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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
POLICE OFFENCES AMENDMENT BILL 2013
__________
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 7 amended (Loiterers, &c.)
6. Section 7A amended (Loitering near children)
7. Section 7B inserted
7B. Possession of implement or instrument
8. Section 8 amended (Begging, imposition, &c.)
9. Section 10 amended (Disorderly houses)
10. Section 12 amended (Prohibited language and behaviour)
11. Section 13 amended (Public annoyance)
12. Section 13A amended (Observation or recording in breach of
privacy)
13. Section 13B amended (Publishing or distributing prohibited
visual recording)
14. Section 13C amended (Possession of prohibited visual
recording)
15. Section 14B amended (Unlawful entry on land)
[Bill 77]-I
16. Sections 15 and 15A repealed
17. Section 18 amended (Discharge of distress signals)
18. Section 19A amended (Sports venues)
19. Section 20AA repealed
20. Section 21A substituted
21A. Unlawfully administering drug, &c.
21. Section 34B amended (Resistance to, and obstruction of, public
officers prohibited)
22. Section 35 amended (Common assault and aggravated assault)
23. Section 35A inserted
35A. Tattooing, body piercing and body modification
24. Section 37 amended (Offences relating to property)
25. Sections 37AAA and 37AA inserted
37AAA. Interference with war memorials
37AA. Unlawfully setting fire to property
26. Section 37I substituted
37I. Tampering with vehicles
27. Section 37J amended (Excessive noise, smoke, &c., from
vehicles)
28. Section 37K amended (Interpretation of Division)
29. Section 37N amended (Clamping and confiscation of vehicles)
30. Section 37O amended (Period of clamping or confiscation for
first prescribed offence)
31. Section 37P amended (Period of clamping or confiscation for
second prescribed offence)
32. Section 37Q amended (Period of clamping or confiscation for
third or subsequent prescribed offence)
33. Section 37SA amended (Unlawful interference with clamped
vehicle, &c.)
34. Section 37T amended (Notice of clamping or confiscation to be
given)
35. Section 37Y amended (Application for forfeiture of vehicles)
36. Section 37Z amended (Defence to show no knowledge and
consent)
37. Section 37ZA amended (Powers for enforcing forfeiture order)
2
38. Section 37ZD amended (Unclamping or recovery of vehicle
clamped or confiscated for second or subsequent prescribed
offence)
39. Section 37ZH amended (Disposal of confiscated vehicle)
40. Section 37ZJ amended (Voluntary transfer of ownership of
vehicle to Crown)
41. Section 37ZK substituted
37ZK. Clamped or confiscated vehicle not to be sold or
disposed of
42. Section 38 inserted
38. Taking property not exceeding $500 in value
43. Section 39 amended (Possession of stolen property)
44. Sections 39A and 40 repealed
45. Section 44A amended (False reports to police)
46. Section 47 amended (Interpretation)
47. Section 49 amended (Power of Commissioner of Police to grant
permit)
48. Section 55 amended (Arrest)
49. Section 55A substituted
55A. Names and addresses of offenders
50. Section 57B repealed
51. Section 58A amended (Power to search for liquor)
52. Part VII, Division IV: Heading amended
53. Section 61 amended (Infringement notices)
54. Section 63B amended (Declaration of serious incident site)
55. Section 67A amended (Evidentiary provision)
56. Section 68 amended (Procedure for seized firearms)
PART 3 - FORENSIC PROCEDURES ACT 2000 AMENDED
57. Principal Act
58. Section 3 amended (Interpretation)
PART 4 - LAW OF ANIMALS ACT 1962 AMENDED
59. Principal Act
60. Section 7A inserted
3
7A. Rescue and illegal impounding of distress damage
feasant
PART 5 - REPEAL OF ACT
61. Repeal of Act
4
POLICE OFFENCES AMENDMENT BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
14 November 2013
(Brought in by the Minister for Police and Emergency
Management, the Honourable David James O'Byrne)
A BILL FOR
An Act to amend the Police Offences Act 1935, the Forensic
Procedures Act 2000 and the Law of Animals Act 1962
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 Offences
Amendment Act 2013.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 77] 5
Police Offences Amendment Act 2013
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 firearm:
fireworks means a Type 2 fireworks,
or Type 3 fireworks, within the
meaning of the Explosives
Regulations 2012;
(b) by omitting paragraph (d) from the
definition of sexual offence and
substituting the following paragraph:
(d) an offence under
section 8(1A)(a), section 21 or
section 35(3) of this Act;
5. Section 7 amended (Loiterers, &c.)
Section 7 of the Principal Act is amended as
follows:
*No. 44 of 1935
6
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 5
(a) by inserting in subsection (1)(b) "or an
offence" after "crime";
(b) by inserting in subsection (2) "or an
offence" after "intent to commit a
crime";
(c) by inserting in subsection (2) "or an
offence" after "was to commit a crime";
(d) by omitting subsections (3) and (4) and
substituting the following subsections:
(3) If a police officer has reasonable
grounds to believe that a person is
contravening subsection (1), the
police officer may, using such
force, means and assistance as is
reasonably necessary -
(a) detain and search that
person; and
(b) seize any implement or
instrument found on that
person that the police
officer considers could be
used for an unlawful
purpose or to commit a
crime or an offence.
