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This is a Bill, not an Act. For current law, see the Acts databases.


POLICE OFFENCES AMENDMENT BILL 96 OF 2003

                                      TASMANIA


                                      __________



                   POLICE OFFENCES AMENDMENT BILL
                                2003

                                      __________


                                     CONTENTS
              1.    Short title
              2.    Commencement
              3.    Principal Act
              4.    Section 3 amended (Interpretation)
              5.    Section 34B amended (Resistance to, and obstruction of,
                    public officers prohibited)
              6.    Section 35 amended (Common assault and aggravated
                    assault on females and children)
              7.    Section 43 amended (Finding property)
              8.    Section 55 amended (Arrest)
              9.    Police Offences Amendment (Public Drunkenness) Act
                    2000 repealed




[Bill 96]-I

 


 

2

 


 

POLICE OFFENCES AMENDMENT BILL 2003 (Brought in by the Minister for Police and Public Safety, the Honourable David Edward Llewellyn) A BILL FOR An Act to amend the Police Offences Act 1935 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: Short title 1. This Act may be cited as the Police Offences Amendment Act 2003. Commencement 2. This Act commences on the day on which this Act receives the Royal Assent. Principal Act 3. In this Act, the Police Offences Act 1935* is referred to as the Principal Act. *No. 44 of 1935 [Bill 96] 3

 


 

s. 4 No. Police Offences Amendment 2003 Section 3 amended (Interpretation) 4. Section 3(1) of the Principal Act is amended by omitting ", the Postmaster-General," from the definition of "public authority". Section 34B amended (Resistance to, and obstruction of, public officers prohibited) 5. Section 34B of the Principal Act is amended as follows: (a) by omitting from subsection (1A) "10" and substituting "50"; (b) by omitting from subsection (1A) "12 months" and substituting "2 years"; (c) by omitting from subsection (2A) "5" and substituting "25"; (d) by omitting from subsection (2A) "6" and substituting "12". Section 35 amended (Common assault and aggravated assault on females and children) 6. Section 35 of the Principal Act is amended as follows: (a) by omitting from subsection (1A) "5" and substituting "20"; (b) by omitting from subsection (1A) "6" and substituting "12"; (c) by omitting from subsection (2) "10" and substituting "50"; 4

 


 

2003 Police Offences Amendment No. s. 7 (d) by inserting in subsection (2) "for a term not exceeding 2 years" after "imprisonment"; (e) by omitting from subsection (3) "20" and substituting "50"; (f) by inserting in subsection (3) "for a term not exceeding 2 years" after "imprisonment". Section 43 amended (Finding property) 7. Section 43 of the Principal Act is amended as follows: (a) by inserting in subsection (4) "or a police officer of or above the rank of inspector" after "a justice"; (b) by inserting in subsection (6) "or a police officer of or above the rank of inspector" after "satisfies a justice". Section 55 amended (Arrest) 8. Section 55 of the Principal Act is amended as follows: (a) by omitting from subsection (2B) "land without the consent of its owner or occupier or the person in charge of it" and substituting "any land, building, structure, premises, aircraft, vehicle or vessel without the consent of the owner, occupier or person in charge of the land, building, structure, premises, aircraft, vehicle or vessel"; (b) by inserting in subsection (2C)(a) ", building, structure, premises, aircraft, vehicle or vessel" after "land"; 5

 


 

s. 9 No. Police Offences Amendment 2003 (c) by inserting in subsection (2C)(b) ", building, structure, premises, aircraft, vehicle or vessel" after "land". Police Offences Amendment (Public Drunkenness) Act 2000 repealed 9. The Police Offences Amendment (Public Drunkenness) Act 2000 is repealed. 6 Government Printer, Tasmania

 


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