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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
POLICE OFFENCES AMENDMENT BILL 2007
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - POLICE OFFENCES ACT 1935 AMENDED
3. Principal Act
4. Section 7 amended (Loiterers, &c.)
5. Sections 13A, 13B, 13C and 13D inserted
13A. Observation or recording in breach of privacy
13B. Publishing or distributing prohibited visual recording
13C. Possession of prohibited visual recording
13D. Persons who are not criminally responsible for an
offence under section 13A or 13B
6. Section 18 inserted
18. Discharge of distress signals
7. Part II, Divisions III and IIIA inserted
Division III - Fortifications
20A. Interpretation
20B. Fortification warning notice, issue of
20C. Fortification warning notice, contents of
20D. Giving fortification warning notice
20E. Withdrawal notice
20F. Fortification removal notice, issue of
20G. Fortification removal notice, contents of
20H. Giving fortification removal notice
[Bill 42]-I
20I. Fortification removal notice, enforcement of
20J. Review of fortification removal notice
20K. Hindering removal or modification of fortifications
20L. Planning and other approval issues
20M. No compensation for removal or modification of
fortifications
20N. Protection from liability for wrongdoing
Division IIIA - Prohibited behaviour
21. Prohibited behaviour
21A. Unlawfully administering drug, &c.
8. Section 25 amended (Consumption of liquor in streets, &c.)
9. Section 37N amended (Confiscation of vehicles)
10. Section 37O amended (Period of confiscation for first prescribed
offence)
11. Section 37P amended (Period of confiscation for second
prescribed offence)
12. Section 37Q amended (Period of confiscation for third or
subsequent offence)
13. Section 44A amended (False reports to police)
14. Section 47 amended (Interpretation)
15. Section 48 amended (No motor-vehicle race to be held without a
permit)
16. Section 49 amended (Power of Commissioner of Police to grant
permit)
17. Section 55 amended (Arrest)
PART 3 - COMMUNITY PROTECTION (OFFENDER REPORTING)
ACT 2005 AMENDED
18. Principal Act
19. Schedule 1 amended (Class 1 offences)
PART 4 - FORENSIC PROCEDURES ACT 2000 AMENDED
20. Principal Act
21. Section 3 amended (Interpretation)
PART 5 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
22. Principal Act
2
23. Section 14 amended (General liability of Board in respect of
motor accidents)
24. Section 24 amended (Exclusions from scheduled benefits)
25. Section 28B amended (Recovery by Board of scheduled
benefits)
3
4
POLICE OFFENCES AMENDMENT BILL 2007
(Brought in by the Minister for Police and Emergency
Management, the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Police Offences Act 1935, the
Community Protection (Offender Reporting) Act 2005, the
Forensic Procedures Act 2000, the Motor Accidents
(Liabilities and Compensation) Act 1973 and the Parliament
House 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 2007.
2. Commencement
This Act commences on a day to be proclaimed.
[Bill 42] 5
Police Offences Amendment Act 2007
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 7 amended (Loiterers, &c.)
Section 7(3) of the Principal Act is amended by
omitting "any pick-lock key or any implement of
housebreaking or have in his possession any
instrument whatever" and substituting "any
implement or instrument".
5. Sections 13A, 13B, 13C and 13D inserted
After section 13 of the Principal Act, the
following sections are inserted in Division I:
13A. Observation or recording in breach of
privacy
(1) A person who observes or visually
records another person, in circumstances
where a reasonable person would expect
to be afforded privacy -
(a) without the other person's
consent; and
*No. 44 of 1935
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Part 2 - Police Offences Act 1935 Amended s. 5
(b) when the other person -
(i) is in a private place; or
(ii) is engaging in a private
act and the observation or
visual recording is made
for the purpose of
observing or visually
recording a private act -
is guilty of an offence.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(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 -
(a) without the other person's
consent; and
(b) 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.
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Act No. of
s. 5 Part 2 - Police Offences Act 1935 Amended
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(3) In subsection (2) -
"genital or anal region", of a person,
means the person's genital or anal
region when that region is
covered only by underwear or
bare.
