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TASMANIA
__________
POLICE OFFENCES AMENDMENT (PROHIBITED
INSIGNIA) BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Sections 6A and 6B inserted
6A. Display of certain insignia, &c., prohibited
6B. Search, seizure and forfeiture of prohibited items
5. Section 55 amended (Arrest)
6. Repeal of Act
[Bill 21]-XI
2
POLICE OFFENCES AMENDMENT (PROHIBITED
INSIGNIA) BILL 2018
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.
SHANE DONNELLY, Clerk of the House
21 August 2018
(Brought in by the Minister for Police, Fire and Emergency
Management, the Honourable Michael Darrel Joseph
Ferguson)
A BILL FOR
An Act to amend the Police Offences Act 1935
Be it enacted by Her 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:
1. Short title
This Act may be cited as the Police Offences
Amendment (Prohibited Insignia) Act 2018.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
[Bill 21] 3
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3. Principal Act
In this Act, the Police Offences Act 1935* is
referred to as the Principal Act.
4. Sections 6A and 6B inserted
After section 6 of the Principal Act, the
following sections are inserted in Division I:
6A. Display of certain insignia, &c., prohibited
(1) In this section -
identified organisation means an
organisation that has been
prescribed under subsection (3);
participant in, in relation to an
organisation, means a person -
(a) who -
(i) has been accepted
as a member of
the organisation,
whether
informally or
through a process
set by the
organisation; and
(ii) has not ceased to
be a member of
_______________________________________________________________
*No. 44 of 1935
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the organisation;
or
(b) who is an honorary
member of the
organisation; or
(c) who is a prospective
member of the
organisation; or
(d) who is an office holder of
the organisation; or
(e) who identifies himself or
herself in any way as
belonging to the
organisation; or
(f) whose conduct in relation
to the organisation would
reasonably lead another
person to consider the
person to be a participant
in the organisation;
prohibited item means any piece of
clothing, jewellery, or other
accessory, that displays -
(a) the name of an identified
organisation; or
(b) the club patch, insignia or
logo of an identified
organisation; or
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Police Offences Amendment (Prohibited Insignia) Act 2018
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(c) any image, symbol,
abbreviation, acronym or
other form of writing that
indicates membership of,
or an association with, an
identified organisation,
including -
(i) the symbol "1%";
and
(ii) the symbol
"1%er"; and
(iii) any image,
symbol,
abbreviation,
acronym or other
form of writing
that is prescribed;
proposed prohibited item, in relation
to an organisation, means an item
that would be a prohibited item if
the organisation were an
identified organisation;
relevant offence means an offence
involving -
(a) a public act of violence to
a person; or
(b) a public act of damage to
property; or
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(c) disorderly, offensive,
threatening or violent
behaviour, in public.
(2) The objects of this section are, as far as
practicable -
(a) to ensure that members of the
public may lawfully use and pass
through public places without
experiencing fear or intimidation
because other persons are visibly
wearing or carrying prohibited
items; and
(b) to reduce the likelihood of public
disorder or acts of violence in
public places.
(3) Regulations may prescribe an
organisation to be an identified
organisation.
(4) Regulations may only prescribe an
organisation to be an identified
organisation on the recommendation of
the Minister.
(5) The Minister may only recommend that
an organisation be prescribed to be an
identified organisation if the Minister is
satisfied, having regard to the advice of
the Commissioner, that the wearing or
carrying of a proposed prohibited item, in
relation to the organisation, by a person
in a public place -
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(a) may cause members of the public
to feel threatened, fearful or
intimidated; or
(b) may otherwise have an undue
adverse effect on the health or
safety of members of the public,
or the amenity of the community,
including by increasing the
likelihood of public disorder or
acts of violence.
(6) In determining whether or not the
regulations ought to prescribe an
organisation under subsection (3), the
Minister must have regard to whether
any person has, while a member of, or a
participant in, the organisation, engaged
in serious criminal activity or committed
a relevant offence of which the person
had been convicted.
(7) A person who is in a public place must
not wear or carry a prohibited item that,
if another person were in the public
place, would be visible to the other
person.
Penalty: In the case of -
(a) a first offence, a fine not
exceeding 20 penalty
units; or
(b) a subsequent offence, a
fine not exceeding 40
penalty units.
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(8) A person who is in or on a vehicle that is
in a public place must not wear or carry a
prohibited item that, if another person
were in the public place, would be visible
to the other person.
Penalty: In the case of -
(a) a first offence, a fine not
exceeding 20 penalty
units; or
(b) a subsequent offence, a
fine not exceeding 40
penalty units.
(9) It is a defence to proceedings for an
offence against subsection (7) or (8) for
the defendant to provide evidence that -
(a) the defendant engaged in the
conduct that is alleged to
constitute the offence for a
genuine artistic, educational,
legal or law enforcement purpose;
and
(b) the defendant's conduct was, in
the circumstances, reasonable for
that purpose.
6B. Search, seizure and forfeiture of prohibited
items
(1) If a police officer has reasonable grounds
to believe that a person who is in a public
place is contravening, or has
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contravened, section 6A(7) or (8), the
police officer may, using such force,
means and assistance as is reasonably
necessary -
(a) detain that person and search the
person, including any clothing of
the person; and
(b) stop and detain any vehicle in or
on which the person is, or was
when the provision was being
contravened, and search the
vehicle and any container found
in or on the vehicle; and
(c) seize any item, found during a
search under this subsection, that
the police officer is of the opinion
is a prohibited item within the
meaning of section 6A(1).
(2) On conviction of a person of an offence
against section 6A(7) or (8), any
prohibited item, within the meaning of
section 6A(1), to which the offence
relates that is lawfully in the possession
of the Crown is forfeited to the Crown.
5. Section 55 amended (Arrest)
Section 55(2D) of the Principal Act is amended
by inserting "section 6A(7) or (8)," after
"under".
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6. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 11