A police officer may direct a person who is in a public place to move on if the officer believes on reasonable grounds the person’s behaviour or presence:
1. Is obstructing others or traffic,
2. Is harassing or intimidating others,
3. Is causing or likely to cause fear, or
4. Involves attempting to obtain or supply a prohibited drug.
The direction must be aimed at reducing or eliminating the obstruction, harassment, intimidation or fear or preventing the drug transaction.
Police may also direct a person who is intoxicated in a public place to leave and not return for a specific period if the officer believes on reasonable grounds the person’s behaviour is likely to injure a person or damage property.
Police cannot issue a move on direction relating to an industrial dispute, genuine demonstration or protest, or organised assembly, unless it is necessary to deal with a serious safety risk.
Police must provide their name, place of duty and reason for the exercise of power before issuing a move on direction.
A ‘public place’ is defined as:
A ‘road related area’ is:
The maximum penalty for failing or refusing to comply with a move on direction without reasonable excuse is two penalty units, which is $220 at the time of writing
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