13B. Publishing or distributing prohibited visual
recording
(1) A person who publishes or distributes a
prohibited visual recording of another
person having reason to believe it to be a
prohibited visual recording, without
lawful and reasonable excuse (proof of
which lies on the first-mentioned
person), is guilty of an offence.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) In this section -
"distribute" includes -
(a) communicate, exhibit,
send, supply or transmit
to someone, whether to a
particular person or not;
and
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 5
(b) make available for access
by someone, whether by a
particular person or not;
and
(c) enter into an agreement or
arrangement to do
anything mentioned in
paragraph (a) or (b); and
(d) attempt to distribute;
"prohibited visual recording" of
another person means -
(a) a visual recording of the
person in a private place
or engaging in a private
act made in circumstances
where a reasonable adult
would expect to be
afforded privacy; or
(b) a visual recording of the
person's genital or anal
region, when it is covered
only by underwear or
bare, made in
circumstances where a
reasonable adult would
expect to be afforded
privacy in relation to that
region.
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Act No. of
s. 5 Part 2 - Police Offences Act 1935 Amended
13C. Possession of prohibited visual recording
(1) A person who has in his or her
possession a prohibited visual recording
having reason to believe it to be a
prohibited visual recording is guilty of an
offence.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) In this section -
"prohibited visual recording" has
the same meaning as in
section 13B.
13D. Persons who are not criminally responsible
for an offence under section 13A or 13B
(1) A person is not criminally responsible for
an offence under section 13A or 13B if -
(a) the person is, at the time of the
offence, a law enforcement
officer acting in the course of the
person's duties as such an officer;
and
(b) the person's conduct is
reasonable in the circumstances
for the performance of those
duties.
(2) A person is not criminally responsible for
an offence under section 13A or 13B in
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 6
relation to an observation or visual
recording of another person who is in
lawful custody if -
(a) the person is, at the time of the
offence, acting in the course of
the person's duties in relation to
the other person's lawful custody;
and
(b) the person's conduct is
reasonable in the circumstances
for the performance of the duties.
(3) A person is not criminally responsible for
an offence under section 13A or 13B if -
(a) the person is, at the time of the
offence, acting in the course of
the person's occupation or
employment; and
(b) the person's conduct is
reasonable in the circumstances
for the performance of the
occupation or employment.
(4) The onus of proving the matter or thing
referred to in paragraphs (a) and (b) of
subsection (3) lies on the person referred
to in those paragraphs.
6. Section 18 inserted
After section 17 of the Principal Act, the
following section is inserted in Division II:
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Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
18. Discharge of distress signals
(1) In this section -
"distress signal" means a flare that is
normally used to signal distress.
(2) A person must not, without reasonable
excuse, discharge a distress signal.
Penalty: Fine not exceeding 30 penalty
units.
(3) A person is not guilty of an offence
under subsection (2) if the distress signal
was discharged -
(a) for an emergency; or
(b) with the approval of the Marine
and Safety Authority (established
under the Marine and Safety
Authority Act 1997); or
(c) with the approval of a police
officer of or above the rank of
inspector.
7. Part II, Divisions III and IIIA inserted
After section 20AA of the Principal Act, the
following Divisions are inserted in Part II:
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 7
Division III - Fortifications
20A. Interpretation
(1) In this Part -
"fortification" means any structure or
device that, whether alone or as
part of a system, is designed to
prevent or impede, or to provide
any other form of countermeasure
against, uninvited entry to
premises;
"fortification warning notice" means
a fortification warning notice
issued under section 20B;
"heavily fortified" has the meaning
given by subsection (2);
"owner", in relation to premises,
includes a person who the
Commissioner reasonably
believes leases or otherwise
occupies the premises;
"submission" means a submission
made by an owner to the
Commissioner that a fortification
removal notice should not be
issued;
"submission period" has the meaning
given by section 20C(2)(b).
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Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
(2) Premises are heavily fortified if there are,
at the premises, fortifications to an extent
or of a nature that it would be reasonable
to regard as excessive for premises of
that kind.
