after forming the suspicion, make a report to the prescribed person or body containing— (a) details of the wound; and (b) any information provided to the practitioner or nurse about the circumstances leading to the infliction of the wound (other than information tending to identify the person). (2) Subsection (1) does not apply if, in the opinion of the medical practitioner or the nurse, the injuries are not serious and the medical practitioner or nurse believes on reasonable grounds that the injuries were accidental. (3) A person incurs no civil or criminal liability in taking action in good faith in compliance, or purported compliance, with this section. (4) In this section— enrolled nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing profession as a nurse (other than as a student); and (b) in the enrolled nurses division of that profession; medical practitioner means a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student); registered nurse means a person registered under the Health Practitioner Regulation National Law— (a) to practise in the nursing profession as a nurse (other than as a student); and (b) in the registered nurses division of that profession. 21H—Weapons prohibition order issued by Commissioner (1) The Commissioner may issue a weapons prohibition order against a person if satisfied that— (a) the person has (whether before or after the commencement of this section)— (i) been found guilty of an offence of violence; or (ii) been declared liable to supervision under Part 8A of the Criminal Law Consolidation Act 1935 by a court dealing with a charge of an offence of violence; and (b) possession of a prohibited weapon by the person would be likely to result in undue danger to life or property; and (c) it is in the public interest to prohibit the person from possessing and using a prohibited weapon. (2) A weapons prohibition order must be served on the person personally and is not binding on the person until it has been so served. (3) If the Commissioner proposes to issue a weapons prohibition order against a person, a police officer may— (a) require the person to remain at a particular place while the order is prepared and issued so that the order may be served on the person; and (b) if the person refuses or fails to comply with the requirement or the officer has reasonable grounds to believe that the requirement will not be complied with, arrest and detain the person in custody (without warrant) for— (i) so long as may be necessary for the order to be served on the person; or (ii) 2 hours, whichever is the lesser. (4) A weapons prohibition order served on a person must be accompanied by a notice— (a) setting out the Commissioner's reasons for issuing the order; and (b) setting out the terms and the effect of the order; and (c) stating that the person may, within 28 days, appeal to the District Court against the order. (5) If the decision to issue the order was made because of information that is classified by the Commissioner as criminal intelligence, the only reason required to be given is that the decision was made on public interest grounds. (6) Subject to subsection (7), a weapons prohibition order issued against a person remains in force for a period of 3 years from the date on which it was served on the person or for such lesser period as may be specified in the order. (7) The Commissioner may, on his or her own initiative or on application, by notice in writing served personally or by post on a person, revoke a weapons prohibition order issued against the person. (8) For the