Queensland has created a new category of public space in which the ordinary rules about police powers do not apply. Inside a designated business and community precinct, an officer can scan you for weapons without suspecting you of anything, direct you to leave for up to 24 hours, or ban you from the area for weeks at a time, and contravening either direction is a criminal offence.
The precincts were introduced by the Expanding Adult Crime, Adult Time and Taking a Strong Stance on Drugs and Anti-Social Behaviour Amendment Act 2026 (Qld), which inserted section 808D into the Police Powers and Responsibilities Act 2000 (Qld). The first precinct, in Maryborough, was prescribed by the Police Powers and Responsibilities Regulation 2026 and began operating as a trial from 1 July 2026. Further precincts can be added by regulation, and central business districts elsewhere in the state have been publicly flagged.
If you have been wanded, moved on or given a banning notice in one of these precincts, you have more options than you may think. Our Brisbane and Gold Coast criminal defence lawyers have appeared in thousands of court matters and know how these powers are meant to operate, and what happens when they are exceeded.
What Is a Designated Business and Community Precinct?
A designated business and community precinct, or DBCP, is a geographically defined area, typically a town centre or CBD, prescribed by regulation under section 808D of the Police Powers and Responsibilities Act 2000 (Qld). The boundaries are set out on maps in the schedules to the Police Powers and Responsibilities Regulation 2026, which also explain how the boundary is read where it runs along a road, a river or a public structure.
The stated purpose is to reduce anti-social behaviour and disruption to business in commercial areas. The legal effect is that a precinct becomes a “relevant place” for several police powers that are otherwise confined to licensed venues, safe night precincts and public events where alcohol is sold.
The first practical consequence is worth stating plainly: you can be subject to these powers simply by walking through the area. There is no requirement that you be doing anything wrong.
The Three Powers That Apply Inside a Precinct
1. Wanding — scanning without warrant or suspicion
Section 39BA(1) of the Police Powers and Responsibilities Act 2000 (Qld) permits the use of a hand-held scanner without a warrant in a list of relevant places, and a designated business and community precinct is now included. This extends the so-called “Jack’s Law” wanding powers, originally introduced for safe night precincts and public transport, into CBDs.
An officer may scan any person, or their belongings, to detect a knife or other weapon. No suspicion about you personally is required. If a scan produces a weapon, what follows is an ordinary criminal investigation, and the usual questions about lawfulness of the search and what you say next become critical. Our guide to police searches without a warrant sets out how those questions are approached.
2. Move-on directions of up to 24 hours
The move-on powers in the Police Powers and Responsibilities Act 2000 (Qld) allow an officer to direct a person or group to leave a relevant place and not return for a stated period. Inside a designated precinct, that period can be up to 24 hours.
A direction is not lawful merely because an officer gave it. The Act sets out the grounds on which a direction may be given and requires that the direction be reasonable in the circumstances. Whether those conditions were met is a question that can be tested.
3. Police banning notices
A police banning notice prohibits a person from entering or remaining in specified places. An initial banning notice may be given to an adult who has behaved in a disorderly, offensive, threatening or violent way, and generally requires the approval of an officer of at least the rank of sergeant unless the officer giving it holds that rank.
The key features are:
- An initial police banning notice may run for up to one month, or until the end of a particular event.
- An extended police banning notice may run for up to three months from the date the initial notice was given, and may widen the places covered or add conditions.
- The ban can cover licensed venues, safe night precincts, public events where alcohol is sold, designated business and community precincts, and an area within a stated distance of those places.
- A notice may be given to a child where police consider it appropriate in the circumstances.
Statutory exceptions apply. A banning notice does not prevent you from entering your home, your workplace or your place of education, or from carrying out a necessary task: obtaining medical treatment, complying with an obligation imposed by law, accessing a government service, or obtaining food or medicine. The 2026 amendments clarified and expanded those reasonable excuses.
Penalties for Contravening a Direction or Notice
These are not administrative inconveniences. Contravening either type of direction is a criminal offence, and the maximum penalty is higher where the contravention happens in a prescribed place such as a designated precinct.
The dollar value of a penalty unit is set by regulation and is reviewed regularly, so the figure applicable to your matter should be confirmed at the time. Penalties actually imposed vary with the circumstances and the exercise of judicial discretion, and a court also has the discretion to record or not record a conviction, which, for many people, is the part that matters most. If you have never been to court before, our guide on what to expect when you go to court is a useful starting point.
Can a Banning Notice or Direction Be Challenged?
Yes. There are two distinct paths, and they are often pursued together.
The first is administrative. A person given a police banning notice may apply to the Commissioner of the Queensland Police Service to have the notice amended or cancelled. Applications of this kind are far more effective when they are properly framed, addressing the grounds on which the notice was given, the effect of the ban on your work, study, family or treatment, and what has changed.
The second is in court. If you are charged with contravening a notice or direction, the lawfulness of the underlying direction is squarely in issue. Was the officer empowered to give it? Were the statutory preconditions satisfied? Was the direction reasonable? Did a statutory exception apply to your conduct? Whether any of these arguments is available depends entirely on the facts of the particular case.
There is also a longer-term consideration. Police banning notices and move-on directions create records of police contact, and repeated contact influences how police exercise discretion the next time. If you are being repeatedly directed or banned in a precinct, that pattern is worth addressing early rather than after it has hardened. Our article on your rights when charged under criminal law explains the protections that apply from your first interaction with police.
Why Choose Hannay Criminal Defence
These powers are new, and how they are applied on the ground will be worked out case by case over the coming years. That is precisely the environment in which experienced representation counts. Hannay Criminal Defence brings extensive criminal law experience and strong criminal law expertise, including specialist representation for professionals, public servants, police officers and athletes, for whom a public order charge can carry disciplinary consequences well beyond the fine.
We have successfully represented many clients in having charges withdrawn or matters dismissed before they reach a hearing, and we act across Queensland from our Brisbane and Gold Coast offices.
What to Do Next — Don’t Wait
If you have been wanded, moved on, given a banning notice, or charged with contravening one in a designated business and community precinct, get advice before you respond. Acting quickly can make all the difference, particularly where an application to amend or cancel a notice is on foot, or where a charge is listed for an early mention.
Best recommendation: talk to us now. Worst thing to do: nothing. Call our Brisbane office on (07) 3063 9799 or our Gold Coast office on (07) 5571 2555, or get in touch through our contact page. The initial consultation is free. If you’re in hot water, you need Hannay Criminal Defence.
