A Police banning notice is a notice that is provided to an individual by Police that stops them from remaining at or entering the following locations:
- A safe night precinct;
- A licenced premises;
- An event where alcohol is being sold; or
- An area that is within a reasonable distance of any of the above three locations.
Police are required to explain the notice to you at the time that they issue it to you. Upon completing the explanation the notice will take immediate effect.
Part 5A of the Police Powers and Responsibilities Act 2000 gives Police the power to issue Police banning notices to individuals who are 17 years of age or older.
Police are able to issue you a banning notice if you are behaving in a disorderly, offensive or violent manner in the vicinity of one of the above locations.
There are two different types of Police Banning Notices that you can be issued. Police will first issue you an initial banning notice which may last for up to ten (10) days. The other type is an extended police banning notice.
If your banning notice is extended than you can be banned from the location for a period of up to three (3) months from the initial date of your first banning notice.
The consequences of disobeying the notice are that you will face a criminal charge of Contravention of a Police Banning Notice, unless you have a reasonable excuse for failing to comply with the notice.
The maximum penalty for this offence is 60 penalty units, meaning that it is a fineable only offence.
You can apply to the Commissioner of Police to seek your banning notice be cancelled or amended.
For information on seeking to amend or cancel your banning notice you can visit:
https://forms.police.qld.gov.au/reports/Policebanning
Our team specialize in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.
