Police Miscellaneous Amendments Act (No. 2) 2009 (TAS)

Police Miscellaneous Amendments Act (No. 2) 2009

An Act to amend the Police Offences Act 1935 and the Police Powers (Vehicle Interception) Act 2000

[Royal Assent 6 November 2009]

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:

PART 1Preliminary1Short titleThis Act may be cited as the Police Miscellaneous Amendments Act (No. 2) 2009 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Police Offences Act 1935 Amended3Principal ActIn this Part, the Police Offences Act 1935 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of liquor infringement notice : motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ; (b) by inserting the following definition after the definition of public place : public street has the same meaning as in the Traffic Act 1925 ; (c) by inserting the following definition after the definition of town : trailer has the same meaning as in the Vehicle and Traffic Act 1999 ; 5Section 25 amended (Consumption of liquor in streets, &c.) Section 25 of the Principal Act is amended by omitting subsection (1) . 6Section 37A amended (Interpretation) Section 37A of the Principal Act is amended by omitting the definition of motor vehicle and substituting the following definition: owner, when used in reference to a motor vehicle or trailer, means – (a) a person registered in the record of motor vehicles and trailers kept in accordance with section 41 of the Vehicle and Traffic Act 1999 as the owner of the motor vehicle or trailer; or (b) a person who is a joint owner or part owner of the motor vehicle or trailer –and includes – (c) any other person who has the use of the motor vehicle or trailer under a lease or hire-purchase agreement; and (d) a person to whom the motor vehicle or trailer has been sold or otherwise disposed of by a previous registered owner who has complied with the relevant provisions of the Vehicle and Traffic Act 1999 ; and (e) a person who a police officer reasonably believes is the owner of the motor vehicle or trailer; 7Sections 37G , 37GA and 37GB insertedAfter section 37F of the Principal Act , the following sections are inserted in Division 1: 37GRequirement of owner or registered operator to provide details (1)  Where a person is alleged to have committed an offence against any State or Commonwealth legislation as the driver or an occupant of a motor vehicle, the owner or registered operator of the motor vehicle, on demand by a police officer, must give to the officer all such information as the officer requires as to the identity and whereabouts of the driver or any occupant of the vehicle at any time relevant to the charge.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A demand for information may be made orally or by a notice of demand served in accordance with section 37GA . (3)  If a demand is made orally, a police officer is to serve a notice of demand in accordance with section 37GA as soon as practicable after making the demand. (4)  If any information required under subsection (1) is not known to the owner or registered operator, he or she must take all reasonable steps to obtain that information, and must report to a police officer within 7 days the result of the steps so taken.

Penalty:  Fine not exceeding 50 penalty units.

37GANotice of demand (1)  A police officer may serve a notice of demand on the owner or registered operator of a motor vehicle if the police officer is satisfied that the driver or an occupant of that motor vehicle has committed an offence. (2)  A notice of demand is to – (a) indicate the offence to which it relates; and (b) specify the registration number of the motor vehicle that was involved in the offence; and (c) specify that the owner or registered operator is to provide to a police officer, within 7 days after the owner or registered operator is served with the notice, a statutory declaration stating – (i) the name, address and, if known, the date of birth and driver licence number of the driver or occupant of the motor vehicle at the time the offence was committed; or (ii) if the owner or registered operator does not know the details referred to in subparagraph (i)  – (A) any information that may lead to the identification of the driver or occupant of the motor vehicle; or (B) the reasonable steps that the owner or registered operator has taken to obtain such information. (3)  An owner or registered operator must comply with the notice of demand.

Penalty:  Fine not exceeding 50 penalty units.

37GBStatutory declaration naming driver or occupant of vehicle A statutory declaration provided under section 37GA(2)(c) and naming the driver or an occupant of the motor vehicle at the time of the offence is prima facie evidence that the person so named was the driver or an occupant of the motor vehicle at that time. 8Section 37K amended (Interpretation of Division) Section 37K of the Principal Act is amended as follows: (a) by omitting the definition of prescribed offence from subsection (1) and substituting the following definition: prescribed offence means an offence – (a) against section 14B involving the use of a vehicle, vessel or aircraft; or (b) against section 15B involving the use of a vehicle; or (c) against section 37J ; or (d) against section 48 ; or (e) against section 32 of the Traffic Act 1925 ; or (f) against section 11A of the Police Powers (Vehicle Interception) Act 2000 ; or (g) that is prescribed by the regulations for the purposes of this Division. (b) by omitting subsection (2) and substituting the following subsection: (2)  In the application of this Division to the offence referred to in paragraph (a) of the definition of prescribed offence in subsection (1)  – vehicle includes vessel and aircraft. 9Section 37N amended (Confiscation of vehicles) Section 37N of the Principal Act is amended as follows: (a) by omitting from subsection (2) "10 days" and substituting "14 days"; (b) by omitting from subsection (7) "10" and substituting "14". 10Section 37O substituted Section 37O of the Principal Act is repealed and the following section is substituted: 37OPeriod of confiscation for first prescribed offence (1)  If – (a) a person is found offending in respect of a prescribed offence that is not an offence against section 14B or 15B ; and (b) the person has not been found offending in respect of a prescribed offence in the preceding 12 months – the vehicle used in connection with the offence may be confiscated for a period of 28 days. (2)  If – (a) a person is found offending in respect of an offence against section 14B or 15B ; and (b) the person has not been found offending in respect of a prescribed offence in the preceding 12 months – the vehicle used in connection with the offence may be confiscated for a period of 7 days. 11Section 37U amended (Content of notice for first offence) Section 37U(a) of the Principal Act is amended by omitting "48 hours" and substituting "the period for which the vehicle may be confiscated under section 37O ". 12Section 37ZC amended (Recovery of vehicle confiscated for first prescribed offence) Section 37ZC of the Principal Act is amended by omitting "48 hours" and substituting "the period for which the vehicle may be confiscated under section 37O ". 13Section 47 amended (Interpretation) Section 47 of the Principal Act is amended by omitting the definition of motor vehicle . PART 3Police Powers (Vehicle Interception) Act 2000 Amended14Principal ActIn this Part, the Police Powers (Vehicle Interception) Act 2000 is referred to as the Principal Act. 15Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by omitting the definition of owner and substituting the following definition: owner, when used in reference to a vehicle, means – (a) a person registered in the record of motor vehicles and trailers kept in accordance with section 41 of the Vehicle and Traffic Act 1999 as the owner of the vehicle; or (b) a person who is a joint owner or part owner of the vehicle –and includes – (c) a person who has the use of the vehicle under a lease or hire-purchase agreement; and (d) a person to whom the vehicle has been sold or otherwise disposed of by a previous registered owner who has complied with the relevant provisions of the Vehicle and Traffic Act 1999 ; and (e) a person whom a police officer reasonably believes is the owner of the vehicle; 16Section 11A insertedAfter section 11 of the Principal Act , the following section is inserted in Part 2: 11AEvading police (1)  The driver of a vehicle must not take action to avoid apprehension or interception by a police officer who is exercising his or her powers or performing his or her functions under any Act.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.

(2)  It is a defence to a charge for an offence against subsection (1) if the defendant proves that he or she had a lawful excuse for taking action to avoid the apprehension or interception. (3)  A police officer may arrest, without warrant, any person found offending against this section. (4)  A court that convicts a person of an offence under subsection (1) may, in addition to the penalty specified in that subsection, disqualify the person from driving for a period not exceeding 2 years. (5) When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person on whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .

[Second reading presentation speech made in:

House of Assembly on 11 JUNE 2009

Legislative Council on 14 OCTOBER 2009]