Police Offences Amendment Act (No. 2) 2001 (TAS)

Police Offences Amendment Act (No. 2) 2001

An Act to amend the Police Offences Act 1935

[Royal Assent 17 December 2001]

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 (No. 2) 2001 . 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. 4Long title amended The long title of the Principal Act is amended by omitting "and to provide for the licensing of tanners". 5Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by omitting "16 years" from the definition of child and substituting "18 years"; (b) by inserting the following definition after the definition of court : dangerous article includes – (a) any weapon, other than a firearm as defined in the Firearms Act 1996 ; and (b) any article adapted or modified so as to be capable of being used as such a weapon; and (c) any other article that is intended to be used as such a weapon; (c) by inserting the following definition after the definition of street : street entertainment means entertainment consisting of – (a) singing, reciting or acting; or (b) playing a musical instrument; or (c) juggling; or (d) any other activity carried on for the entertainment of the public; 6Section 8 amended (Begging, imposition, prostitution, &c.) Section 8 of the Principal Act is amended as follows: (a) by omitting paragraph (b) from subsection (1) ; (b) by omitting from subsection (1A)(c) "being a male person,"; (c) by omitting subsections (1B) and (1C) . 7Section 13 amended (Public annoyance) Section 13 of the Principal Act is amended by omitting subsection (5A) . 8Section 14 amended (Public decency) Section 14 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1)  A person, in any public place or within sight of any person in a public place, must not bathe in any river, lake, harbour or stream or sunbathe unless – (a) the person is decently clothed; or (b) the conduct is authorised in that place by the appropriate council. 9Section 14B amended (Unlawful entry on land) Section 14B of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  A person, without reasonable or lawful excuse (proof of which lies on the person), must not enter into, or remain on, 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 omitting from subsection (2)(b) "or remaining on any other land" and substituting "into, or remaining on, any other land, building, structure, premises, aircraft, vehicle or vessel". 10Section 15A amended (Police offences in towns) Section 15A(1) of the Principal Act is amended as follows: (a) by omitting paragraph (c) ; (b) by omitting from paragraph (e) "street;" and substituting "street."; (c) by omitting paragraphs (f) , (fa) , (g) and (h) . 11Sections 15D, 15E and 16 substitutedSection 15D, 15E and 16 of the Principal Act are repealed and the following sections are substituted: 15BDispersal 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.

15CDangerous 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. 16Street 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.

12Section 17A repealed Section 17A of the Principal Act is repealed. 13Section 35A repealed Section 35A of the Principal Act is repealed. 14Section 37 amended (Offences relating to property) Section 37 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (4) : (4A)  A person must not unlawfully damage or interfere with any work of a council or any material used or provided for that work. (b) by omitting from subsection (5) " subsection (4) " and substituting " subsection (4) or (4A) ". 15Section 37B amended (Motor vehicle stealing) Section 37B of the Principal Act is amended by inserting after subsection (3) the following subsection: (4)  If the court before which a person is charged with an offence under this section considers that the offence is so serious that it should be tried on indictment – (a) the offence is taken to be a crime under the Criminal Code; and (b) the court is to proceed under Part VII of the Justices Act 1959 . 16Section 37F amended (Disqualification from driving) Section 37F(4) of the Principal Act is amended by omitting "sum by way of damages is adjudged to be recovered against him under section 140 (2) of the Justices Act 1959 " and substituting "compensation order is made against the person under section 98 of the Youth Justice Act 1997 or section 68 of the Sentencing Act 1997 ". 17Section 38 repealed Section 38 of the Principal Act is repealed. 18Section 39 amended (Possession of stolen property) Section 39 of the Principal Act is amended by omitting subsection (1) and substituting the following subsections: (1)  A person must not have possession or control of any property that is reasonably believed by a police officer to have been stolen or unlawfully obtained. (1A)  It is a defence to proceedings for an offence under subsection (1) for a person to provide a satisfactory account of possession or control of the property. 19Section 49C repealed Section 49C of the Principal Act is repealed. 20Section 55 amended (Arrest) Section 55 of the Principal Act is amended as follows: (a) by omitting paragraph (c) from subsection (1) and substituting the following paragraph: (c) section 15B or 15C . (b) by inserting the following subsection after subsection (2F) : (2G)  A police officer, without warrant, may arrest any person the police officer has reasonable grounds for believing has committed an offence under section 37B . 21Roads and Jetties Act 1935 amendedAfter section 50 of the Roads and Jetties Act 1935 , the following sections are inserted in Division 3: 50AScaffolding A person must not unlawfully erect any scaffolding or boarding in a street in a town.

Penalty:  Fine not exceeding 2 penalty units.

50BExcavations A person must not make any excavation, vault or cellar beneath a street in a town without the consent of the appropriate council.

Penalty:  Fine not exceeding 2 penalty units.

50CRemoval of barricades A person must not remove any barricade, chain, fence or lamp set up – (a) in connection with the making or repair of a road; or (b) for the protection or control of persons passing along the road.

Penalty:  Fine not exceeding 2 penalty units.

[Second reading presentation speech made in:

House of Assembly on 30 OCTOBER 2001

Legislative Council on 20 NOVEMBER 2001]