Asked to move on? It depends which state you are in
Move-on powers are set by each state and territory — and on Commonwealth land in Canberra, by Commonwealth law — and they differ in kind rather than degree: who can give you a direction, on what grounds, how long it lasts, and whether refusing is an offence in itself all change at the border.
That makes this the one subject on this site where a single national answer would be worse than no answer. One state's rule read as though it were another's is how a person ends up believing they had to leave when they did not, or that they could stay when they could not.
7 of 8 have been read against the Act itself. The rest say not read yet, and that is not a suggestion that nobody can move you on there.
| State or territory | Move-on power | How long it can keep you away | What is here |
|---|---|---|---|
| New South Wales | not read yet | — | The overnight rules in New South Wales |
| Victoria | a power exists | not more than 24 hours | Summary Offences Act 1966 (Vic) s 6(1); Summary Offences Act 1966 (Vic) s 6(2); Summary Offences Act 1966 (Vic) s 6(3); Summary Offences Act 1966 (Vic) s 6(4); Sentencing Act 1991 (Vic) s 111; Summary Offences Act 1966 (Vic) s 6(5) |
| Queensland | a power exists | not more than 24 hours | Police Powers and Responsibilities Act 2000 (Qld), s 48(1); Police Powers and Responsibilities Act 2000 (Qld), ss 44 and 46(1); Police Powers and Responsibilities Act 2000 (Qld), s 48(4); Police Powers and Responsibilities Act 2000 (Qld), s 48(5); Police Powers and Responsibilities Act 2000 (Qld), s 791(2) |
| Western Australia | a power exists | not more than 24 hours | Criminal Investigation Act 2006 (WA) s 27(1); Criminal Investigation Act 2006 (WA) s 27(6); Criminal Investigation Act 2006 (WA) s 27(2)(c); Criminal Investigation Act 2006 (WA) s 27(3); Criminal Investigation Act 2006 (WA) s 27(7); Criminal Investigation Act 2006 (WA) s 153(1); Sentencing Act 1995 (WA) s 9(2), with the definition in s 4(1) |
| South Australia | a power exists | no period stated in the section | Summary Offences Act 1953 (SA) s 18, version 4.12.2025 |
| Tasmania | a power exists | not less than 4 hours | Police Offences Act 1935 (Tas) s 15B(1); Police Offences Act 1935 (Tas) s 15B(2) |
| Northern Territory | a power exists | “not exceed 72 hours” (s 47B) | Summary Offences Act 1923 (NT) s 47A(1) and (2) and s 5, as in force at 25 March 2024; Summary Offences Act 1923 (NT) s 47B(1), (2), (4)–(7), as in force at 25 March 2024 |
| Australian Capital Territory | a power exists | not more than 6 hours | Crimes Act 1900 (ACT) s 175 and s 179, republication No 155 effective 23 February 2026; Australian Capital Territory National Land (Unleased) Ordinance 2022 (Cth) s 69(1), compilation No. 1, 1 April 2025 |
The middle column is worth reading twice. Queensland, Victoria and Western Australia cap a direction at not more than 24 hours, and the ACT at not more than 6. The Northern Territory's written stay-away notice can run to 72 hours. Tasmania's section says not less than 4 hours — a floor rather than a ceiling, with no maximum stated in the section at all. South Australia's states no period: the person must leave the place and the area around it.
What it costs to disobey one differs too, and not along one scale. The maximum penalties read so far: a fine of up to 2 penalty units in Tasmania and in the ACT; up to 5 penalty units in Victoria; up to $1 250 or up to 3 months' imprisonment in South Australia; in the Northern Territory, up to $2,000 or up to 6 months' imprisonment, or both, for not ceasing to loiter, and up to 100 penalty units or up to 6 months' imprisonment for breaching a written stay-away notice; and a fine of up to $12 000 and up to 12 months' imprisonment in Western Australia. Western Australia is also the only one whose Act requires the officer to weigh what the order will do to the person first — their access to where they live, shop and work, to transport, health, education and other essential services, and their safety and wellbeing.
