AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 34B

Division VII - Offences against public authority Resistance to, and obstruction of, public officers prohibited

(1)  A person shall not –
(a) assault, resist, or wilfully obstruct –
(i) a police officer in the execution of his duty;
(ii) a person lawfully assisting a police officer in the execution of his duty; or
(iii) a person lawfully arresting another person;
(b) threaten, intimidate, or use abusive language to any such police officer whilst in the performance or execution of his duty or a person assisting a police officer therein; or
(c) instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.
(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 100 penalty units or to imprisonment for a term not exceeding 3 years.
(2)  A person shall not –
(a) assault, resist, intimidate, or wilfully obstruct a public officer or an emergency service worker in the execution of his duty, or lawfully performing a duty imposed on him by an Act, or in the exercise of a public duty or authority;
(b) threaten or use abusive language to any such person so acting; or
(c) instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.
(2A)  A person who contravenes a provision of subsection (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.
(3)  A police officer may arrest without warrant any person committing an offence against subsection (1) or (2) (a) .
(4)  In this section –
emergency service worker means  –
(a) a person employed or appointed under the Fire Service Act 1979 ; or
(b) a person employed or appointed under the Ambulance Service Act 1982 ; or
(c) an emergency management worker referred to in paragraph (a), (b), (c) or (d) of the definition of emergency management worker in section 3 of the Emergency Management Act 2006 ; or
(d) an emergency management worker referred to in paragraph (e) of the definition of emergency management worker in section 3 of the Emergency Management Act 2006 in relation to –
(i) an authorised use of emergency powers under section 40 of the Emergency Management Act 2006 ; or
(ii) a declared state of emergency under section 42 of the Emergency Management Act 2006 ;
public officer includes any person acting in good faith in the execution, or intended execution, of an Act or a public duty or authority.


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