Police Offences Amendment Act 2003 (TAS)

Police Offences Amendment Act 2003

An Act to amend the Police Offences Act 1935

[Royal Assent 15 December 2003]

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 Police Offences Amendment Act 2003 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. 3Principal ActIn this Act, 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 by omitting ", the Postmaster-General," from the definition of public authority . 5Section 34B amended (Resistance to, and obstruction of, public officers prohibited) Section 34B of the Principal Act is amended as follows: (a) by omitting from subsection (1A) "10" and substituting "50"; (b) by omitting from subsection (1A) "12 months" and substituting "2 years"; (c) by omitting from subsection (2A) "5" and substituting "25"; (d) by omitting from subsection (2A) "6" and substituting "12". 6Section 35 amended (Common assault and aggravated assault on females and children) Section 35 of the Principal Act is amended as follows: (a) by omitting from subsection (1A) "5" and substituting "20"; (b) by omitting from subsection (1A) "6" and substituting "12"; (c) by omitting from subsection (2) "10" and substituting "50"; (d) by inserting in subsection (2) "for a term not exceeding 2 years" after "imprisonment"; (e) by omitting from subsection (3) "20" and substituting "50"; (f) by inserting in subsection (3) "for a term not exceeding 2 years" after "imprisonment". 7Section 43 amended (Finding property) Section 43 of the Principal Act is amended as follows: (a) by inserting in subsection (4) "or a police officer of or above the rank of inspector" after "a justice"; (b) by inserting in subsection (6) "or a police officer of or above the rank of inspector" after "satisfies a justice". 8Section 55 amended (Arrest) Section 55 of the Principal Act is amended as follows: (a) by omitting from subsection (2B) "land without the consent of its owner or occupier or the person in charge of it" and substituting "any land, building, structure, premises, aircraft, vehicle or vessel without the consent of the owner, occupier or person in charge of the land, building, structure, premises, aircraft, vehicle or vessel"; (b) by inserting in subsection (2C)(a) ", building, structure, premises, aircraft, vehicle or vessel" after "land"; (c) by inserting in subsection (2C)(b) ", building, structure, premises, aircraft, vehicle or vessel" after "land". 9Police Offences Amendment (Public Drunkenness) Act 2000 repealedThe Police Offences Amendment (Public Drunkenness) Act 2000 is repealed.

[Second reading presentation speech made in:

House of Assembly on 27 NOVEMBER 2003

Legislative Council on 3 DECEMBER 2003]