Police Offences Regulations 2024 (TAS)

Police Offences Regulations 2024

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Police Offences Act 1935 .18 November 2024

A. M. BLOW

Lieutenant-Governor

By His Excellency’s Command,

FELIX ELLIS

Minister for Police, Fire and Emergency Management

PART 1Preliminary1Short titleThese regulations may be cited as the Police Offences Regulations 2024. 2CommencementThese regulations take effect on 10 December 2024. 3InterpretationIn these regulations – Act means the Police Offences Act 1935; photographic detection device has the same meaning as in the Vehicle and Traffic Act 1999; speeding offence has the same meaning as in the Vehicle and Traffic Act 1999. PART 2Consumption and Possession of Liquor4Public places where liquor consumption is prohibitedThe following places are prescribed as public places for the purposes of section 25 of the Act: (a) the area of land specified in Part 1 of Schedule 1 and known as Franklin Square; (b) the area of land specified in Part 2 of Schedule 1 and known as Glenorchy Council Memorial Gardens; (c) the area of land specified in Part 3 of Schedule 1 and known as North Hobart Cultural Park and Skate Park; (d) the area of land specified in Part 4 of Schedule 1 and known as St Davids Park. 5Public places where liquor consumption periodically prohibited (1)  A public place specified in subregulation (2) is prescribed as a public place to which section 25 of the Act applies only during the periods, and at the times, specified for that public place in subregulations (3), (4) and (5). (2)  For the purposes of subregulation (1), the public places are as follows: (a) the area of land specified in Part 5 of Schedule 1 and known as Hobart Regatta Grounds; (b) the area of land specified in Part 6 of Schedule 1 and known as Hobart Rivulet Linear Park; (c) the area of land specified in Part 7 of Schedule 1 and known as John Doggett Park; (d) the area of land specified in Part 8 of Schedule 1 and known as Parliament House Grounds; (e) the area of land specified in Part 9 of Schedule 1 and known as Princes Park; (f) the area of land specified in Part 10 of Schedule 1 and known as Salamanca Lawns; (g) the area of land specified in Part 11 of Schedule 1 and known as Soundy Park; (h) the area of land specified in Part 12 of Schedule 1 and known as Tasman Monument; (i) the area of land specified in Part 13 of Schedule 1 and known as University Rose Gardens. (3)  For the purposes of the public places specified in subregulation (2)(a), (b), (c), (g) and (i), the period and time is every day of the year between the hours of 8 p.m. and 8 a.m. the following day. (4)  For the purposes of the public places specified in subregulation (2)(d), (f) and (h), the periods and times are – (a) from 10 December in any year to 1 January the following year, inclusive, between the hours of 3 p.m. on any of those days and 10 a.m. the following day; and (b) from 2 January in any year to 9 December in that year, inclusive, between the hours of 10 p.m. on any of those days and 10 a.m. the following day. (5)  For the purposes of the public place specified in subregulation (2)(e), the period and time is every day of the year between the hours of 10 p.m. and 10 a.m. the following day. PART 3Confiscation and Clamping of Vehicles6Prescribed offences (1)  For the purposes of Division 2 of Part IVA of the Act, the following offences are prescribed: (a) an offence against section 13 of the Vehicle and Traffic Act 1999, if the offender has been charged on at least one previous occasion with an offence against – (i) that section; or (ii) section 19A of the Road Safety (Alcohol and Drugs) Act 1970; (b) a speeding offence if the prescribed speed-limit is exceeded by 45km/h or more. (2)  In the application of Division 2 of Part IVA of the Act to a speeding offence, a police officer may find that a person has committed such an offence as result of the examination of a photograph from a photographic detection device. 7Special compulsory penalty for section 37MA of ActFor the purposes of section 37MA of the Act, the prescribed amount (of the fine constituting the special compulsory penalty) is 4 penalty units. PART 4Miscellaneous8Identified organisations for purposes of section 6A(3) of ActFor the purposes of section 6A(3) of the Act, the following organisations are each prescribed to be an identified organisation: (a) the motorcycle club known as Outlaws; (b) the motorcycle club known as Rebels; (c) the motorcycle club known as Bandidos; (d) the motorcycle club known as Black Uhlans; (e) the motorcycle club known as Devil’s Henchmen; (f) the motorcycle club known as Nomads; (g) the motorcycle club known as Finks. 9Prescribed person for purposes of section 37JA of ActFor the purposes of section 37JA(3)(e) of the Act, prescribed persons are persons who are employed, or engaged, by a department while those persons are acting in the course of their duties under one or more of the following Acts: (a) Biosecurity Act 2019; (b) Nature Conservation Act 2002. 10Fee for permit under section 49 of ActFor the purposes of section 49(3) of the Act, the prescribed fee is 26 fee units. 11Prescribed amounts for purposes of section 49 of Act (1) For the purposes of section 49(6)(a)(i) of the Act, the prescribed amount is $10 000 000. (2) For the purposes of section 49(6)(a)(ii) of the Act, the prescribed amount is $15 000 000. (3) For the purposes of section 49(6)(a)(iii) of the Act, the prescribed amount is $15 000 000. 12Infringement noticesFor the purposes of section 61 of the Act – (a) an offence against a provision of the Act specified in column 2 of the table in Schedule 3 is prescribed as an offence for which an infringement notice may be issued and served; and (b) a penalty specified in column 3 of that table is prescribed as the penalty for the offence to which it relates. Schedule 1Public Places

