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FACT SHEET
POLICE OFFENCES AMENDMENTS BILL 2014
The Government has introduced legislation into Parliament to amend the Police Offences Act 1935
(the Act), the Forensic Procedure Act 2000 and the Law of Animals Act 1962.
In 2011, it was determined that a review of the Act was to be conducted to identify areas that
require amendment or repeal to ensure that this legislation is consistent and contemporary with
policy, practice and community standards. This review involved government and public consultation.
The Police Offences Amendment Bill 2014 (the Bill) amends the Police Offences Act 1935 to:
Provide an authority to issue infringement notices for certain offences under the Act.
The types of offences for which infringement notices will be issued are classified as minor
summary offences. The amendments provide another option for police officers to deal
with existing offences. If appropriate, police officers will still be able to put a person
before a Court or a person issued with an infringement notice can have the matter
determined by a Court.
Insert a summary offence for unlawfully setting fire to property or vegetation that does
not exceed damage to the value of $5000;
Provide for a consequential amendment to the Forensic Procedures Act 2000 to include
the new offence of unlawfully setting fire to property and vegetation in the definition of
`serious offence' to allow for forensic material to be obtained from offenders.
Create legislation to regulate tattooing, piercing and body modifications for youth. In
2001, the Police Offences Act 1935 was amended to decriminalise the tattooing of
youths. The legislation will provide for an offence for a person to perform a body
modification on a youth (a person aged less than 18 years of age). It also creates an
offence for a person to perform an intimate body piercing on a youth or an offence for a
person to perform any other body piercing on a youth, unless the youth is aged at least
16 years old, without the youth's guardian being present whilst the body piercing is being
carried out. There are some defences to performing piercings or body modifications on
a youth to safe guard the industry.
Extend the offence of false report to police to include situations where a report is made
to any person, and the circumstances of such report are likely to be investigated by
police. This section has been amended to ensure that where a report is made to any
person and the circumstances of such report are likely to be investigated by police, then
action can be taken if it is found to be false.
2
Introduce a specific offence for `interfering with a war memorial or war memorial area'.
The word `interfere' means destroy, damage, move or mark it; and otherwise deal with it
in a way that is likely to cause offence to a reasonable person.
Improve existing legislation to ensure that is consistent and contemporary with policy,
practice and community standards.
Repeal of certain sections of the Act which are no longer relevant in today's society.
Increase penalties where current penalties are inadequate.
Provide a consequential amendment to the Law of Animals Act 1962 to allow s20AA to
be removed from the Police Offences Act 1935 and inserted within the Law of Animals
Act 1962.
Regulations will be drafted once the legislation has passed to provide for procedures for implementing
some of the substantive provisions of the Bill such as penalties for the new infringement notice
offences. The Bill will become law on a date to be proclaimed.