Asked to move on? It depends which state you are in
Move-on powers are state 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.
4 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) |
| Queensland | a power exists | not more than 24 hours | Police Powers and Responsibilities Act 2000 (Qld), s 48(1) |
| Western Australia | a power exists | not more than 24 hours | Criminal Investigation Act 2006 (WA) s 27(1) |
| South Australia | not read yet | — | The overnight rules in South Australia |
| Tasmania | a power exists | not less than 4 hours | Police Offences Act 1935 (Tas) s 15B(1) |
| Northern Territory | not read yet | — | The overnight rules in the Northern Territory |
| Australian Capital Territory | not read yet | — | No law page on this site yet |
The middle column is worth reading twice. Every jurisdiction read here caps a direction at not more than 24 hours — except Tasmania, whose section says not less than 4 hours. That is a floor rather than a ceiling, with no maximum stated in the section at all. Same two words, opposite meaning.
What it costs to disobey one differs by more than the wording does: from a fine not exceeding 2 penalty units in Tasmania to a $12 000 fine and 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.
What each Act says
Victoria
In Victoria a police officer, or a protective services officer on duty at a designated place, may direct a person in a public place to leave it, on reasonable suspicion that the person is breaching or likely to breach the peace, is endangering or likely to endanger anyone else’s safety, or is behaving in a way likely to cause injury or property damage or otherwise a risk to public safety.
A Victorian move-on direction may be given orally, so there is not necessarily anything in writing.
A Victorian direction can require a person not to return to the place, or that part of it, for a specified period of not more than 24 hours.
Contravening a Victorian move-on direction without reasonable excuse is an offence carrying a penalty of 5 penalty units.
The Victorian move-on power does not apply to a person picketing a place of employment, or demonstrating or protesting about a particular issue.
Queensland
In Queensland a police officer may give a person doing a relevant act any direction that is reasonable in the circumstances.
The power applies at or near a “regulated place” — which includes public places — where an officer reasonably suspects the person’s behaviour is causing anxiety, interfering with trade or business, is disorderly, indecent, offensive or threatening, or is disrupting an event or gathering.
A move-on direction can require a person to leave a place or a stated part of it, or to move a stated reasonable distance in a stated direction — and in each case not to return for a stated reasonable time of no more than 24 hours.
An officer giving a move-on direction must tell the person the reasons for it.
Contravening a police direction is an offence unless the person has a reasonable excuse. Arguing on the spot is not the remedy: the lawful route is to comply and complain afterwards.
Queensland in full — council officers, security guards, and how to complain
Western Australia
In Western Australia a police officer may give a move on order to a person in a public place, or in a vehicle used for public transport, on reasonable suspicion of violence or threatened violence, any other breach of the peace, hindering or obstructing a lawful activity, an intention to commit an offence, or having just committed or committing one.
A Western Australian move on order must be given in an approved form, so there is a document rather than only spoken words.
A Western Australian move on order can require a person to stay away from the place, or a specified part of it, for a specified reasonable period of not more than 24 hours.
Before giving the order the officer must take into account its likely effect on the person — including their access to where they ordinarily reside, shop and work, their access to transport, health, education or other essential services, and their safety and wellbeing.
A person is not in breach of the order while they are taking reasonable steps to comply with it.
Not complying with an order given by an officer under the Act, without reasonable excuse, is an offence carrying a fine of $12 000 and imprisonment for 12 months. This is the Act’s general offence provision rather than one written only for move on orders.
Tasmania
In Tasmania 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, on reasonable belief that the person has committed or is likely to commit an offence, is obstructing or likely to obstruct pedestrians or vehicles, is endangering or likely to endanger anyone else’s safety, or has committed or is likely to commit a breach of the peace.
A person must comply with a Tasmanian move-on direction. The penalty for not complying is a fine not exceeding 2 penalty units.
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 arrange 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), Victorian Government — Chief Parliamentary Counsel. Retrieved 1 Sep 2026.
- “A direction under this section may be given orally.” — Summary Offences Act 1966 (authorised version), Victorian Government — Chief Parliamentary Counsel. Retrieved 1 Sep 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), Victorian Government — Chief Parliamentary Counsel. Retrieved 1 Sep 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), Victorian Government — Chief Parliamentary Counsel. Retrieved 1 Sep 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), Victorian Government — Chief Parliamentary Counsel. Retrieved 1 Sep 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.
- “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.