Your state's own wording
- Asked to move on in Victoria — Summary Offences Act 1966 (Vic) s 6(1); Summary Offences Act 1966 (Vic) s 6(2); Summary Offences Act 1966 (Vic) s 6(3); Summary Offences Act 1966 (Vic) s 6(4); Sentencing Act 1991 (Vic) s 111; Summary Offences Act 1966 (Vic) s 6(5)
- Asked to move on in Queensland — Police Powers and Responsibilities Act 2000 (Qld), s 48(1); Police Powers and Responsibilities Act 2000 (Qld), ss 44 and 46(1); Police Powers and Responsibilities Act 2000 (Qld), s 48(4); Police Powers and Responsibilities Act 2000 (Qld), s 48(5); Police Powers and Responsibilities Act 2000 (Qld), s 791(2)
- Asked to move on in Western Australia — Criminal Investigation Act 2006 (WA) s 27(1); Criminal Investigation Act 2006 (WA) s 27(6); Criminal Investigation Act 2006 (WA) s 27(2)(c); Criminal Investigation Act 2006 (WA) s 27(3); Criminal Investigation Act 2006 (WA) s 27(7); Criminal Investigation Act 2006 (WA) s 153(1); Sentencing Act 1995 (WA) s 9(2), with the definition in s 4(1)
- Asked to move on in South Australia — Summary Offences Act 1953 (SA) s 18, version 4.12.2025
- Asked to move on in Tasmania — Police Offences Act 1935 (Tas) s 15B(1); Police Offences Act 1935 (Tas) s 15B(2)
- Asked to move on in the Northern Territory — Summary Offences Act 1923 (NT) s 47A(1) and (2) and s 5, as in force at 25 March 2024; Summary Offences Act 1923 (NT) s 47B(1), (2), (4)–(7), as in force at 25 March 2024
- Asked to move on in the Australian Capital Territory — Crimes Act 1900 (ACT) s 175 and s 179, republication No 155 effective 23 February 2026; Australian Capital Territory National Land (Unleased) Ordinance 2022 (Cth) s 69(1), compilation No. 1, 1 April 2025
Wherever you are
If you have nowhere else to go tonight, that is the more urgent problem and it has its own page: the services that can help you find a bed, by state. If you are in immediate danger, call 000.
Whatever a page says, the sign in front of you and the person standing there are the immediate facts. This site publishes legal information, not legal advice — it describes what the law says in general, never what you should do in your situation.
Where this comes from
- “A police officer may give to a person or group of persons doing a relevant act any direction that is reasonable in the circumstances.” — Police Powers and Responsibilities Act 2000, s 48, Queensland Legislation (Office of the Queensland Parliamentary Counsel). Retrieved 30 Aug 2026.
- “A police officer may exercise a power under section 48 in relation to a person at or near a regulated place if a police officer reasonably suspects the person’s behaviour is or has been— (a) causing anxiety to a person entering, at or leaving the place, reasonably arising in all the circumstances; or (b) interfering with trade or business at the place by unnecessarily obstructing, hindering or impeding someone entering, at or leaving the place; or (c) disorderly, indecent, offensive, or threatening to someone entering, at or leaving the place; or (d) disrupting the peaceable and orderly conduct of any event, entertainment or gathering at the place.” “This part applies in relation to the following places (regulated places)—(a) public places, including a public place in a safe night precinct or designated business and community precinct; (b) prescribed places that are not also public places.” — Police Powers and Responsibilities Act 2000, s 46, Queensland Legislation (Office of the Queensland Parliamentary Counsel). Retrieved 30 Aug 2026.
- “(a) leave the regulated place and not return or be within the regulated place within a stated reasonable time of not more than 24 hours; (b) leave a stated part of the regulated place and not return or be within the stated part of the regulated place within a stated reasonable time of not more than 24 hours; (c) move from a particular location at or near the regulated place for a stated reasonable distance, in a stated direction, and not return or be within the stated distance from the place within a stated reasonable time of not more than 24 hours.” — Police Powers and Responsibilities Act 2000, s 48, Queensland Legislation (Office of the Queensland Parliamentary Counsel). Retrieved 30 Aug 2026.
- “The police officer must tell the person or group of persons the reasons for giving the direction.” — Police Powers and Responsibilities Act 2000, s 48, Queensland Legislation (Office of the Queensland Parliamentary Counsel). Retrieved 30 Aug 2026.
