1995ABILLFORAn Act to amend theSouth
Bank Corporation Act 1989
s14South Bank
Corporation AmendmentThe Parliament of Queensland
enacts—s41Clause˙Short title1.This
Act may be cited as theSouth Bank Corporation Amendment
Act1995.˙CommencementClause2.This Act commences on a day to be
fixed by proclamation.˙Act amendedClause3.This
Act amends theSouth Bank Corporation Act 1989.Clause˙Amendment of s 4 (Interpretation)4.Section 4—insert—‘“court”means—(a)forachildwithinthemeaningoftheJuvenileJusticeAct1992—the Childrens
Court; or(b)for someone else—a Magistrates
Court.“exclusion direction”means a
direction under section 37B.1“exclusion offence”see section
37A(2).“exclusion order”means an order
under section 37E.2“reviewable exclusion direction”means an exclusion direction
excludinga person from the site, or a part of the
site, for longer than 24 hours.2345678910111213141516171819201Section 37B (Power to exclude persons
causing public nuisance)2Section 37E
(Court may exclude person from site)
s55s5South
Bank Corporation Amendment“securityofficer”,forapower,meansapersonauthorisedbythecorporation to exercise the
power.“site”, in part 5A,
means the part of the corporation area declared under aby-law to be the site, and includes any part
of the area declared to bethe site.’.Clause˙Insertion of new pt 5A5.After part 5—insert—†‘PART 5A—CONDUCT
ON THE SITE˙‘Conduct causing
public nuisance‘37A.(1)A person must
not, on the site—(a)be drunk or disorderly; or(b)create a disturbance.Maximum penalty—20 penalty units‘(2)Forthispart,anoffenceundersubsection(1)isan“exclusionoffence”.˙‘Power to exclude
persons causing public nuisance‘37B.(1)This section
applies if a security officer or police officer finds aperson committing an exclusion
offence.‘(2)The security
officer or police officer may direct the person to leavethe
site.‘(3)The security
officer or police officer may also direct the person notto
re-enter the site for 24 hours.‘(4)A person must not contravene a
direction given to the person undersubsection (2) or
(3), unless the person has a reasonable excuse.Maximum
penalty—10 penalty units.1234567891011121314151617181920212223242526
s56s5South
Bank Corporation Amendment‘(5)A
security officer may, by written notice, direct a person to leave
thesite, and not re-enter the site for a stated
period (starting when the directionis given) of not
more than 10 days if—(a)thepersoncontravenesadirectiongiventothepersonundersubsection (2)
or (3); or(b)the security officer is of the
opinion, on reasonable grounds, thatthe exclusion of
the person from the site is justified because of theperson’s behaviour.‘(6)A person must not contravene a
direction given to the person undersubsection (5),
unless the person has a reasonable excuse.Maximum
penalty—10 penalty units.˙‘Power
to hand over certain offenders to the police‘37C. A security officer who finds a
person on the site—(a)committing an exclusion offence;
or(b)unlawfully damaging property;
or(c)contravening an exclusion direction or
order;may take the person immediately to a police
officer, using only such forceas is reasonable
and necessary.˙‘Power to ask name
and address‘37D.(1)This section
applies if a security officer or police officer (the“officer”) finds a person
on the site—(a)committing an offence against this
Act; or(b)incircumstancesthatlead,orhasinformationthatleads,theofficer to suspect on reasonable grounds
that the person has justcommitted, or is committing, an
offence against this Act.Example of paragraph (b)—Asecurityofficerfindsapersononthesite,andhasinformationtosuspectonreasonablegroundsthatthepersonhasremainedon,orre-enteredthesite,incontravention of an exclusion order or
direction.1234567891011121314151617181920212223242526272829
s57s5South
Bank Corporation Amendment‘(2)Theofficermayaskthepersontostatetheperson’snameandaddress.‘(3)When making the request, the officer
must warn the person that it isan offence to
fail to state the person’s name or address, unless the
personhas a reasonable excuse.‘(4)The officer may ask the person to give
evidence of the correctness ofthe stated name
or address if the officer suspects, on reasonable grounds,the
stated name or address is false.‘(5)A person must comply with a request
under subsection (2) or (4),unless the person
has a reasonable excuse.Maximum penalty—10 penalty
units.‘(6)A person does
not commit an offence against this section if—(a)the
person was asked to state the person’s name and address byan
officer who suspected the person had committed an offenceagainst this Act; and(b)the
person is not proved to have committed the offence.˙‘Court may exclude
person from the site‘37E.(1)Thecorporation,orapoliceofficerauthorisedbythecorporation, may apply to a court for
an order excluding a person from thesite because of
the person’s behaviour on the site.‘(2)Theapplicationmaybemadeinaproceedingforanexclusionoffence,
contravening an exclusion direction or order, or at any other
time.‘(3)Iftheapplicationisnotmadeinaproceedingforanoffencementionedinsubsection(2),thecorporationmustgivenoticeoftheapplication to