20B. Fortification warning notice, issue of
(1) The Commissioner may, without giving
notice to any other person, apply to a
magistrate for the issue of a fortification
warning notice.
(2) A magistrate, to whom an application
under subsection (1) is made, may issue a
fortification warning notice if satisfied on
the balance of probabilities that there are
reasonable grounds for suspecting that
the premises to which the application
relates are heavily fortified.
(3) The magistrate may be satisfied by a
statement made by a police officer and
verified by statutory declaration.
20C. Fortification warning notice, contents of
(1) A fortification warning notice is
addressed to the owner of the premises to
which it relates, or each owner if there
are 2 or more, by name.
(2) The notice must contain -
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 7
(a) a brief summary of
section 20B(2), including an
explanation of the terms
"fortification" and "heavily
fortified", and a statement that the
magistrate is satisfied as to the
matters mentioned in that
provision; and
(b) a warning that, unless, within the
period of 14 days after the day on
which the notice is given as
described in section 20D(1) (the
"submission period"), the
Commissioner is satisfied that the
premises are not heavily fortified,
a fortification removal notice may
be issued under section 20F; and
(c) an explanation of how a person
who is an owner can make a
submission to the Commissioner
that a fortification removal notice
should not be issued; and
(d) details of the effect of a
fortification removal notice.
20D. Giving fortification warning notice
(1) A fortification warning notice is to be
given -
(a) by giving it to the owner of the
premises to which it relates; or
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Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
(b) if it appears that any reasonable
attempt to give it as described in
paragraph (a) is unlikely to be
successful, by affixing it to the
front entrance or another part of
the premises where it can be
easily seen.
(2) If the notice is not given as described in
subsection (1) within 14 days after the
magistrate issues it, the notice lapses and
is not to be given at all.
20E. Withdrawal notice
(1) If, before the end of the submission
period for a fortification warning notice
given under section 20D(1), the
Commissioner decides not to issue a
fortification removal notice under
section 20F, the Commissioner is to give
a withdrawal notice to the owner of the
premises to which the fortification
warning notice relates.
(2) The withdrawal notice must identify the
premises, refer to the fortification
warning notice, and state that the
Commissioner has decided not to issue a
fortification removal notice.
(3) The withdrawal notice may be given in
any way in which section 20D permits a
fortification warning notice to be given.
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Part 2 - Police Offences Act 1935 Amended s. 7
20F. Fortification removal notice, issue of
(1) If a fortification warning notice has been
given as described in section 20D(1) and
the submission period has elapsed, the
Commissioner may issue a fortification
removal notice relating to the premises
concerned.
(2) The Commissioner is not to issue the
fortification removal notice unless, after
considering each submission, if any,
made before the submission period
elapsed, the Commissioner reasonably
believes that the premises are heavily
fortified.
(3) A fortification removal notice is not to be
issued if -
(a) a period of more than 28 days has
elapsed since the end of the
submission period; or
(b) the Commissioner has given the
owner of the premises concerned
a withdrawal notice referring to
the fortification warning notice.
20G. Fortification removal notice, contents of
(1) A fortification removal notice referred to
in section 20F must contain -
(a) a statement to the effect that,
within 7 days after the day on
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Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
which the notice is given to the
owner of the premises or any
further period allowed by the
Commissioner, the fortifications
at the premises must be removed
or modified to the extent
necessary to satisfy the
Commissioner that the premises
are no longer heavily fortified;
and
(b) a warning as to the effect of
section 20I; and
(c) an explanation of the right of the
owner to apply to the magistrate
who issued the fortification
warning notice for a review under
section 20J.
(2) The notice may, but need not, include
details as to what would need to be done
before the Commissioner would be
satisfied that the premises are no longer
heavily fortified.
20H. Giving fortification removal notice
(1) A fortification removal notice issued
under section 20F is to be given to the
owner of the premises concerned.
(2) The notice may be given in any way in
which section 20D permits a fortification
warning notice to be given.
