AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 20D

Official warnings

(1)  A commissioned police officer, if satisfied that it is desirable to do so in furtherance of the objects of this Division, may authorise a convicted offender to be given a notice in writing (an official warning ) specifying that –
(a) another convicted offender, named in the notice, is a convicted offender; and
(b) it is an offence to consort with the convicted offender within 5 years after having been given an official warning in relation to the offender; and
(c) the person may, within 28 days of receiving the notice, request under section 20D(3) of this Act, a review of the decision to authorise the official warning to be given to the person.
(2)  A police officer may, in person, give an official warning to a person to whom the official warning was authorised under subsection (1) to be given.
(3)  A person to whom an official warning has been given under subsection (2) may, within 28 days, by notice to the Commissioner, request a review of the decision to authorise the official warning to be given to the person.
(4)  The Commissioner must, as soon as practicable after receiving from a person a notice under subsection (3) in relation to an official warning, require a police officer, who is of a higher rank than the commissioned police officer who authorised the official warning to be given, to review the decision to authorise the official warning to be given.
(5)  A police officer who is, under subsection (4) , required by the Commissioner to review a decision to authorise an official warning to be given must, as soon as practicable, review the decision.
(6)  A police officer must, as soon as practicable after carrying out, in accordance with subsection (5) , a review of a decision to authorise an official warning to be given to a person, give to the person –
(a) a notice in writing –
(i) specifying that the police officer has conducted a review of the decision to authorise the giving of an official warning to the person; and
(ii) specifying that the police officer is of the opinion that the decision to authorise the giving of the official warning was appropriate; and
(iii) advising the person that the person may, within 28 days of receiving the notice, apply to a magistrate under section 20E(1) for a review of the decision to authorise the giving of the official warning; or
(b) a notice in writing –
(i) specifying that the police officer has conducted a review of the decision to authorise the giving of an official warning to the person; and
(ii) revoking the official warning.



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