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TASMANIA
__________
POLICE MISCELLANEOUS AMENDMENTS BILL
2009
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - POLICE OFFENCES ACT 1935 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 25 amended (Consumption of liquor in streets, &c.)
6. Section 37A amended (Interpretation)
7. Sections 37G, 37GA and 37GB inserted
37G. Requirement of owner or registered operator to
provide details
37GA. Notice of demand
37GB. Statutory declaration naming driver or occupant of
vehicle
8. Section 37K amended (Interpretation of Division)
9. Section 37N amended (Confiscation of vehicles)
10. Section 37U amended (Content of notice for first offence)
11. Section 37ZC amended (Recovery of vehicle confiscated for first
prescribed offence)
12. Section 47 amended (Interpretation)
[Bill 21]-IV
PART 3 - POLICE POWERS (VEHICLE INTERCEPTION) ACT 2000
AMENDED
13. Principal Act
14. Section 3 amended (Interpretation)
15. Section 11A inserted
11A. Evading police
2
POLICE MISCELLANEOUS AMENDMENTS BILL
2009
(Brought in by the Minister for Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Police Offences Act 1935 and the
Police Powers (Vehicle Interception) Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Police
Miscellaneous Amendments Act 2009.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 21] 3
Police Miscellaneous Amendments Act 2009
Act No. of
s. 3 Part 2 - Police Offences Act 1935 Amended
PART 2 - POLICE OFFENCES ACT 1935 AMENDED
3. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "liquor infringement
notice":
"motor vehicle" has the same
meaning as in the Vehicle and
Traffic Act 1999;
(b) by inserting the following definition after
the definition of "public place":
"public street" has the same meaning
as in the Traffic Act 1925;
(c) by inserting the following definition after
the definition of "town":
"trailer" has the same meaning as in
the Vehicle and Traffic Act 1999;
*No. 44 of 1935
4
Police Miscellaneous Amendments Act 2009
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 5
5. Section 25 amended (Consumption of liquor in
streets, &c.)
Section 25 of the Principal Act is amended by
omitting subsection (1).
6. Section 37A amended (Interpretation)
Section 37A of the Principal Act is amended by
omitting the definition of "motor vehicle" and
substituting the following definition:
"owner", when used in reference to a motor
vehicle or trailer, means -
(a) a person registered in the record
of motor vehicles and trailers
kept in accordance with section
41 of the Vehicle and Traffic Act
1999 as the owner of the motor
vehicle or trailer; or
(b) a person who is a joint owner or
part owner of the motor vehicle
or trailer -
and includes -
(c) any other person who has the use
of the motor vehicle or trailer
under a lease or hire-purchase
agreement; and
(d) a person to whom the motor
vehicle or trailer has been sold or
otherwise disposed of by a
5
Police Miscellaneous Amendments Act 2009
Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
previous registered owner who
has complied with the relevant
provisions of the Vehicle and
Traffic Act 1999; and
(e) a person who a police officer
reasonably believes is the owner
of the motor vehicle or trailer;
7. Sections 37G, 37GA and 37GB inserted
After section 37F of the Principal Act, the
following sections are inserted in Division 1:
37G. Requirement of owner or registered
operator to provide details
(1) Where a person is alleged to have
committed an offence against any State
or Commonwealth legislation as the
driver or an occupant of a motor vehicle,
the owner or registered operator of the
motor vehicle, on demand by a police
officer, must give to the officer all such
information as the officer requires as to
the identity and whereabouts of the
driver or any occupant of the vehicle at
any time relevant to the charge.
Penalty: Fine not exceeding 50 penalty
units.
(2) A demand for information may be made
orally or by a notice of demand served in
accordance with section 37GA.
6
Police Miscellaneous Amendments Act 2009
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 7
(3) If a demand is made orally, a police
officer is to serve a notice of demand in
accordance with section 37GA as soon as
practicable after making the demand.
(4) If any information required under
subsection (1) is not known to the owner
or registered operator, he or she must
take all reasonable steps to obtain that
information, and must report to a police
officer within 7 days the result of the
steps so taken.
Penalty: Fine not exceeding 50 penalty
units.
(5) On demand being made to any person by
a police officer for any information
within the person's knowledge as to the
identity of the driver or an occupant
referred to in subsection (1), or as to any
fact which may lead to the identification
of the driver or occupant, the person
must give the information to the officer.
Penalty: Fine not exceeding 50 penalty
units.
37GA. Notice of demand
(1) A police officer may serve a notice of
demand on the owner or registered
operator of a motor vehicle if the police
officer is satisfied that the driver or an
occupant of that motor vehicle has
committed an offence.