(4) On conviction of a person of an
offence against subsection (1)(a)
or (b), any implement or
instrument seized under
subsection (3)(b) is forfeited to
the Crown.
7
Police Offences Amendment Act 2013
Act No. of
s. 6 Part 2 - Police Offences Act 1935 Amended
(e) by omitting from subsection (5)
"subsection (1) or (3)" and substituting
"subsection (1)".
6. Section 7A amended (Loitering near children)
Section 7A of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) If a police officer has reasonable grounds
to believe that a person is contravening
subsection (2), the police officer may,
without warrant and using such force,
means and assistance as is reasonably
necessary -
(a) detain and search that person; and
(b) seize any implement or item
found on that person that the
police officer considers may have
been used during the commission
of the offence.
(4) The court may, if it considers any
implement or item that was seized under
subsection (3)(b) may have been used
during the commission of an offence
against subsection (2), order that the
implement or item be forfeited to the
Crown.
(5) The court may make an order against
subsection (4) whether or not the person
8
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 7
is convicted of an offence against
subsection (2).
(6) On conviction of a person of an offence
against subsection (2), any implement or
item seized under subsection (3)(b) is
forfeited to the Crown.
7. Section 7B inserted
After section 7A of the Principal Act, the
following section is inserted in Division I:
7B. Possession of implement or instrument
(1) A person must not have in his or her
possession without lawful excuse any
implement or instrument with intent to
commit a crime or an offence.
(2) If a police officer has reasonable grounds
to believe that a person is contravening
subsection (1), the police officer may,
without warrant and using such force,
means and assistance as is reasonably
necessary -
(a) detain and search that person; and
(b) seize any implement or
instrument found on that person
that the police officer considers
could be used to commit a crime
or an offence.
(3) A person who contravenes subsection (1)
is guilty of an offence and is liable on
9
Police Offences Amendment Act 2013
Act No. of
s. 8 Part 2 - Police Offences Act 1935 Amended
summary conviction to a fine not
exceeding 25 penalty units or
imprisonment for a term not exceeding 6
months.
(4) On conviction of a person of an offence
against subsection (1) any implement or
instrument seized under subsection (2) is
forfeited to the Crown.
(5) In proving under this section an intent to
commit a crime or an offence, it is not
necessary to show that the person
charged was guilty of any particular act
tending to show his or her intent and he
or she may be convicted if, from the
circumstances of the case and for his or
her known character as proved to the
court before which he or she is charged,
it appears to the court that his or her
intent was to commit a crime or an
offence.
8. Section 8 amended (Begging, imposition, &c.)
Section 8(1)(a) of the Principal Act is amended
as follows:
(a) by omitting "alms" and substituting
"money or other financial advantage";
(b) by omitting "a child" and substituting
"another person".
10
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 9
9. Section 10 amended (Disorderly houses)
Section 10 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) ", place
of public resort";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) If a police officer has reasonable
grounds to believe that an offence
against subsection (1A) is being
or has been committed in any
house, shop, room or other
premises, the police officer may -
(a) without warrant and using
such force, means and
assistance as is reasonably
necessary, enter the
house, shop, room or
other premises; and
(b) may direct any person
found at any house, shop,
room or other premises to
leave that house, shop,
room or other premises
and not return for a
specified period of not
less than 12 hours.
(c) by inserting the following subsections
after subsection (4):
11
Police Offences Amendment Act 2013
Act No. of
s. 10 Part 2 - Police Offences Act 1935 Amended
(5) Subsection (2)(b) does not apply
to the owner or tenant of any
house, shop, room or other
premises.
(6) A person who refuses or fails to
comply with a direction from a
police officer under
subsection (2)(b) is guilty of an
offence and liable to a fine not
exceeding 20 penalty units.
10. Section 12 amended (Prohibited language and
behaviour)
Section 12(1)(d) of the Principal Act is amended
by omitting "with intent or".
11. Section 13 amended (Public annoyance)
Section 13 of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (3):
(3AAA) If a police officer has reasonable
grounds to believe that a person is
contravening or has contravened
subsection (1)(f) or
subsection (2), the police officer
may without warrant and using
such force, means and assistance
as is reasonably necessary -
12
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 12
(a) detain and search that
person; and
(b) seize -
(i) in relation to a
contravention
under
subsection (1)(f),
any firework
found on that
person; and
(ii) in relation to a
contravention of
subsection (2), any
missile found on
that person.
