AustLII Tasmanian Numbered Acts

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POLICE OFFENCES AMENDMENT ACT (NO. 2) 2001 (NO. 86 OF 2001) - SECT 11

Sections 15D, 15E and 16 substituted

Section 15D, 15E and 16 of the Principal Act are repealed and the following sections are substituted:

15B.     Dispersal of persons

(1)  A police officer may direct a person in a public place to leave that place and not return for a specified period of not less than 4 hours if the police officer believes on reasonable grounds that the person –
(a) has committed or is likely to commit an offence; or
(b) is obstructing or is likely to obstruct the movement of pedestrians or vehicles; or
(c) is endangering or likely to endanger the safety of any other person; or
(d) has committed or is likely to commit a breach of the peace.
(2)  A person must comply with a direction under subsection (1) .
Penalty:  Fine not exceeding 2 penalty units.

15C.     Dangerous articles

(1)  A person, without lawful excuse, must not have possession of, or carry or use, a dangerous article in a public place.
Penalty:  Fine not exceeding 10 penalty units.
(2)  A police officer may stop, detain and search, without a warrant, any person in a public place whom the police officer reasonably believes has possession of, or carries, any dangerous article without lawful excuse.
(3)  A police officer may seize and detain any dangerous article found.
(4)  A lawful excuse excludes self-defence but includes the following:
(a) the pursuit of a lawful occupation, duty or activity using that dangerous article;
(b) the participation in a lawful sport, recreation or entertainment using that dangerous article;
(c) the lawful collection, display or exhibition of that dangerous article;
(d) the use of that dangerous article for the lawful purpose for which it was intended.
(5)  If a person is convicted or found guilty of an offence under this section, the dangerous article to which the offence relates is forfeited and may be disposed of as the court orders.

16.     Street entertainment

(1)  A person, without a permit issued by the appropriate council, must not continue to provide street entertainment on any day within 100 metres of any premises after being requested on that day by the occupier of those premises or a police officer to cease providing that entertainment.
Penalty:  Fine not exceeding 2 penalty units.
(2)  A police officer may require any person providing street entertainment to cease any conduct that may be a danger to public safety.
(3)  A person must comply with a requirement under subsection (2) .
Penalty:  Fine not exceeding 2 penalty units.



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