Public Order Act 2009 · 2020 Revised Edition · Part 3 · Special Events Security
26. Prohibited items
Feedback & supportLast amended by an amending law of 2017. 2 amendments in all.
This section applies only if the notification under section 22(2) relating to the enhanced security special event to be held at a special event area states that it is a condition of entry to the special event area that an entrant must not take into or possess in the special event area a prohibited item.
enhanced security special event
“enhanced security special event” means a special event that is the subject of a declaration made by the Minister;
A person must not take a prohibited item into a special event area, unless the person has the express permission of a police officer to do so.
prohibited item
“prohibited item”, in relation to a special event, means any thing or animal that is stated to be a prohibited item in the notification in respect of the event under section 22;
A person must not —
without lawful excuse, possess a prohibited item in a special event area; or
use a prohibited item in a way that causes —
the prohibited item or any part of it;
something contained in or on the prohibited item; or
something produced by the prohibited item,to enter the special event area.
In proceedings for an offence under subsection (5) for failing to comply with subsection (3) —
it is not necessary for the prosecution to prove that an accused knew or had reason to believe that an area is a special event area; but(b)it is a defence to a charge for failing to comply with subsection (3)(b) for the accused to prove, on a balance of probabilities, that —
the accused did not intentionally cause the prohibited item or part of it, or something contained in or on, or produced by, the prohibited item, to enter the special event area, and the entry was not due to any want of reasonable care on the part of the accused; or
the accused had in force a prohibited item permit from the Commissioner and had, in accordance with that permit, used a prohibited item in a way that caused it, something contained in it or on it or something produced by it, to enter the special event area.
Any person who fails to comply with subsection (2) or (3) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 12 months or to both.
It shall not be an offence under this section if the person disposes of the prohibited item before entering the special event area.
special event area
“special event area”, in relation to a special event, means, for the period the declaration by the Commissioner or the Minister (as the case may be) for the event is in force —(a)the place or places stated in the declaration as the location or locations at which the event is or is to be; and(b)any place reasonably incidental to the holding of the event;