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 7
20I. Fortification removal notice, enforcement of
(1) If, after a fortification removal notice is
given under section 20H, the
fortifications at the premises concerned
are not, within the period specified in the
fortification removal notice or any
further period allowed by the
Commissioner, removed or modified to
the extent necessary to satisfy the
Commissioner that the premises are no
longer heavily fortified, the
Commissioner may cause the
fortifications to be removed or modified
to the extent required by the fortification
removal notice.
(2) The Commissioner may extend the
period allowed by the notice if, before
that period elapses, application is made
to the Commissioner for it to be
extended.
(3) The Commissioner under subsection (1)
may authorise police officers together
with such other persons as the police
officers require, without warrant or
further notice, to enter the premises and
secure them in order to do anything for
the purposes of that subsection, and to
use any force and employ any equipment
necessary.
(4) The Commissioner may seize anything
that can be salvaged in the course of
removing or modifying fortifications
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Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
under this section, and may sell or
dispose of it by public auction or public
tender as the Commissioner considers
appropriate.
(5) The proceeds of any sale under
subsection (4) are forfeited to the State
and, to the extent that they are
insufficient to meet the costs incurred by
the Commissioner under this section, the
Commissioner may recover those costs
as a debt due from the owner of the
premises.
20J. Review of fortification removal notice
(1) If a fortification removal notice relating
to premises has been issued under
section 20F, the owner of the premises
may, within 7 days after the day on
which the notice is given to the owner,
apply to the magistrate who issued the
fortification warning notice for a review
of whether, having regard to the
submissions, if any, made before the
submission period elapsed and any other
information that the Commissioner took
into consideration, the Commissioner
could have reasonably held the belief
required by section 20F(2) when issuing
the notice.
(2) The Commissioner may identify as
confidential any information provided to
the magistrate for the purposes of the
20
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 7
review if its disclosure might be
prejudicial to law enforcement, and
information so identified is for the
magistrate's use only and must not be
disclosed to any other person, whether or
not a party to the proceedings, or
publicly disclosed in any way.
(3) An application for review under this
section cannot be made if an application
has previously been made by any person
for the review of the same matter.
(4) When the application for review is made,
the period within which fortifications can
be removed or modified in accordance
with the fortification removal notice is
extended to the seventh day after the day
on which the application for review is
finally disposed of by the magistrate.
(5) The magistrate may decide whether or
not the Commissioner could have
reasonably held the belief required by
section 20F(2) when issuing the notice.
(6) If the magistrate decides that the
Commissioner could not have reasonably
held the belief required by section 20F(2)
when issuing the notice, the notice ceases
to have effect.
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Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
20K. Hindering removal or modification of
fortifications
(1) A person who does anything intending to
prevent, obstruct or delay the removal or
modification of fortifications in
accordance with a fortification removal
notice issued under section 20F is guilty
of an offence.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) Subsection (1) applies to the removal or
modification of fortifications by a person
who -
(a) is, or is acting for or on the
instructions of, the owner; or
(b) is acting under section 20I.
20L. Planning and other approval issues
(1) The powers given by this Division may
be exercised without regard to whether
any statutory or other approval has been
given for the fortifications.
(2) No statutory or other approval is required
for the removal or modification of
fortifications in accordance with a
fortification removal notice issued under
section 20F.
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 7
(3) Subsection (2) applies to the removal or
modification of fortifications by a person
who is acting under section 20I.
20M. No compensation for removal or
modification of fortifications
(1) No claim for compensation lies against a
person for having approved any
fortifications that are, or are required to
be, removed or modified because of a
notice under this Division.
(2) No other claim for compensation arises
because of the exercise of powers under
this Division.
(3) Subsection (2) does not extend to prevent
claims in tort in relation to premises
other than those in respect of which the
fortification removal notice is given
under section 20H.
20N. Protection from liability for wrongdoing
(1) An action in tort does not lie against a
person for damage to property at the
premises that the person causes, in good
faith, in the performance or purported
performance of a function under this
Division.
(2) The Crown is also relieved of any
liability that it might otherwise have had
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Act No. of
s. 7 Part 2 - Police Offences Act 1935 Amended
for a person having caused damage as
described in subsection (1).