(3AAB) On conviction of a person of an
offence against subsection (1)(f)
or subsection (2) any firework or
missile seized under
subsection (3AAA)(b) is forfeited
to the Crown.
(b) by omitting subsection (5AB).
12. Section 13A amended (Observation or recording in
breach of privacy)
Section 13A of the Principal Act is amended by
omitting subsection (2) and substituting the
following subsections:
13
Police Offences Amendment Act 2013
Act No. of
s. 12 Part 2 - Police Offences Act 1935 Amended
(2) A person who observes or visually
records another person's genital or anal
region, in circumstances where a
reasonable person would expect to be
afforded privacy in relation to that
region, when the observation or visual
recording is made for the purpose of
observing or visually recording the other
person's genital or anal region is guilty
of an offence.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2A) It is a defence to proceedings for an
offence against subsection (2) for the
defendant to provide evidence that the
observation or visual recording was
carried out with the consent of the person
observed or recorded.
(2B) If a police officer has reasonable grounds
to believe that a person is contravening
or has contravened subsection (1) or (2),
the police officer may without warrant
and using such force, means and
assistance as is reasonably necessary -
(a) detain and search that person; and
(b) seize any visual recording, item
or instrument found on that
person that the police officer
considers could be used for
14
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 13
observing or visually recording
contrary to subsection (1) or (2).
(2C) The court may, if it considers any visual
recording, item or instrument that was
seized under subsection (2B)(b) may
have been used during the commission of
an offence against subsection (1) or (2),
order that the visual recording, item or
instrument be forfeited to the Crown.
(2D) The court may make an order under
subsection (2C) whether or not the
person is convicted of an offence against
subsection (1) or (2).
(2E) On conviction of a person of an offence
against subsection (1) or (2), any visual
recording, item or instrument seized
under subsection (2B)(b) is forfeited to
the Crown.
13. Section 13B amended (Publishing or distributing
prohibited visual recording)
Section 13B of the Principal Act is amended as
follows:
(a) by inserting the following subsections
after subsection (1):
(1A) If a police officer has reasonable
grounds to believe that a person is
contravening or has contravened
subsection (1), the police officer
may without warrant and using
15
Police Offences Amendment Act 2013
Act No. of
s. 13 Part 2 - Police Offences Act 1935 Amended
such force, means and assistance
as is reasonably necessary -
(a) detain and search that
person; and
(b) seize any prohibited
visual recording, item or
instrument found on that
person that the police
officer considers could be
used for publishing or
distributing contrary to
subsection (1).
(1B) The court may, if it considers any
prohibited visual recording, item
or instrument that was seized
under subsection (1A)(b) may
have been used during the
commission of an offence against
subsection (1), order that the
prohibited visual recording, item
or instrument be forfeited to the
Crown.
(1C) The court may make an order
under subsection (1B) whether or
not the person is convicted of an
offence against subsection (1).
(1D) On conviction of a person of an
offence against subsection (1),
any prohibited visual recording,
item or instrument seized under
16
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 14
subsection (1A)(b) is forfeited to
the Crown.
(b) by inserting the following definition after
the definition of distribute in subsection
(2):
genital or anal region, of a person,
has the same meaning as in
section 13A;
14. Section 13C amended (Possession of prohibited
visual recording)
Section 13C of the Principal Act is amended by
inserting after subsection (1) the following
subsections:
(1A) If a police officer has reasonable grounds
to believe that a person is contravening
subsection (1), the police officer may,
without warrant and using such force,
means and assistance as is reasonably
necessary -
(a) detain and search that person; and
(b) seize any prohibited visual
recording found on that person or
any item or instrument found on
that person that the police officer
considers could be used for
storing a prohibited visual
recording.
17
Police Offences Amendment Act 2013
Act No. of
s. 15 Part 2 - Police Offences Act 1935 Amended
(1B) The court may, if it considers any
prohibited visual recording that was
seized under subsection (1A)(b) may
have been used during the commission of
an offence against subsection (1), order
that the prohibited visual recording be
forfeited to the Crown.
(1C) The court may make an order under
subsection (1B) whether or not the
person is convicted of an offence against
subsection (1).
(1D) On conviction of a person of an offence
against subsection (1), any prohibited
visual recording seized under
subsection (1A)(b) is forfeited to the
Crown.
15. Section 14B amended (Unlawful entry on land)
Section 14B of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(a) "10"
and substituting "50";
(b) by omitting from subsection (2)(b) "5"
and substituting "25";
(c) by omitting from subsection (2C)
"Minister" and substituting
"Commissioner";
(d) by omitting subsection (5) and
substituting the following subsection:
18
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 16
(5) If a police officer has reasonable
grounds to believe that a person is
contravening subsection (1), the
police officer may without
warrant and using such force,
means and assistance as is
reasonably necessary -
(a) detain and search that
person; and
(b) seize any firearm found
on that person.
