Australian Capital Territory Numbered Acts

PUBLIC POOLS ACT 2015 (NO. 7 OF 2015) - SECT 30

    (1)     A person commits an offence if the person—

        (a)     is subject to a direction to leave under section 27 (2) (b), section 28 (1) or section 29 (5); and

        (b)     fails to comply with the direction.

Maximum penalty: 10 penalty units.

Note     Fail includes refuse (see Legislation Act

, dict, pt 1).

    (2)     An offence against this section is a strict liability offence.

    (3)     This section does not apply to a person if, before giving the direction, the authorised person did not warn the person that failure to comply with the direction is an offence.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (3) (see Criminal Code

, s 58).

    (4)     If a person commits an offence under subsection (1), a police officer or licensed security guard may use such force as is reasonably necessary to—

        (a)     apprehend and detain the person; or

        (b)     remove the person from, or stop the person from re-entering, the pool facility.

    (5)     A police officer or licensed security guard exercising powers under subsection (4) may act with such assistance as is reasonably necessary from an authorised person.

    (6)     A person must not be detained under subsection (4) (a) for longer than is reasonably necessary to remove the person from the pool facility.