Regulations 4 and 5

PART 1Franklin SquarePART 2Glenorchy Council Memorial GardensPART 3North Hobart Cultural Park and Skate ParkPART 4St Davids ParkPART 5Hobart Regatta Grounds (a) about 7.656 hectares, shown as Lot 1; and (b) about 5 387 square metres, shown as Lot 2 – and bounded by heavy black lines and shaded on Plan 9519 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in PART 6Hobart Rivulet Linear Park (a) about 1.932 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9522 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 6 of Schedule 2; and (b) about 1.16 hectares, shown as Lot 2 and bounded by a heavy black line and shaded on Plan 9523 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 7 of Schedule 2; and (c) about 9 154 square metres, shown as Lot 3 and bounded by a heavy black line and shaded on Plan 9524 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 8 of Schedule 2. PART 7John Doggett ParkPART 8Parliament House GroundsPART 9Princes ParkPART 10Salamanca Lawns (a) about 1 349 square metres, shown as Lot 1; and (b) about 2 192 square metres, shown as Lot 2 – and bounded by heavy black lines and shaded on Plan 7973 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in PART 11Soundy ParkPART 12Tasman MonumentPART 13University Rose GardensSchedule 2Plans

Schedule 1

PART 1Franklin SquarePART 2Glenorchy Council Memorial GardensPART 3North Hobart Cultural Park and Skate ParkPART 4St Davids ParkPART 5Hobart Regatta GroundsPART 6Hobart Rivulet Linear Park (Lot 1)PART 7Hobart Rivulet Linear Park (Lot 2)PART 8Hobart Rivulet Linear Park (Lot 3)PART 9John Doggett ParkPART 10Parliament House GroundsPART 11Princes ParkPART 12Salamanca LawnsPART 13Soundy ParkPART 14Tasman MonumentPART 15University Rose GardensSchedule 3Infringement notices

Regulation 12

Section of Act	Penalty units
1.	Section 12(1)(a)	1
2.	Section 12(1)(b)	1
3.	Section 12(1)(c)	1
4.	Section 12(1)(d)	1
5.	Section 13(1)(a)	1
6.	Section 13(1)(b)	1
7.	Section 13(1)(c)	1
8.	Section 13(1)(d)	1
9.	Section 13(1)(e)	1
10.	Section 13(1)(f)	1
11.	Section 13(2)	1
12.	Section 13(4)	1
13.	Section 13(6)	1
14.	Section 13(7)	0.5
15.	Section 14B	1
16.	Section 15B(2)	1
17.	Section 15CA(1)	5
18.	Section 15CA(4)	5
19.	Section 16(1)	1
20.	Section 16(3)	1
21.	Section 19A(1)	1
22.	Section 25(2)	1
23.	Section 25(3)	1
24.	Section 26(1)	3
25.	Section 26(2)	3
26.	Section 37G(1)	10
27.	Section 37GA(3)	10
28.	Section 37JA(1)	5
29.	Section 41	1
30.	Section 48	1
31.	Section 49AB(1)	2
32.	Section 49AB(8)	2
33.	Section 49B(2)	2

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 27 November 2024

These regulations are administered in the Department of Police, Fire and Emergency Management.