(3) The protection given by this section
applies even though the damage was
caused in the course of doing something
that would have been capable of being
done whether or not this Division had
been enacted.
Division IIIA - Prohibited behaviour
21. Prohibited behaviour
A person must not, wilfully and without
reasonable excuse, do any act or behave
in a manner that a reasonable person is
likely to find indecent or offensive in all
the circumstances, if that person knew or
should have known that his or her
conduct was being, or may have been,
viewed by another person.
Penalty: Fine not exceeding 50 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
21A. Unlawfully administering drug, &c.
Any person who, without lawful and
reasonable excuse, administers or causes
another person to take a drug, liquor or
other thing which is likely to impair the
consciousness or bodily function of the
24
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 8
other person without the other person's
consent is guilty of an offence.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 2 years, or both.
8. Section 25 amended (Consumption of liquor in
streets, &c.)
Section 25 of the Principal Act is amended by
inserting after subsection (5) the following
subsection:
(6) Regulations made for the purpose of this
section may provide that a public place
specified in the regulations is to be taken
to be a public place to which this section
applies only during specified periods and
at specified times within those periods
and, where the regulations so provide,
this section applies in relation to that
public place accordingly.
9. Section 37N amended (Confiscation of vehicles)
Section 37N of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsections:
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Act No. of
s. 9 Part 2 - Police Offences Act 1935 Amended
(1) A police officer who finds a
person committing a prescribed
offence involving a vehicle may -
(a) confiscate the vehicle;
and
(b) have the vehicle moved to
a holding yard and held in
accordance with this
Division.
(2) Where a police officer finds a
person committing a prescribed
offence involving a vehicle and
does not confiscate the vehicle at
the time of finding the person
committing the prescribed
offence, a police officer may
confiscate the vehicle, not later
than 10 days after the
commission of the prescribed
offence.
(b) by inserting the following subsections
after subsection (5):
(6) A police officer may, without
warrant and using such
reasonable force or means as is
necessary, enter any place where
the police officer reasonably
suspects that a vehicle that has
been found by a police officer to
have been used in the
commission of a prescribed
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 9
offence may be located, and
confiscate the vehicle and have it
moved to a holding yard and held
in accordance with this Division.
(7) A police officer may only
exercise the authority conferred
by subsection (6) within 10 days
after the commission of the
prescribed offence.
(8) The owner, registered operator or
person having charge of a vehicle
that has been found by a police
officer to have been used in the
commission of a prescribed
offence must, on the demand of
any police officer, take that
vehicle to a place specified by the
police officer.
(9) Where a vehicle has been taken to
a place specified by a police
officer, it is to be held in
accordance with this Division.
(10) Where a vehicle has been taken to
a place specified by a police
officer that is not a holding yard,
it may be taken to a holding yard
and held in accordance with this
Division.
(11) Where any person is alleged to
have committed a prescribed
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Act No. of
s. 9 Part 2 - Police Offences Act 1935 Amended
offence as the driver of any
vehicle -
(a) the owner or registered
operator of the vehicle, on
demand by any police
officer, must give to the
police officer all such
information as the police
officer may require as to
the identity and
whereabouts of the driver
of the vehicle at any time
relevant to the charge; and
(b) if any information so
required is not known to
the owner or registered
operator, he or she must
as soon as possible with
all reasonable diligence
(proof of which lies on
that person) take steps to
obtain the information,
and must report to the
police officer within 7
days, or sooner if
practicable, the result of
the steps so taken; and
(c) upon 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
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 10
of the vehicle, or as to any
fact which may lead to the
identification of the
driver, the person must
give the information to
the police officer.
(12) If any person fails to comply with
subsection (8) or any of the
requirements of subsection (11)
he or she is guilty of an offence.
Penalty: Fine not exceeding 100
penalty units or
imprisonment for a term
not exceeding 12 months,
or both.
10. Section 37O amended (Period of confiscation for
first prescribed offence)
Section 37O of the Principal Act is amended by
omitting "48 hours" and substituting "7 days".
