Under section 66N of the Summary Offences Act 1953 (SA), the Attorney-General may declare a defined area of one or more public spaces to be a declared public precinct for a period specified in the declaration. An area may not be a declared public precinct for more than 12 hours in a 24 hour period unless the Attorney-General is satisfied that special circumstances exist to warrant it.
Declaration is made by notice in the Gazette and any notice of declaration must be published on a website accessible by the public free of charge.
Police officers have the power to carry out metal detector and general drug detection searches in declared public precincts [ss 66R, 66S].
Remaining or re-entering after order to leave [s 66O]
It is an offence to remain in a declared public precinct after having been ordered to leave by a police officer, or to re-enter the precinct during the declared public precinct period.
Maximum penalty: $1 250.
Police may use reasonable force to remove a person from a declared public precinct if they fail to leave or re-enter.
Offensive or disorderly conduct [s 66P]
It is an offence to behave in an offensive or disorderly manner within a declared public precinct. Offensive or disorderly conduct under this section does not include behaviour involving violence or a threat of violence.
Maximum penalty: $1 250 [expiation fee: $250].
Offensive weapons and dangerous articles [s 66Q]
It is an offence to carry an offensive weapon or dangerous article within a declared public precinct.
Maximum penalty: $10 000 or 2 years imprisonment.
Failure to comply with barring order [s 66T]
If a person within a declared public precinct commits an offence that may pose a risk to public order or safety, or behaves in an offensive or disorderly manner, a police officer may bar the person from entering or remaining in the precinct for a period of time.
It is an offence for a person to enter or remain in a declared public precinct from which he or she has been barred.
Maximum penalty: $2 500.
Hindering police [s 66U]
It is an offence to hinde ror obstruct a police officer exercising their powers under sections 66R [Power to conduct metal detector searches] or 66S [Power to carry out general drug detection].
Maximum penalty: $2 500 or 6 months imprisonment.
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