- “A person must not contravene a requirement or direction given by a police officer, including a requirement or direction contained in a notice given by a police officer, under this Act, unless the person has a reasonable excuse.” — Police Powers and Responsibilities Act 2000, s 791, Queensland Legislation (Office of the Queensland Parliamentary Counsel). Retrieved 30 Aug 2026.
- “may give a direction to a person or persons in a public place to leave the public place, or part of the public place, if the police officer or protective services officer suspects on reasonable grounds that” “the person is or persons are breaching, or likely to breach, the peace” “the person is or persons are endangering, or likely to endanger, the safety of any other person” “the behaviour of the person or persons is likely to cause injury to a person or damage to property or is otherwise a risk to public safety” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
- “A direction under this section may be given orally.” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
- “A direction under this section may direct the person or persons not to return to the public place or part of a public place or not to be in that public place or part for a specified period of not more than 24 hours.” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
- “A person must not without reasonable excuse contravene a direction given to the person under this section.” “Penalty: 5 penalty units.” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
- “A penalty set out at the foot of a provision of an Act, subordinate instrument or local law must, unless the context otherwise requires, be construed as indicating that a contravention (whether by act or omission) of the provision is an offence against the Act, subordinate instrument or local law punishable on a finding of guilt (with or without recording a conviction as required by section 7) by a penalty not exceeding that set out.” — Sentencing Act 1991, authorised version No. 234 incorporating amendments as at 30 September 2026, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
- “This section does not apply in relation to a person who, whether in the company of other persons or not, is” “picketing a place of employment” “demonstrating or protesting about a particular issue” — Summary Offences Act 1966, authorised version No. 149, Victorian Government — Chief Parliamentary Counsel. Retrieved 12 Oct 2026.
- “A police officer may give a move on order to a person if the officer reasonably suspects that the person, while in a public place or in a vehicle used for public transport” “is committing any other breach of the peace” “is hindering, obstructing or preventing any lawful activity that is being, or is about to be, carried out by another person” “has just committed or is committing an offence” — Criminal Investigation Act 2006 (official version), Western Australian Government — Parliamentary Counsel’s Office. Retrieved 1 Sep 2026.
- “A move on order must be given to a person in an approved form.” — Criminal Investigation Act 2006 (official version), Western Australian Government — Parliamentary Counsel’s Office. Retrieved 1 Sep 2026.
- “to stay away from the relevant place or vehicle, or a specified part of the relevant place or vehicle, for a specified reasonable period of not more than 24 hours” — Criminal Investigation Act 2006 (official version), Western Australian Government — Parliamentary Counsel’s Office. Retrieved 1 Sep 2026.
- “the police officer must take into account the likely effect of the order on the person” “the effect on the person’s access to the places where the person ordinarily resides, shops and works” “the effect on the person’s access to transport, health, education or other essential services” “the effect on the person’s safety and wellbeing” — Criminal Investigation Act 2006 (official version), Western Australian Government — Parliamentary Counsel’s Office. Retrieved 1 Sep 2026.
- “A person is not in breach of the move on order if the person is taking reasonable steps to comply with the order.” — Criminal Investigation Act 2006 (official version), Western Australian Government — Parliamentary Counsel’s Office. Retrieved 1 Sep 2026.
- “A person who, without reasonable excuse, does not comply with an order given by an officer under this Act commits an offence.” “Penalty: a fine of $12 000 and imprisonment for 12 months.” — Criminal Investigation Act 2006 (official version), Western Australian Government — Parliamentary Counsel’s Office. Retrieved 1 Sep 2026.
- “statutory penalty, in relation to an offence, means the penalty specified by a written law for the offence;” “If the statutory penalty for an offence is a fine of a particular amount or a particular term of imprisonment, then that penalty is the maximum penalty that may be imposed for that offence and, unless the statutory penalty — (a) is a mandatory penalty; or (b) includes a minimum penalty, a lesser penalty of the same kind may be imposed.” — Sentencing Act 1995 (WA), compilation 10-ag0-00, as at 31 December 2025 (official version), Western Australian Parliamentary Counsel's Office. Retrieved 12 Oct 2026.