11. Section 37P amended (Period of confiscation for
second prescribed offence)
Section 37P of the Principal Act is amended by
omitting "on one or 2 occasions".
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Act No. of
s. 12 Part 2 - Police Offences Act 1935 Amended
12. Section 37Q amended (Period of confiscation for
third or subsequent offence)
Section 37Q of the Principal Act is amended by
omitting "3 or more occasions" and substituting
"more than 2 occasions".
13. Section 44A amended (False reports to police)
Section 44A of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "or any
person employed in the Department"
after "officer";
(b) by omitting from subsection (2) "by any
police officer".
14. Section 47 amended (Interpretation)
Section 47 of the Principal Act is amended as
follows:
(a) by omitting "person;" from the definition
of "motor-vehicle race" and substituting
"person.";
(b) by omitting the definition of "reliability
trial".
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Act No. of
Part 2 - Police Offences Act 1935 Amended s. 15
15. Section 48 amended (No motor-vehicle race to be
held without a permit)
Section 48(1) of the Principal Act is amended by
omitting "or reliability trial".
16. Section 49 amended (Power of Commissioner of
Police to grant permit)
Section 49 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "or
reliability trial";
(b) by omitting from subsection (1)(a) "or
trial";
(c) by omitting from subsection (2) "or
trial";
(d) by omitting subsections (3A), (4) and (5)
and substituting the following
subsections:
(4) No permit granted under this
section authorising the holding of
a motor-vehicle race is of any
effect unless there is in force in
relation to that race a policy of
insurance that complies with the
requirements of this section.
(5) Subject to subsection (6), in order
to comply with the requirements
31
Police Offences Amendment Act 2007
Act No. of
s. 16 Part 2 - Police Offences Act 1935 Amended
of this section a policy of
insurance must be a policy that -
(a) the Motor Accidents
Insurance Board confirms
is issued by an insurer, or
arranged by a broker,
authorised by the
Australian Prudential
Regulation Authority to
provide, or renew,
insurance in Australia;
and
(b) provides for insurance
covering liability in
respect of any person
taking part in the motor-
vehicle race jointly and
each of them severally
(including liability for
costs) that may be
incurred by any such
person, whether jointly
with any other person or
severally -
(i) in respect of the
death or bodily
injury to any
person caused by
or arising out of
the use of a motor-
vehicle which is
competing or
taking part in that
32
Police Offences Amendment Act 2007
Act No. of
Part 2 - Police Offences Act 1935 Amended s. 16
motor-vehicle
race; and
(ii) where the race
takes place on any
public road or
thoroughfare,
insurance covering
damage or injury
to any property
other than a
motor-vehicle
competing or
taking part in a
race arising from
such use.
(e) by omitting from subsection (6)(a)(i)
"$10 000" and substituting "the
prescribed amount";
(f) by omitting from subsection (6)(a)(ii)
"$100 000" and substituting "the
prescribed amount";
(g) by omitting from subsection (6)(a)(iii)
"$100 000" and substituting "the
prescribed amount";
(h) by inserting the following subsection
after subsection (8):
(9) The Motor Accidents Insurance
Board is not liable for any action,
liability, claim or demand in
respect of any act or omission
33
Police Offences Amendment Act 2007
Act No. of
s. 17 Part 2 - Police Offences Act 1935 Amended
done in good faith under
subsection (5).
17. Section 55 amended (Arrest)
Section 55 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (c) in subsection (1):
(ca) section 20K; or
(b) by omitting from subsection (2D)
"section 35" and substituting
"section 13A, 13B, 13C, 21, 21A or 35".
34
Police Offences Amendment Act 2007
Act No. of
Part 3 - Community Protection (Offender Reporting) Act 2005 Amended s. 18
PART 3 - COMMUNITY PROTECTION (OFFENDER
REPORTING) ACT 2005 AMENDED
18. Principal Act
In this Part, the Community Protection (Offender
Reporting) Act 2005* is referred to as the
Principal Act.
