South Australian Current Acts South Australian Current Acts (1) Where a person is
loitering in a public place or a group of persons is assembled in a
public place and a police officer believes or apprehends on reasonable
grounds—
(a) that
an offence has been, or is about to be, committed by that person or by one or
more of the persons in the group or by another in the vicinity; or
(b) that
a breach of the peace has occurred, is occurring, or is about to occur, in the
vicinity of that person or group; or
(c) that
the movement of pedestrians or vehicular traffic is obstructed, or is about to
be obstructed, by the presence of that person or group or of others in the
vicinity; or
(d) that
the safety of a person in the vicinity is in danger,
the officer may request that person to cease loitering, or request the persons
in that group to disperse, as the case may require.
(2) A person of whom a
request is made under subsection (1) must leave the place and the area in
the vicinity of the place in which he or she was loitering or assembled in the
group.
Maximum penalty: $1 250 or imprisonment for 3 months.
(3) If a police
officer has reasonable grounds to suspect that a person who is loitering in a
public place is of a prescribed class, the officer may request that the person
state the reason why he or she is in that place.
(4) The police officer
must, before making the request, advise the person—
(a) that
the request is being made under this section; and
(b)
which prescribed class the officer believes the person belongs to.
(5) If, in response to
a request by a police officer under subsection (3), a person of a
prescribed class refuses or fails to state a satisfactory reason for being in
that place, the person is guilty of an offence.
Maximum penalty: $5 000 or imprisonment for 3 months.
(6) A person is of a
prescribed class for the purposes of this section if the person is—
(a) a
person who has been found guilty of, or who is reasonably suspected of having
committed, a serious and organised crime offence; or
(b) a
prescribed drug offender within the meaning of the Criminal Assets
Confiscation Act 2005 ; or
(c) a
person who is subject to a firearms prohibition order under Part 8 of the
Firearms Act 2015 ; or
(d) a
person who is subject to a control order under the Serious and Organised
Crime (Control) Act 2008 ; or
(e) a
person who is subject to a weapons prohibition order under Part 3A; or
(f) a
person who is subject to a consorting prohibition notice under Part 14A; or
(g) a
person who is subject to a non-association or place restriction order under
Part 4 Division 5 of the Summary Procedure Act 1921 ; or
(h) a
person who is subject to a paedophile restraining order under Part 4 Division
7 of the Summary Procedure Act 1921 ; or
(i)
a person of a class prescribed by regulation.
(7) For the purposes
of subsection (6), a person may belong to a prescribed class by virtue of
an offence committed, an order made or a notice issued before or after the
commencement of that subsection.
(8) In any proceedings
for an offence under subsection (5)—
(a) an
apparently genuine document purporting to be signed by the Commissioner and to
certify that at a specified time a weapons prohibition order or a
consorting prohibition notice applied to, or was in force against, a
specified person is admissible as evidence of the matter so certified and is,
in the absence of proof to the contrary, to be regarded as proof of the matter
so certified; and
(b) an
apparently genuine document purporting to be signed by the Registrar of
Firearms and to certify that at a specified time a firearms prohibition order
applied to, or was in force against, a specified person is admissible as
evidence of the matter so certified and is, in the absence of proof to the
contrary, to be regarded as proof of the matter so certified.