7
Police Miscellaneous Amendments Act 2009
Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
(2) A notice of demand is to -
(a) indicate the offence to which it
relates; and
(b) specify the registration number of
the motor vehicle that was
involved in the offence; and
(c) specify that the owner or
registered operator is to provide
to a police officer, within 7 days
after the owner or registered
operator is served with the notice,
a statutory declaration stating -
(i) the name, address and, if
known, the date of birth
and driver licence number
of the driver or occupant
of the motor vehicle at the
time the offence was
committed; or
(ii) if the owner or registered
operator does not know
the details referred to in
subparagraph (i) -
(A) any information
that may lead to
the identification
of the driver or
occupant of the
motor vehicle; or
8
Police Miscellaneous Amendments Act 2009
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 8
(B) the reasonable
steps that the
owner or
registered operator
has taken to obtain
such information.
(3) An owner or registered operator must
comply with the notice of demand.
Penalty: Fine not exceeding 50 penalty
units.
37GB. Statutory declaration naming driver or
occupant of vehicle
A statutory declaration provided under
section 37GA(2)(c) and naming the
driver or an occupant of the motor
vehicle at the time of the offence is
prima facie evidence that the person so
named was the driver or an occupant of
the motor vehicle at that time.
8. Section 37K amended (Interpretation of Division)
Section 37K of the Principal Act is amended as
follows:
(a) by omitting the definition of "prescribed
offence" from subsection (1) and
substituting the following definition:
"prescribed offence" means an
offence -
9
Police Miscellaneous Amendments Act 2009
Act No. of
s. 8 Part 2 - Police Offences Act 1935 Amended
(a) against section 14B
involving the use of a
vehicle, vessel or aircraft;
or
(b) against section 15B
involving the use of a
vehicle; or
(c) against section 37J; or
(d) against section 48; or
(e) against section 32 of the
Traffic Act 1925; or
(f) against section 11A of the
Police Powers (Vehicle
Interception) Act 2000; or
(g) that is prescribed by the
regulations for the
purposes of this Division.
(b) by omitting subsection (2) and
substituting the following subsection:
(2) In the application of this Division
to the offence referred to in
paragraph (a) of the
definition of "prescribed offence"
in subsection (1) -
"vehicle" includes vessel and
aircraft.
10
Police Miscellaneous Amendments Act 2009
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 9
9. Section 37N amended (Confiscation of vehicles)
Section 37N of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "10
days" and substituting "14 days";
(b) by omitting from subsection (7) "10" and
substituting "14".
10. Section 37U amended (Content of notice for first
offence)
Section 37U(a) of the Principal Act is amended
by omitting "48 hours" and substituting "7
days".
11. Section 37ZC amended (Recovery of vehicle
confiscated for first prescribed offence)
Section 37ZC of the Principal Act is amended by
omitting "48 hours" and substituting "7 days".
12. Section 47 amended (Interpretation)
Section 47 of the Principal Act is amended by
omitting the definition of "motor vehicle".
11
Police Miscellaneous Amendments Act 2009
Act No. of
s. 13 Part 3 - Police Powers (Vehicle Interception) Act 2000 Amended
PART 3 - POLICE POWERS (VEHICLE
INTERCEPTION) ACT 2000 AMENDED
13. Principal Act
In this Part, the Police Powers (Vehicle
Interception) Act 2000* is referred to as the
Principal Act.
14. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended by
omitting the definition of "owner" and
substituting the following definition:
"owner", when used in reference to a vehicle,
means -
(a) a person registered in the record
of motor vehicles and trailers
kept in accordance with section
41 of the Vehicle and Traffic Act
1999 as the owner of the vehicle;
or
(b) a person who is a joint owner or
part owner of the vehicle -
and includes -
(c) a person who has the use of the
vehicle under a lease or hire-
purchase agreement; and
*No. 46 of 2000
12
Police Miscellaneous Amendments Act 2009
Act No. of
Part 3 - Police Powers (Vehicle Interception) Act 2000 Amended s. 15
(d) a person to whom the vehicle has
been sold or otherwise disposed
of by a previous registered owner
who has complied with the
relevant provisions of the Vehicle
and Traffic Act 1999; and
(e) a person whom a police officer
reasonably believes is the owner
of the vehicle;
15. Section 11A inserted
After section 11 of the Principal Act, the
following section is inserted in Part 2:
11A. Evading police
(1) The driver of a vehicle must not take
action to avoid apprehension or
interception by a police officer who is
exercising his or her powers or
performing his or her functions under
any Act.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a
period not exceeding 12 months,
or both.
(2) A police officer may arrest, without
warrant, any person found offending
against this section.
(3) A court that convicts a person of an
offence under subsection (1) may, in
13
Police Miscellaneous Amendments Act 2009
Act No. of
s. 15 Part 3 - Police Powers (Vehicle Interception) Act 2000 Amended
addition to the penalty specified in that
subsection, disqualify the person from
driving for a period not exceeding 2
years.
(4) When a court imposes a disqualification
from driving under this section, it must
suspend or cancel any Australian driver
licence held by the person on whom the
disqualification is imposed as required by
section 17 of the Vehicle and Traffic Act
1999.
14 Government Printer, Tasmania