16. Sections 15 and 15A repealed
Sections 15 and 15A of the Principal Act are
repealed.
17. Section 18 amended (Discharge of distress signals)
Section 18(1) of the Principal Act is amended by
inserting "or electronic device" after "flare" in
the definition of distress signal.
18. Section 19A amended (Sports venues)
Section 19A of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
19
Police Offences Amendment Act 2013
Act No. of
s. 18 Part 2 - Police Offences Act 1935 Amended
(1) A person must not enter the
reserved area of a sports venue
without lawful excuse.
(b) by omitting from subsection (1A) "fails
to leave" and substituting "enters";
(c) by omitting from subsection (1A)
"ground" and substituting "venue";
(d) by omitting from subsection (1A)(c)
"conducted -" and substituting
"conducted.";
(e) by omitting from subsection (1A) "when
requested to do so by that police
officer.";
(f) by omitting from subsection (1B)
"subsection (1)" and substituting
"subsection (1A)";
(g) by omitting from subsection (1B)(a)
"ground is or will be" and substituting
"venue is, will be or has been";
(h) by omitting "ground" from the definition
of reserved area in subsection (2) and
substituting "venue";
(i) by omitting the definition of sports
ground from subsection (2) and
substituting the following definition:
sports venue means a public place to
which the public are admitted,
whether on payment or otherwise,
20
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 19
to view a game or sport played or
conducted on the reserved area of
that sports venue.
19. Section 20AA repealed
Section 20AA of the Principal Act is repealed.
20. Section 21A substituted
Section 21A of the Principal Act is repealed and
the following section is substituted:
21A. Unlawfully administering drug, &c.
(1) Any person who, without lawful and
reasonable excuse, administers or causes
another person to take, without that
person's consent, any drug, liquor or
other thing which is likely to impair the
consciousness or bodily function of the
other person is guilty of an offence.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
(2) If a police officer has reasonable grounds
to believe that a person is contravening
or has contravened subsection (1), the
police officer may without warrant and
using such force, means and assistance as
is reasonably necessary -
(a) detain and search that person; and
21
Police Offences Amendment Act 2013
Act No. of
s. 21 Part 2 - Police Offences Act 1935 Amended
(b) seize any drug, liquor or other
thing found on the person that the
police officer believes is likely to
impair the consciousness or
bodily function of another person.
(3) The court may, if it considers any drug,
liquor or other thing that was seized
under subsection (2)(b) may have been
used during the commission of an
offence against subsection (1), order that
the drug, liquor or other thing be
forfeited to the Crown.
(4) The court may make an order under
subsection (3) whether or not the person
is convicted of an offence against
subsection (1).
(5) On conviction of a person of an offence
against subsection (1), any drug, liquor
or other thing seized under
subsection (2)(b) is forfeited to the
Crown.
21. Section 34B amended (Resistance to, and
obstruction of, public officers prohibited)
Section 34B of the Principal Act is amended as
follows:
(a) by omitting from subsection (1A) "50"
and substituting "100";
(b) by omitting from subsection (1A) "2"
and substituting "3";
22
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 21
(c) by inserting in subsection (2)(a) "or an
emergency service worker" after
"officer";
(d) by omitting from subsection (2A) "25"
and substituting "50";
(e) by omitting from subsection (2A) "12
months" and substituting "2 years";
(f) by omitting subsection (4) and
substituting the following subsection:
(4) In this section -
emergency service worker
means -
(a) a person employed
or appointed under
the Fire Service
Act 1979; or
(b) a person employed
or appointed under
the Ambulance
Service Act 1982;
or
(c) an emergency
management
worker referred to
in paragraph (a),
(b), (c) or (d) of
the definition of
emergency
management
23
Police Offences Amendment Act 2013
Act No. of
s. 21 Part 2 - Police Offences Act 1935 Amended
worker in section
3 of the
Emergency
Management Act
2006; or
(d) an emergency
management
worker referred to
in paragraph (e) of
the definition of
emergency
management
worker in section
3 of the
Emergency
Management Act
2006 in relation
to -
(i) an authorised
use of
emergency
powers under
section 40 of
the
Emergency
Management
Act 2006; or
(ii) a declared
state of
emergency
under section
42 of the
Emergency
24
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 22
Management
Act 2006;
public officer includes any
person acting in good
faith in the execution, or
intended execution, of an
Act or a public duty or
authority.
22. Section 35 amended (Common assault and
aggravated assault)
Section 35(5) of the Principal Act is amended by
omitting "under subsection (3)" and substituting
"against this section".
