AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 10

Disorderly houses

(1)  A person occupying or keeping any house, shop, room or other premises shall not–
(a) permit or suffer any breach of the peace or riotous or disorderly conduct therein;
(b) .  .  .  .  .  .  .  .  
(c) .  .  .  .  .  .  .  .  
(d) .  .  .  .  .  .  .  .  
(1A)  A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.
(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) direct any person found at the 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.
(3)  The court before whom any such offender is convicted may further order him to find security, in a sum to be fixed by the court, for his good behaviour for a period not exceeding 12 months, under a penalty not exceeding 2 penalty units, and in the event of such security not being found, may sentence the person offending to imprisonment for a term not exceeding 2 months.
(4)  If any person is found guilty of any such offence a second time, it shall be lawful for the court, on the application of 3 householders, by warrant to order such person to be removed from the premises occupied, or kept by him, and to impose such further penalty on such offender, not exceeding 2 penalty units, as to the court may seem fit.
(5)  Subsection (2)(b) does not apply to the owner or tenant of the 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.



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