Parliament House Act 1962 (TAS)

Parliament House Act 1962

An Act to make better provision for the control of the grounds of Parliament House

[Royal Assent 20 November 1962]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1Short titleThis Act may be cited as the Parliament House Act 1962 . 2Legal position of Parliament House (1)  Parliament House at Hobart and its grounds are domain lands of the Crown set apart for the use of the Parliament of Tasmania. (2)  [Section 2 Subsection (2) substituted by No. 38 of 2009, Sched. 2, Applied:21 Jul 2009] The grounds of Parliament House comprise all that land, surrounding but not including Parliament House, shown as Lot 3 and bounded by a heavy black line on Plan 8497 in the Central Plan Register. (3)  [Section 2 Subsection (3) inserted by No. 38 of 2009, Sched. 2, Applied:21 Jul 2009] A reduced copy of the plan referred to in subsection (2) is set out, by way of illustration only, in Schedule 1 . 3Control of grounds (1)  Control of the grounds of Parliament House is vested in the House Committee created by the Standing Orders of the Houses of Parliament. (2)  Without prejudice to the generality of subsection (1) , in the exercise of such control the House Committee may – (a) appoint a person as controlling officer; and (b) make rules for the conduct of persons in the grounds of Parliament House and for the exclusion therefrom of specified classes of persons and of all or any specified classes of vehicles; and (c) give orders for – (i) the conduct of persons in those grounds; and (ii) the exclusion therefrom of specified persons or classes of person and of all or any specified vehicles or classes of vehicles – on any particular occasion; and (d) delegate by rule or order control of those grounds, including the power to give orders under paragraph (c) , to the controlling officer. 4Grounds not public streets [Section 4 Substituted by No. 38 of 2009, Sched. 2, Applied:21 Jul 2009] No part of the grounds of Parliament House is – (a) a highway; or (b) capable of dedication as a highway by leaving open for public passage or otherwise; or (c) a public street as defined by and for the purposes of the Traffic Act 1925 . 5Power of controlling officer to impound (1)  The controlling officer may on behalf of the Crown exercise in respect of the grounds of Parliament House all the rights of an occupier of land to impound chattels wrongfully on his or her land. (2)  Without limiting the generality of subsection (1) , the controlling officer may immobilize any motor vehicle wrongfully left in the grounds of Parliament House until 10.30 a.m. of the next day on which the offices of the Houses of Parliament are open by – (a) removing some part whereby no permanent damage is done to the vehicle; or (b) chains and padlocks; or (c) a barrier of vehicles or other things – and may if no claim is made for the vehicle by that time cause it to be towed away to some safe place and there kept till the cost of its towing and keeping are paid to the controlling officer. (3)  [Section 5 Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 5 Subsection (3) amended by No. 47 of 1988, s. 4 ]If a vehicle impounded by the controlling officer is deemed by 2 justices in petty sessions to be of no use except for wrecking or scrap, they may, by warrant under their hands, authorize the controlling officer to sell it as they think fit and pay the proceeds of sale, less such amount as they award the controlling officer for his or her expenses, into the Public Account, out of which they may be paid to the owner of the vehicle. 6Offences [Section 6 Subsection (1) amended by No. 47 of 1988, s. 5 ][Section 6 Subsection (3) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 6 Subsection (3) amended by No. 47 of 1988, s. 5 ][Section 6 Subsection (4) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 6 Subsection (4) amended by No. 47 of 1988, s. 5 ] (1)  [Section 6 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person who knowingly contravenes a rule or order made or given under section 3 is guilty of an offence and is liable on summary conviction to a penalty not exceeding 1·5 penalty units. (2)  [Section 6 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who without just cause or reasonable excuse remains in the grounds of Parliament House after being asked to leave by the controlling officer or a person acting under his or her orders is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units. (3)  [Section 6 Subsection (3) amended by No. 55 of 1965, s. 5 ]A person who without just cause or reasonable excuse – (a) parks a vehicle in the grounds of Parliament House; or (b) uses the drive of Parliament House as a thoroughfare between Murray Street and Salamanca Place; or (c) drives a motor vehicle in the grounds of Parliament House dangerously or at more than 20 kilometres per hour – is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2·5 penalty units. (4)  [Section 6 Subsection (4) amended by No. 55 of 1965, s. 5 ]A person who – (a) having unlawfully parked a vehicle in the grounds of Parliament House fails to remove it when asked so to do by the controlling officer or a person acting under his or her orders; or (b) [Section 6 Subsection (4) amended by No. 38 of 2009, Sched. 2, Applied:21 Jul 2009] having been asked within the previous 3 months by the controlling officer or a person acting under his or her orders not to park a vehicle in the grounds of Parliament House, does so park a vehicle – (c) [Section 6 Subsection (4) amended by No. 38 of 2009, Sched. 2, Applied:21 Jul 2009] .  .  .  .  .  .  .  .   is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units. 7Legal proceedings (1)  [Section 7 Subsection (1) amended by No. 47 of 1988, s. 6 ]Complaints under the Justices Act 1959 for offences under this Act shall be made only by the controlling officer. (2)  If after proceedings are commenced under this section a person ceases to be the controlling officer the name of the controlling officer succeeding him or her shall be substituted for his or her name therein, and the proceedings shall be continued in the name of that successor. 8Arrest in certain cases [Section 8 Subsection (2) amended by No. 47 of 1988, s. 7 ] (1)  [Section 8 Subsection (1) amended by No. 47 of 1988, s. 7 ]A person whom the controlling officer or a person acting under his or her orders believes or suspects to have committed an offence under this Act and who refuses to state his or her name and place of abode when required so to do, or in the opinion of the controlling officer or a person acting under his or her orders states a false name or place of abode, may without any other warrant than this Act be apprehended by the controlling officer or the person acting under his or her orders and taken before a justice to be dealt with according to law. (2)  [Section 8 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who when so required refuses to state his or her name and place of abode is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units. 9Evidence [Section 9 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ] (1)  [Section 9 Subsection (1) amended by No. 47 of 1988, s. 8 ]In proceedings in respect of an offence under this Act or on the exercise of a power conferred by section 5 – (a) an allegation in a complaint or other pleading that a specified person is the controlling officer shall be prima facie evidence that he or she is so; and (b) a statement in writing purporting to be signed by the controlling officer shall be prima facie evidence that a specified person was at a specified time acting under the orders of the controlling officer. (2)  [Section 9 Subsection (2) amended by No. 47 of 1988, s. 8 ]The Minister administering the Public Works Construction Act 1880 may at the request of the House Committee mark out by pillars, posts or painted lines any portion of the boundaries of the grounds of Parliament House and such marks shall be prima facie evidence of those boundaries. Schedule 1Plan of Parliament Grounds

Section 2(3)