23. Section 35A inserted
After section 35 of the Principal Act, the
following section is inserted in Part III:
35A. Tattooing, body piercing and body
modification
(1) In this section -
body branding means the process by
which a mark, symbol or pattern
is, by burning or cauterizing,
applied to a person's skin;
body implantation means the
implanting of an object beneath
the skin;
25
Police Offences Amendment Act 2013
Act No. of
s. 23 Part 2 - Police Offences Act 1935 Amended
body modification procedure means -
(a) tattooing; and
(b) body branding; and
(c) body implantation; and
(d) earlobe stretching; and
(e) tongue splitting; and
(f) body scarification; and
(g) any other procedure
prescribed for the
purposes of this
paragraph;
body piercing means the piercing of
part of a person's body to create
one or more holes for the
insertion of an object;
body scarification means the cutting
of a person's skin to encourage
the production of scar tissue;
genitalia includes surgically
constructed genitalia;
guardian, of a youth, means a parent
or legal guardian of the youth;
intimate body piercing means the
piercing of a person's genitalia,
anal region, perineum, nipples or
uvula;
26
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 23
youth means a person who is less than
18 years of age.
(2) This section does not apply to a body
piercing or body modification procedure
performed on a person if the procedure is
performed -
(a) in the course of medical
treatment; or
(b) for a medical or therapeutic
purpose of a kind prescribed by
the regulations.
(3) A person must not perform a body
modification procedure on a youth.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 12 months.
(4) A person must not perform -
(a) an intimate body piercing on a
youth; or
(b) any other body piercing on a
youth without the youth's
guardian being present at the time
of the body piercing being carried
out.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 12 months.
27
Police Offences Amendment Act 2013
Act No. of
s. 23 Part 2 - Police Offences Act 1935 Amended
(5) Subsection (4)(b) does not apply if the
youth on whom the body piercing is to be
performed is at least 16 years old.
(6) It is a defence to a charge of an offence
against subsection (3) or (4)(a) to prove
that -
(a) the defendant, or some person
acting on behalf of the defendant,
required the youth to produce
evidence in writing of his or her
age; and
(b) the youth made a false statement,
or produced false evidence, in
response to that requirement; and
(c) in consequence, the defendant
reasonably believed that the
youth was of or above the
requisite age.
(7) It is a defence to a charge of an offence
against subsection (4)(b) to prove that -
(a) the defendant, or some person
acting on behalf of the defendant,
required the youth, or another
person, to produce evidence in
writing of his or her age; or
(b) the youth, or another person,
made a false statement, or
produced false evidence, in
response to that requirement; and
28
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 24
(c) in consequence, the defendant
reasonably believed that the
youth was of or above the
requisite age.
(8) A person who seeks to rely on the
defence in subsection (6) must, in order
to rely on the defence, produce the
identifying details, or a copy, of the
evidence offered at the time of the
alleged offence.
24. Section 37 amended (Offences relating to property)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting subsection (4);
(b) by omitting from subsection (5)
"subsection (4) or (4A)" and substituting
"subsection (4A)";
(c) by inserting the following subsection
after subsection (5):
(6) A complaint made for the
purposes of the Justices Act 1959
in relation to an offence against
subsection (1) is to be made
within 12 months after the date of
the offence.
29
Police Offences Amendment Act 2013
Act No. of
s. 25 Part 2 - Police Offences Act 1935 Amended
25. Sections 37AAA and 37AA inserted
After section 37 of the Principal Act, the
following sections are inserted in Part IV:
37AAA. Interference with war memorials
(1) A person must not interfere with a war
memorial.
Penalty: Fine not exceeding 10 penalty
units or imprisonment for a term
not exceeding 12 months.
(2) In this section -
interfere, with a war memorial,
includes -
(a) destroy, damage, move or
mark it; and
(b) otherwise deal with it in a
way that is likely to cause
offence to a reasonable
person.
(3) A complaint made for the purposes of the
Justices Act 1959 in relation to an
offence against subsection (1) is to be
made within 12 months after the date of
the offence.
37AA. Unlawfully setting fire to property
(1) A person who unlawfully sets fire to any
property, and causes damage to the
property not exceeding $5 000 in value,
30
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 26
is guilty of an offence and is liable on
summary conviction to a fine not
exceeding 100 penalty units or
imprisonment for a term not exceeding 2
years, or both.
(2) In subsection (1) -
property includes all property and
vegetation to which Chapter
XXXI of Part VI of the Criminal
Code applies.
(3) A complaint made for the purposes of the
Justices Act 1959 in relation to an
offence against subsection (1) is to be
made within 12 months after the date of
the offence.
26. Section 37I substituted
Section 37I of the Principal Act is repealed and
the following section is substituted:
37I. Tampering with vehicles
(1) A person must not unlawfully tamper or
interfere with a motor vehicle or trailer.
Penalty: Fine not exceeding 20 penalty
units.