19. Schedule 1 amended (Class 1 offences)
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting after
Section 233BAB Special offences relating to tier 2
goods (if the offence involves
items of child pornography or of
child exploitation material)
the following item:
Criminal Code Act 1995 of the
Commonwealth
Section 474.19 Using a carriage service to
access child pornography
material
*No. 61 of 2005
35
Police Offences Amendment Act 2007
Act No. of
s. 19 Part 3 - Community Protection (Offender Reporting) Act 2005 Amended
Using a carriage service to cause
child pornography material to be
transmitted
Using a carriage service to
transmit child pornography
material
Using a carriage service to make
child pornography material
available
Using a carriage service to
access child pornography
material
Using a carriage service to
publish or otherwise distribute
child pornography material
Section 474.20 Possessing child pornography
material for use through a
carriage service
Producing child pornography
material for use through a
carriage service
Supplying child pornography
material for use through a
carriage service
Obtaining child pornography
material for use through a
carriage service
36
Police Offences Amendment Act 2007
Act No. of
Part 3 - Community Protection (Offender Reporting) Act 2005 Amended s. 19
Section 474.22 Using a carriage service to
access child abuse material
Using a carriage service to cause
child abuse material to be
transmitted
Using a carriage service to
transmit child abuse material
Using a carriage service to make
child abuse material available
Using a carriage service to
access child abuse material
Using a carriage service to
publish or otherwise distribute
child abuse material
Section 474.23 Possessing child abuse material
for use through a carriage
service
Producing child abuse material
for use through a carriage
service
Supplying child abuse material
for use through a carriage
service
Obtaining child abuse material
for use through a carriage
service
37
Police Offences Amendment Act 2007
Act No. of
s. 19 Part 3 - Community Protection (Offender Reporting) Act 2005 Amended
Section 474.26 Using a carriage service to
procure persons under 16 years
of age
Section 474.27 Using a carriage service to
"groom" persons under 16 years
of age
(b) by inserting after
Section 8(1A)(a) Exposing person
the following item:
Section 13A Observation or recording in
breach of privacy
Section 13B Publishing or distributing
prohibited visual recording
Section 13C Possession of prohibited visual
recording
38
Police Offences Amendment Act 2007
Act No. of
Part 4 - Forensic Procedures Act 2000 Amended s. 20
PART 4 - FORENSIC PROCEDURES ACT 2000
AMENDED
20. Principal Act
In this Part, the Forensic Procedures Act 2000*
is referred to as the Principal Act.
21. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
omitting "section 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, 21A, 34B,
35, 37, 37B or 39 of the Police Offences Act
1935".
*No. 101 of 2000
39
Police Offences Amendment Act 2007
Act No. of
s. 22 Part 5 - Motor Accidents (Liabilities and Compensation) Act 1973
Amended
PART 5 - MOTOR ACCIDENTS (LIABILITIES AND
COMPENSATION) ACT 1973 AMENDED
22. Principal Act
In this Part, the Motor Accidents (Liabilities and
Compensation) Act 1973* is referred to as the
Principal Act.
23. Section 14 amended (General liability of Board in
respect of motor accidents)
Section 14(4)(a) of the Principal Act is amended
by omitting "(not being a motor vehicle race that
takes place on a beach)".
24. Section 24 amended (Exclusions from scheduled
benefits)
Section 24(1)(d) of the Principal Act is amended
by omitting "(not being a motor vehicle race that
takes place on a beach)".
25. Section 28B amended (Recovery by Board of
scheduled benefits)
Section 28B of the Principal Act is amended by
inserting after subsection (6) the following
subsection:
*No. 71 of 1973
40
Police Offences Amendment Act 2007
Act No. of
Part 5 - Motor Accidents (Liabilities and Compensation) Act 1973 Amended s. 25
(7) The Board may recover from an insurer,
confirmed under section 49(5) of the
Police Offences Act 1935, who issued the
policy of insurance in respect of a motor
vehicle race, any benefits payable to a
person who suffers personal injury from
a motor vehicle accident arising out of,
or in the course of, that motor vehicle
race.
Government Printer, Tasmania 41