Move On, Noise Complaint Flashcards
What must police officers be satisfied of before taking action under the PPRA regarding noise complaints?
The complaint is not vexatious or frivolous
What are the three categories of excessive noise according to the PPRA?
- Noise from motor vehicles
- Loud music
- Gathering of people
Which situations cannot be classed as excessive noise under the PPRA?
- Open air concert
- Commercial entertainment
- Public meeting under a permit
- Place used by motor vehicles under permit
What is the relevant section of the PPRA that addresses noise complaints?
PPRA s.577: ‘Complaint about noise’
What information is needed to investigate a noise complaint?
- Identity of the complainant
- Details of the current occupant or responsible person
- Location of the noise
- Source of the noise
What are the powers of police officers to deal with excessive noise as per PPRA?
- s. 581: Powers of police officer to deal with excessive noise
- S 40: Requirement to state name and address
- S 614: Power to use force
- S 80: Impounding motorbike for noise direction
What safeguards apply when an oral direction is made under the PPRA?
PPRA s 633: ‘Safeguards for oral directions or requirements’
Who is defined as the person responsible for noise under PPRA s. 581?
- Driver of the motor vehicle if noise is emitted from a vehicle
- Person in charge of the place if noise is emitted from another place
What is a Noise Abatement Direction (NAD)?
A direction issued to reduce the level of excessive noise
What is the noise abatement period for a motorbike not on a road?
48 hours after the direction is given
What forms can a Noise Abatement Direction (NAD) be recorded in?
- Notebook entry
- Body worn camera/recording device
- QPRIME flag
- Activity log
- Enforcement register
What does PPRA s 583 provide regarding police powers during later investigations?
- Enter a place without a warrant where noise is emitted
- Relate to the property which was the source of the noise
What are the charges under PPRA s 582 for non-compliance with noise abatement direction?
- Fail to comply with noise abatement direction (582(2)(a)
- Fail to comply with a noise abatement direction (582(1)(b)
- Knowingly not refrain from noise abatement direction (582(2)
What must police officers do when seizing property under PPRA?
- Advise the claim/collection should be made during business hours
- Use necessary and reasonable force
- Issue a field property receipt
- Advise the occupier of the seizure/removal
What should police officers do if damage is caused while exercising powers under the PPRA?
Give written notice to the owner of the damaged property
What are the consequences of not complying with a noise abatement direction?
- Police officer can commence a proceeding
- Issue an infringement notice for an offence
What should be included in the delivery of a Noise Abatement Direction?
The noise abatement period
True or False: Police officers must explain the terms of the direction and consequences of failing to comply with a Noise Abatement Direction.
True
Why do police officers move on persons?
To ensure the safety of the public and minimize damage to property.
This includes situations such as disrupting the peace, causing anxiety, loitering, being disorderly, or threatening public members.
What powers do police officers have regarding moving on individuals?
They can issue a direction to individuals or groups to move on or leave certain places.
This is based on reasonable suspicion of interference with public safety or order.
What is a regulated place?
A public place that members of the public have access to, including streets, shops, and public transport stations.
A regulated place can also refer to areas declared under specific laws.
What constitutes a prescribed place?
A shop, child-care center, school, licensed venue, or an automatic teller machine.
Prescribed places have specific regulations that differ from general public places.
What does the Relevant Act define?
Conduct that causes anxiety, interferes with trade, is disorderly or threatening, or disrupts public events.
This is outlined in sections 46 and 47 of the PPRA.