(2) If a police officer has reasonable grounds
to believe that a person is contravening
or has contravened subsection (1), the
police officer may without warrant and
31
Police Offences Amendment Act 2013
Act No. of
s. 27 Part 2 - Police Offences Act 1935 Amended
using such force, means and assistance as
is reasonably necessary -
(a) detain and search that person; and
(b) seize any tools, equipment or
materials found on that person
that the police officer believes
have been used in the
commission of the offence.
(3) On conviction of a person of an offence
against subsection (1), any tools,
equipment or materials seized under
subsection (2)(b) are forfeited to the
Crown.
27. Section 37J amended (Excessive noise, smoke, &c.,
from vehicles)
Section 37J(1)(b) of the Principal Act is
amended by omitting "exhibition" and
substituting "unnecessary execution".
28. Section 37K amended (Interpretation of Division)
Section 37K(1) of the Principal Act is amended
as follows:
(a) by inserting "and its keys" after "a
vehicle" in the definition of confiscated
vehicle;
(b) by inserting "and its keys" after "vehicle"
in the definition of forfeiture order.
32
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 29
29. Section 37N amended (Clamping and confiscation
of vehicles)
Section 37N of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(b) "and its
keys" after "vehicle";
(b) by inserting in subsection (2) "and its
keys" after "confiscate the vehicle";
(c) by inserting in subsection (2) "and the
keys confiscated" after "confiscated";
(d) by inserting in subsection (3)(d) "and its
keys" after "vehicle";
(e) by omitting from subsection (6) "that has
been found by a police officer to have
been";
(f) by inserting in subsection (6)(b) "and its
keys" after "vehicle";
(g) by inserting in subsection (8) "and its
keys" after "that vehicle".
30. Section 37O amended (Period of clamping or
confiscation for first prescribed offence)
Section 37O(1)(b) of the Principal Act is
amended by omitting "found offending in
respect of a prescribed offence by a police
officer" and substituting "proceeded against by
way of complaint under the Justices Act 1959 in
respect of a prescribed offence".
33
Police Offences Amendment Act 2013
Act No. of
s. 31 Part 2 - Police Offences Act 1935 Amended
31. Section 37P amended (Period of clamping or
confiscation for second prescribed offence)
Section 37P(1)(b) of the Principal Act is
amended by omitting "found offending in
respect of a prescribed offence by a police
officer on one occasion" and substituting
"proceeded against by way of complaint under
the Justices Act 1959 in respect of a prescribed
offence on one occasion".
32. Section 37Q amended (Period of clamping or
confiscation for third or subsequent prescribed
offence)
Section 37Q of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(b)
"found offending in respect of a
prescribed offence by a police officer on
2 or more occasions" and substituting
"proceeded against by way of complaint
under the Justices Act 1959 in respect of
a prescribed offence on 2 or more
occasions";
(b) by omitting subsection (2) and
substituting the following subsection:
(2) The vehicle used in connection
with the new prescribed offence
may be clamped or confiscated
until -
34
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 33
(a) the resolution of all
existing charges against
the person for those
prescribed offences; and
(b) the determination of any
forfeiture order made to
the Court under
section 37Y.
33. Section 37SA amended (Unlawful interference with
clamped vehicle, &c.)
Section 37SA of the Principal Act is amended as
follows:
(a) by omitting from subsection (4)
"subsection (3)" and substituting
"subsection (2) or (3)";
(b) by inserting the following subsections
after subsection (5):
(6) The owner of a clamped vehicle
may arrange for the vehicle to be
transported to another location.
(7) If a clamped vehicle is
transported to another location,
the owner of the vehicle must
notify a police officer, within 3
days after the day on which it is
transported to the other location,
of the new location of the vehicle.
35
Police Offences Amendment Act 2013
Act No. of
s. 34 Part 2 - Police Offences Act 1935 Amended
Penalty: Fine not exceeding 10
penalty units.
34. Section 37T amended (Notice of clamping or
confiscation to be given)
Section 37T of the Principal Act is amended by
inserting after subsection (2) the following
subsections:
(3) A police officer may amend a notice
given under subsection (1) by changing
the authorised period for which a vehicle
is clamped or confiscated -
(a) in relation to a first prescribed
offence, to a period not exceeding
the period specified in
section 37P; and
(b) in relation to a second prescribed
offence, until the resolution of all
existing charges against the
person for the prescribed offences
and the determination of any
forfeiture order made to the Court
under section 37Y.
(4) A police officer is to give the amended
notice to the owner of the vehicle within
14 days of the date on which the notice
was amended.
36
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 35
35. Section 37Y amended (Application for forfeiture of
vehicles)
Section 37Y of the Principal Act is amended by
omitting subsections (2) and (3) and substituting
the following subsections:
(2) A police officer or any person
prosecuting or who prosecuted a
complaint in respect of a prescribed
offence may, on the date of the
conviction or at any time during the 14-
day period immediately following the
date of the conviction, apply to the
Court -
(a) for a forfeiture order in respect of
the vehicle; or
(b) for the imposition of a monetary
penalty not exceeding 100
penalty units on the offending
driver.