the person at least 21 days before the application is heard.‘(4)The notice must
set out particulars of the behaviour claimed to havebeen
committed by the person.‘(5)If
the court decides to make the order, the court may order that
theperson not enter the site for a stated period
of not more than 1 year.1234567891011121314151617181920212223242526272829
s58s5South
Bank Corporation Amendment‘(6)Apersonmustnotcontraveneanordermadeagainstthepersonunder subsection
(5).Maximum penalty—20 penalty units.‘(7)This section
applies despite theJuvenile Justice Act 1992.˙‘Power
of arrest‘37F.(1)This section
applies to an offence against any of the followingsections—•section37B(4)or(6)(Powertodealwithpersonscausingapublic nuisance)•section 37D(5) (Power to require name and
address)•section 37E(6) (Court may exclude
person from the site).‘(2)A
police officer may arrest a person if—(a)the
officer—(i)finds the person committing an offence
to which this sectionapplies; or(ii)findsthepersonincircumstancesthatlead,orhasinformation that leads, the officer to
suspect on reasonablegroundsthatthepersonhasjustcommitted,oriscommitting, an offence to which this
section applies; and(b)theofficerbelievesonreasonablegroundsthataproceedingagainstthepersonbywayofcomplaintandsummonsfortheoffence would be ineffective.˙‘Certain exclusion
directions may be reviewed‘37G.(1)A
person who is given a reviewable exclusion direction mayapply
in writing to a court at a place in the central division of the
BrisbaneMagistratesCourtdistrictforareviewofthereasonablenessofthedirection.‘(2)The application must be made—(a)within 3 days after the person is
given the direction; or1234567891011121314151617181920212223242526272829
s59s5South
Bank Corporation Amendment(b)if the direction
is for less than 3 days—before the direction ends.‘(3)Theregistrarorclerkofthecourtmustimmediatelygivethecorporation a copy of the
application.˙‘Review does not
stay effect of exclusion direction‘37H.Themakingofanapplicationforthereviewofareviewableexclusion
direction does not stay the operation of the direction.˙‘Procedure for
review‘37I.(1)A court to which
an application for the review of a reviewableexclusion
direction is made must review the direction as soon as
practicableafter the application is made.‘(2)In hearing and
deciding the review—(a)the court is not
bound by the rules of evidence and may informitself in any
way it considers appropriate; and(b)the
court must observe natural justice; and(c)the
court may hear the review in court or in chambers; and(d)a party to the review cannot be
represented by a lawyer; and(e)a
child may be represented by an associated adult; and(f)the court may not make an order for
costs (other than filing fees).Example of
(2)(a)—The court may allow a party to a review to
take part in the review by telephone.‘(3)For subsection (2)(e), an“associated adult”for a child is
an adultwho—(a)is the child’s
parent, step-parent or guardian; or(b)is
married to the child; or(c)has parental
rights and duties for the child; or(d)might reasonably be expected to have
authority over the child’sconduct.123456789101112131415161718192021222324252627
s
510s 5South Bank
Corporation Amendment‘(4)To
remove any doubt,Childrens Court Act 1992, section
203appliesto a review by
the Childrens Court.˙‘Decision on review‘37J.(1)A court
reviewing a reviewable exclusion direction may—(a)confirm the reasonableness of the direction;
or(b)set the direction aside; or(c)setthedirectionasideandgivedirectionsthecourtconsidersappropriate about the direction.‘(2)Compensation is
not payable by anyone for a reviewable exclusiondirection confirmed or set aside under this
section.‘(3)This section
applies despite theJuvenile Justice Act 1992.˙‘Annual
report of corporation to include report on part‘37K.The corporation
must include a report on the exercise of powersunder this part
in each annual report.’.1234567891011121314153Section 20 (Who
may be present at a proceeding)
11South Bank Corporation Amendment¡SCHEDULE†MINOR AMENDMENTSsection 31.
Section 4, heading—omit, insert—‘Definitions’.2.
Section 4, definition “development completion date”, ‘byproclamation under section 22B’—omit, insert—‘under a
regulation’.3. Section 9(2), ‘by notification in the
Gazette’—omit.4. Section 12(2),
‘by order in council’—omit, insert—‘under a
regulation.’.5. Section 13(1), ‘by order in
council’—omit, insert—‘by gazette
notice’.123456789101112131415161718
12South Bank Corporation AmendmentSCHEDULE (continued)6. Section 13A(3),
‘by order in council’—omit, insert—‘by gazette
notice’.7. Section 22B(1), ‘, by order in
council,’—omit.8. Section 22B(3),
‘by proclamation’—omit, insert—‘under a
regulation’.9. Section 24(4), ‘by order in
council’—omit, insert—‘by gazette
notice’.10. Section 40, heading—omit,
insert—‘Regulation making power’.11. Section 40(1), ‘for the purposes
of’—omit, insert—‘under’.12.
Section 40, as amended—relocateas section
42.12345678910111213141516171819
