148K Direction to leave designated area or licensed S. 148K premises inserted by No. 73/2007 s. 5. (1) This section applies if a person to whom an exclusion order applies is in the designated area or licensed premises in contravention of the order. S. 148K(2) (2) Subject to subsection (3), a police officer may amended by direct the person to leave the designated area or No. 37/2014 s. 10(Sch. the licensed premises (as the case requires) in the item 96.26(a)). manner, if any, directed by the police officer. S. 148K(3) (3) A police officer must— amended by No. 37/2014 s. 10(Sch. item 96.26(b)(i)). S. 148K(3)(a) (a) produce proof of his or her identity and amended by official status before exercising a power No. 37/2014 under subsection (2) unless the police officer s. 10(Sch. item is in uniform; and 96.26(b)(ii)). (b) inform the person that— S. 148K(3) (i) the police officer is empowered to (b)(i) direct the person to leave the designated amended by No. 37/2014 area or licensed premises (as the case s. 10(Sch. requires); and item 96.26(b)(i)). (ii) it is an offence to fail to comply with the direction; and (c) make all reasonable attempts to ensure that the person understands the direction. (4) A direction under subsection (2)— (a) may be given orally or in writing; and (b) must be reasonable in all the circumstances.
S. 148K inserted by No. 73/2007 s. 5. 148K Direction to leave designated area or licensed premises (1) This section applies if a person to whom an exclusion order applies is in the designated area or licensed premises in contravention of the order. S. 148K(2) amended by No. 37/2014 s. 10(Sch. item 96.26(a)). (2) Subject to subsection (3), a police officer may direct the person to leave the designated area or the licensed premises (as the case requires) in the manner, if any, directed by the police officer. S. 148K(3) amended by No. 37/2014 s. 10(Sch. item 96.26(b)(i)). (3) A police officer must— S. 148K(3)(a) amended by No. 37/2014 s. 10(Sch. item 96.26(b)(ii)). (a) produce proof of his or her identity and official status before exercising a power under subsection (2) unless the police officer is in uniform; and (b) inform the person that— S. 148K(3) (b)(i) amended by No. 37/2014 s. 10(Sch. item 96.26(b)(i)). (i) the police officer is empowered to direct the person to leave the designated area or licensed premises (as the case requires); and (ii) it is an offence to fail to comply with the direction; and (c) make all reasonable attempts to ensure that the person understands the direction. (4) A direction under subsection (2)— (a) may be given orally or in writing; and (b) must be reasonable in all the circumstances.
98-94a084.docx