- “A police officer may direct a person in a public place to leave that place and not return for a specified period of not less than 4 hours if the police officer believes on reasonable grounds that the person” “has committed or is likely to commit an offence” “is obstructing or is likely to obstruct the movement of pedestrians or vehicles” “is endangering or likely to endanger the safety of any other person” “has committed or is likely to commit a breach of the peace” — Police Offences Act 1935 (authorised consolidation), Tasmanian Government — Department of Premier and Cabinet. Retrieved 1 Sep 2026.
- “A person must comply with a direction under subsection (1).” “Penalty: Fine not exceeding 2 penalty units.” — Police Offences Act 1935 (authorised consolidation), Tasmanian Government — Department of Premier and Cabinet. Retrieved 1 Sep 2026.
- “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—” “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” “that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group; or” “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” “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.” “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.” — Summary Offences Act 1953, authorised version, South Australian Government — South Australian Legislation. Retrieved 12 Oct 2026 (read from a copy of the authorised version captured 9 December 2025; legislation.sa.gov.au blocks automated retrieval).
- “loiter means to idle or linger about.” “A person loitering in any public place who does not give a satisfactory account of himself when requested so to do by a member of the Police Force shall, on request by a member of the Police Force to cease loitering, cease so to loiter.” “Where a person is loitering in a public place and a member of the Police Force believes, on reasonable grounds” “that an offence has been or is likely to be committed; or” “that the movement of pedestrian or vehicular traffic is obstructed or is about to be obstructed,” “by that person or by any other person loitering in the vicinity of that person;” “that the safety of the person or any person in his vicinity is in danger; or” “that the person is interfering with the reasonable enjoyment of other persons using the public place for the purpose or purposes for which it was intended,” “the member of the Police Force may require any person so loitering to cease loitering and to remove from that public place any article under his control, and a person so required shall comply with and shall not contravene the requirement.” “Penalty: $2,000 or imprisonment for 6 months, or both.” — Summary Offences Act 1923, Northern Territory Government (NT legislation database). Retrieved 12 Oct 2026.
- “A police officer may give a written notice to a person who is loitering at a public place:” “requiring the person to stay away from the place or an area including the place for a specified period not exceed 72 hours from the time the notice is given; and” “The officer may do so only if the officer reasonably suspects:” “the person has committed, or is about to commit, an offence at the place or in the area; or” “the person is part of a group of people at the place and one or more people in the group have committed or are about to commit an offence at the place or in the area.” “The person is guilty of an offence if:” “the officer gives the person the notice; and” “the person contravenes the notice.” “Maximum penalty: 100 penalty units or imprisonment for 6 months.” “It is a defence for an offence against subsection (4) if the defendant proves that the defendant has a reasonable excuse.” “The officer must ensure all reasonable steps are taken to explain to the person (in language the person can readily understand) the matters mentioned in subsection (1)(a) to (c).” “The notice is not invalidated by a failure to comply with subsection (6).” — Summary Offences Act 1923, Northern Territory Government (NT legislation database). Retrieved 12 Oct 2026.
- “This section applies if a police officer reasonably believes that a person (whether part of a group or not) has recently engaged in, is engaged in, or is likely in the immediate future to engage in, conduct—” “violence towards, or intimidation of, a person; or” “damage to property; or” “that would cause a reasonable person to fear for their safety.” “immediately leave an area specified by the officer (an exclusion zone);” “remain outside the exclusion zone for a period, decided by the officer (an exclusion period), of not more than 6 hours;” “fails to comply with the direction.” “Maximum penalty: 2 penalty units.” “Subsection (1) does not apply if the person has a reasonable excuse.” — Crimes Act 1900, ACT Government — ACT Legislation Register. Retrieved 12 Oct 2026.
- “A police officer, with such assistance and using such force as is necessary and reasonable, may do any or all of the following:” “if the officer reasonably suspects a person of committing, or attempting to commit, an offence under Part 5 (except under s 65, about leaving gates open)—prevent the commission, or attempted commission, of such offence;” “remove from unleased National Land:” “a person mentioned in paragraph (a); or” “an animal or vehicle present upon it as a result of the suspected commission, or attempted commission, of an offence mentioned in paragraph (a).” — Australian Capital Territory National Land (Unleased) Ordinance 2022, Australian Government — Federal Register of Legislation. Retrieved 12 Oct 2026.