(3) If the Court is satisfied that the offending
driver has been convicted of a prescribed
offence on 3 or more occasions, inclusive
of the conviction referred to in
subsection (1)(c), the Court may -
(a) make the forfeiture order; or
(b) impose a monetary penalty not
exceeding 100 penalty units on
the offending driver.
37
Police Offences Amendment Act 2013
Act No. of
s. 36 Part 2 - Police Offences Act 1935 Amended
36. Section 37Z amended (Defence to show no
knowledge and consent)
Section 37Z(1) of the Principal Act is amended
by inserting "or" after "clamped".
37. Section 37ZA amended (Powers for enforcing
forfeiture order)
Section 37ZA of the Principal Act is amended as
follows:
(a) by omitting "under section 37Y(7)";
(b) by omitting "may" first occurring and
substituting "is to".
38. Section 37ZD amended (Unclamping or recovery of
vehicle clamped or confiscated for second or
subsequent prescribed offence)
Section 37ZD of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) A person who fails or refuses to comply
with a condition imposed under
subsection (3) is guilty of an offence and
liable on summary conviction to a fine
not exceeding 20 penalty units.
38
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 39
39. Section 37ZH amended (Disposal of confiscated
vehicle)
Section 37ZH(2)(b) of the Principal Act is
amended by inserting "if the registered operator
can be found" after "operator".
40. Section 37ZJ amended (Voluntary transfer of
ownership of vehicle to Crown)
Section 37ZJ(1) of the Principal Act is amended
by omitting "the end of" and substituting "any
time during".
41. Section 37ZK substituted
Section 37ZK of the Principal Act is repealed
and the following section is substituted:
37ZK. Clamped or confiscated vehicle not to be
sold or disposed of
A person must not -
(a) sell or otherwise dispose of a
clamped or confiscated vehicle;
or
(b) tamper with, interfere with or
alter a clamped or confiscated
vehicle -
during the authorised period of clamping
or confiscation or whilst the vehicle is
subject to a Court order under this Act.
39
Police Offences Amendment Act 2013
Act No. of
s. 42 Part 2 - Police Offences Act 1935 Amended
Penalty: Fine not exceeding 50 penalty
units.
42. Section 38 inserted
Before section 38A of the Principal Act, the
following section is inserted in Part V:
38. Taking property not exceeding $500 in value
(1) Any person who steals anything not
exceeding $500 in value is guilty of an
offence.
Penalty: Fine not exceeding 10 penalty
units or imprisonment for a term
not exceeding 3 months.
(2) Sections 226, 227, 228, 229, 230 and 231
of the Criminal Code apply to an offence
against subsection (1) as if the offence
were the crime of stealing under the
Criminal Code Act 1924.
43. Section 39 amended (Possession of stolen property)
Section 39(1) of the Principal Act is amended by
inserting ", or have had possession or control
of," after "of".
44. Sections 39A and 40 repealed
Sections 39A and 40 of the Principal Act are
repealed.
40
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 45
45. Section 44A amended (False reports to police)
Section 44A of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1AA) A person must not, falsely and
with knowledge of the falsity of
his or her statement, represent to
any person that an act has been
done, or that any circumstances
have occurred, which as so
represented are reasonably likely
to cause that person to notify the
police and it is reasonably likely
that the police will investigate the
act or circumstances.
(b) by omitting from subsection (1A)
"subsection (1)" and substituting
"subsection (1) or (1AA)";
(c) by omitting from subsection (1A) "10"
and substituting "100";
(d) by omitting from subsection (1A) "6"
and substituting "12".
46. Section 47 amended (Interpretation)
Section 47 of the Principal Act is amended by
omitting the definition of accident and
substituting the following definition:
41
Police Offences Amendment Act 2013
Act No. of
s. 47 Part 2 - Police Offences Act 1935 Amended
crash has the same meaning as in the Road
Rules 2009;
47. Section 49 amended (Power of Commissioner of
Police to grant permit)
Section 49(6) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a)(ii)
"accident" and substituting "crash";
(b) by omitting from paragraph (a)(iii)
"accident" and substituting "crash";
(c) by omitting "accident" third occurring
and substituting "crash".
48. Section 55 amended (Arrest)
Section 55 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2D)
"section 13A, 13B, 13C, 21, 21A or 35"
and substituting "section 13A, section
13B, section 13C, section 15CA, section
21, section 21A, section 35,
section 37AA(1), section 37B,
section 37S(1) or (2), section 37SA(2) or
(3), section 37ZC(6) or (7),
section 37ZD(3A) or (4) or section 38";
(b) by omitting subsection (2G).
42
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 49
49. Section 55A substituted
Section 55A of the Principal Act is repealed and
the following section is substituted:
55A. Names and addresses of offenders
(1) If a police officer becomes aware that, or
has reasonable grounds for believing
that, a person has committed or is
committing an offence, the police officer
may require that person to state his or her
name and address.
