Continuing Behaviour after a Move on Direction
Continuing Behaviour after a Move on Direction is an offence under Section 9 of the Summary Offences Act which carries a maximum penalty of $1650.
To establish the offence, the prosecution must prove beyond reasonable doubt that:
- You were given a move on direction for being intoxicated and disorderly in a public place, and
- You were intoxicated and disorderly at the same or another public place within 6 hours of the direction
A ‘move on direction’ is a direction given by a police officer for you to leave a public place and not return for a specified period of time.
You are considered to be ‘intoxicated’ if:
- Your speech, balance, coordination or behaviour is noticeably affected, and
- It is reasonable for the officer to believe this is due to alcohol or a drug
A ‘public place’ is:
A place or part of a premises that is open to, or used by the public, whether or not for payment, and whether or not only open only to a limited class of persons it includes privately owned places that are open to the public, such as:
- Shopping centres and stores within them
- Restaurants, pubs and clubs
- Sporting venues, and
- Parks
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