(2) If a police officer becomes aware that, or
has reasonable grounds for believing
that, a person is likely to commit an
offence against section 15B, the police
officer may require that person to state
his or her name and address.
(3) A person who fails or refuses to comply
with a requirement referred to in
subsection (1) or (2) or, in response to
such a requirement, states a name or
address that is false, is guilty of an
offence and is liable on summary
conviction to a penalty not exceeding 10
penalty units.
(4) A police officer making a requirement
under subsection (1) or (2) may arrest,
without warrant, a person who fails or
refuses to comply with that requirement
or who, in response to the requirement,
gives a name or address that the police
officer has reason to believe is false.
43
Police Offences Amendment Act 2013
Act No. of
s. 50 Part 2 - Police Offences Act 1935 Amended
50. Section 57B repealed
Section 57B of the Principal Act is repealed.
51. Section 58A amended (Power to search for liquor)
Section 58A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
25" and substituting "section 13(1), (2),
(2A), (2B), (2C) or (3), section 25 or
section 26";
(b) by inserting in subsection (3) "in relation
to an offence against section 13(1), (2) or
(3), section 25 or 26" after "subsection
(1)".
52. Part VII, Division IV: Heading amended
Division IV of Part VII of the Principal Act is
amended by omitting "Liquor infringement"
from the heading to that Division and
substituting "Infringement".
53. Section 61 amended (Infringement notices)
Section 61 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "section
25 or section 26" and substituting
"section 12(1)(a), (b), (c) or (d), section
13(1)(a), (b), (c), (d), (e) or (f), (2), (4),
44
Police Offences Amendment Act 2013
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 54
(6) or (7), section 14B, section 15B,
section 15CA(1) or (4), section 16(1) or
(2), section 19A(1), section 25(2) or (3),
section 37G(1), section 37GA(3), section
37JA, section 38(1), section 41, section
48, section 49AB(1) or (8) or section
49B";
(b) by omitting from subsection (1) "liquor"
and substituting "an";
(c) by omitting from subsection (2) "A
liquor" and substituting "An".
54. Section 63B amended (Declaration of serious
incident site)
Section 63B of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "An
officer" and substituting "A police
officer";
(b) by omitting from subsection (9) "crime
scene" and substituting "serious incident
site".
55. Section 67A amended (Evidentiary provision)
Section 67A of the Principal Act is amended by
omitting "section 25" and substituting
"section 13(2A), (2B) or (2C), section 25 or
section 26".
45
Police Offences Amendment Act 2013
Act No. of
s. 56 Part 2 - Police Offences Act 1935 Amended
56. Section 68 amended (Procedure for seized firearms)
Section 68 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3)(b)(ii)
"Minister" and substituting
"Commissioner";
(b) by omitting from subsection (3)(c)(ii)
"Minister" and substituting
"Commissioner";
(c) by omitting from subsection (3)(d)
"Minister" and substituting
"Commissioner";
(d) by omitting from subsection (4)(b)(ii)
"Minister" and substituting
"Commissioner";
(e) by omitting from subsection (4)(c)(ii)
"Minister" and substituting
"Commissioner".
46
Police Offences Amendment Act 2013
Act No. of
Part 3 - Forensic Procedures Act 2000 Amended s. 57
PART 3 - FORENSIC PROCEDURES ACT 2000
AMENDED
57. Principal Act
In this Part, the Forensic Procedures Act 2000*
is referred to as the Principal Act.
58. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "section 13A, 13B, 13C, 21, 21A, 34B,
35, 37, 37B or 39 of the Police Offences Act
1935" from paragraph (b) of the definition of
serious offence and substituting "section 13A,
13B , 13C, 21, 21A, 34B, 35, 37, 37AA(1), 37B,
38(1) or 39 of the Police Offences Act 1935".
*No. 101 of 2000
47
Police Offences Amendment Act 2013
Act No. of
s. 59 Part 4 - Law of Animals Act 1962 Amended
PART 4 - LAW OF ANIMALS ACT 1962 AMENDED
59. Principal Act
In this Part, the Law of Animals Act 1962* is
referred to as the Principal Act.
60. Section 7A inserted
After section 7 of the Principal Act, the
following section is inserted in Part II:
7A. Rescue and illegal impounding of distress
damage feasant
A person who -
(a) impounds or detains any animal
unlawfully; or
(b) rescues any animal impounded or
seized for the purpose of
impounding -
as a distress damage feasant is guilty of
an offence and is liable on summary
conviction to a penalty not exceeding 3
penalty units.
*No. 70 of 1962
48
Police Offences Amendment Act 2013
Act No. of
Part 5 - Repeal of Act s. 61
PART 5 - REPEAL OF ACT
61. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
Government Printer, Tasmania 49