Police Powers (Vehicle Interception) Act 2000 (TAS)

Police Powers (Vehicle Interception) Act 2000

An Act to confer additional powers on police officers to stop and search vehicles and to obtain information concerning the identity of drivers and owners of, and passengers in or on, vehicles used in connection with the commission of certain offences, and to provide for related matters

[Royal Assent 14 July 2000]

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 Powers (Vehicle Interception) Act 2000 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. 3InterpretationIn this Act, unless the contrary intention appears –[Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Commissioner means the Commissioner of Police; driver means a person having control over the steering, movement or propulsion of a vehicle and includes a person riding a vehicle; evidential material means a thing relevant to an offence, including such a thing in electronic form; function includes a power, authority and duty; [Section 3 Amended by No. 20 of 2020, s. 14, Applied:28 Sep 2020] oral fluid has the same meaning as in the Road Safety (Alcohol and Drugs) Act 1970 ; [Section 3 Amended by No. 50 of 2009, s. 15, Applied:25 Nov 2009] [Section 3 Amended by No. 50 of 2009, s. 15, Applied:25 Nov 2009] 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; public street has the same meaning as in the Traffic Act 1925 ; regulations means regulations made and in force under this Act; road-related area has the same meaning as in the Road Rules; [Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 3 Amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] senior police officer means a commissioned police officer; thing relevant to an offence means – (a) anything with respect to which an offence against any law of the State has been committed or is suspected, on reasonable grounds, to have been committed; or (b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or (c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence; vehicle has the same meaning as in the Traffic Act 1925 ; vehicle immobilising device means a device capable of causing a vehicle to stop or preventing a vehicle from moving and includes a device designed for, or capable of, deflating tyres. 4Application of ActThe powers conferred by this Act are in addition to the powers that police officers have under any other Act or law. PART 2Roadblocks and vehicle immobilising devices5Roadblocks and vehicle immobilising devices (1)  A police officer may, with an authority granted under section 6 , establish a roadblock or use a vehicle immobilising device on a public street, a road-related area or other area if the police officer reasonably believes that – (a) establishing the roadblock or using the vehicle immobilising device would significantly improve the prospects of apprehending or locating a person in or on any vehicle who the officer reasonably believes – (i) has committed an offence punishable upon indictment; or (ii) is or may be endangering the property, life or safety of another person; or (b) it is necessary to establish the roadblock or use the vehicle immobilising device for the protection of life or property; or (c) an offence has been, is being or is likely to be committed and that, for the purposes of performing his or her functions under this or any other Act, it is necessary to detain a vehicle, a driver or a passenger in or on a vehicle. (2)  A roadblock may consist of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles. 6Authority to establish roadblocks or use vehicle immobilising devices (1)  A police officer must not establish a roadblock or use a vehicle immobilising device otherwise than in accordance with the authority of – (a) a senior police officer; or (b) [Section 6 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] if a senior police officer is not readily available, a police officer of the rank of sergeant authorised by the Commissioner for the purposes of this section. (2)  An authority may be granted or renewed under this section orally or in writing. (3)  If the authority is in writing, it must specify the following: (a) the date on, and time at, which the authority is granted; (b) the powers conferred by the authority; (c) the offence or the risk to public safety in respect of which the authority is granted; (d) the place or area at which the establishment of a roadblock or the use of a vehicle immobilising device is authorised; (e) the vehicle or class of vehicles in respect of which the authority is granted; (f) the period of the authority; (g) the grounds on which the authority is granted or renewed. (4)  If the authority is granted orally, the senior police officer or sergeant must make a record of the matters referred to in subsection (3) as soon as is reasonably practicable after granting the authority. 7Power to stop and search vehicles at roadblock (1)  At, or in the vicinity of, a roadblock, a police officer may – (a) stop any vehicle and detain it for the time reasonably necessary to search it for evidential material relevant to a matter referred to in section 5(1) ; and (b) enter a vehicle, using reasonable force if necessary, for the purpose of searching it; and (c) for the purpose of performing his or her functions under this or any other Act, detain the driver, a passenger in or on the vehicle or any person who has disembarked from the vehicle. (2)  The driver of a vehicle must stop the vehicle at a roadblock when requested or signalled to do so.Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months. (3)  The driver of a vehicle must not, without reasonable excuse, avoid a roadblock.Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months. 8Power to request disclosure as to driver or passenger (1)  A police officer may request any person in or on a vehicle stopped at a roadblock or by a vehicle immobilising device to disclose – (a) his or her name and address; and (b) the name and address of any other person in or on the vehicle at the time the vehicle was stopped or who was in or on the vehicle at or about the time when the offence referred to in section 5(1)(a)(i) or section 5(1)(c) was, or may have been, committed; and (c) the name and address of the owner of the vehicle. (2)  A police officer may request the owner of a vehicle stopped at a roadblock or by a vehicle immobilising device to disclose the name and address of any person in or on the vehicle at the time the vehicle was stopped or who was in or on the vehicle at or about the time when the offence referred to in section 5(1)(a)(i) or section 5(1)(c) was, or may have been, committed. (3)  A police officer may make a request under this section only if, before making the request, the police officer – (a) provides evidence to the person that he or she is a police officer, unless he or she is in uniform; and (b) provides his or her name and place of duty; and (c) informs the person of the reason for the request; and (d) warns the person that failure to comply with the request may be an offence. 9Failure to disclose identity on request (1)  A person must disclose his or her name and address when so requested by a police officer under section 8 .Penalty:  Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both. (2)  A person who is requested by a police officer under section 8 to disclose the name and address of any other person must – (a) disclose that name and address; or (b) if the person does not know that name and address, disclose such information about the other person’s identity (such as any alias used by the other person or the general location of his or her residential address) as is known to the first-mentioned person. Penalty:  Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both. 10False or misleading informationA person must not in response to a request made by a police officer in accordance with section 8 give a name or address knowing it to be false in a material particular.Penalty:  Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both. 11Powers in respect of vehicle stopped by vehicle immobilising deviceA police officer may perform the same functions in respect of a vehicle stopped, or prevented from moving, by a vehicle immobilising device, or any person who is or was in or on that vehicle, as he or she may perform in respect of a vehicle stopped at a roadblock, or any person in or on such a vehicle. 11AEvading police [Section 11A Inserted by No. 50 of 2009, s. 16, Applied:25 Nov 2009] (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:  [Section 11A Subsection (1) amended by No. 20 of 2017, s. 5, Applied:13 Sep 2017] In the case of – (a) a first offence, either or both of the following: (i) a fine of not less than 10 penalty units and not more than 100 penalty units; (ii) imprisonment for a term of not more than 2 years; and (b) a second offence, either or both of the following: (i) a fine of not less than 20 penalty units and not more than 100 penalty units; (ii) imprisonment for a term of not more than 3 years; and (c) a third or subsequent offence, either or both of the following: (i) a fine of not less than 20 penalty units and not more than 100 penalty units; (ii) imprisonment for a term of not more than 4 years. (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. (2A)  [Section 11A Subsection (2A) inserted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] 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, if, at the time the driver takes the action – (a) the vehicle being driven by the driver is stolen; or (b) the driver is driving the vehicle recklessly, or negligently, within the meaning of section 32 of the Traffic Act 1925 ; or (c) the driver is driving the vehicle – (i) while alcohol is present in his or her breath or blood in contravention of section 6 of the Road Safety (Alcohol and Drugs) Act 1970 ; or (ii) [Section 11A Subsection (2A) amended by No. 20 of 2020, s. 15, Applied:28 Sep 2020] while an illicit drug is present in his or her oral fluid or blood in contravention of section 6A of the Road Safety (Alcohol and Drugs) Act 1970 ; or (d) the driver is driving the vehicle – (i) while his or her driver licence has been suspended or cancelled; or (ii) while he or she is disqualified from driving; or (e) the driver is taking the action to avoid apprehension, or interception, by a police officer as a result of the driver having – (i) committed an offence within Appendix A or Appendix B of the Criminal Code; or (ii) breached an FVO or PFVO under the Family Violence Act 2004 ; or (iii) contravened a bail order under the Bail Act 1994 ; or (f) other prescribed circumstances apply. Penalty:  In the case of – (a) a first offence, either or both of the following: (i) a fine of not less than 20 penalty units and not more than 100 penalty units; (ii) imprisonment for a term of not more than 3 years; and (b) a second or subsequent offence, either or both of the following: (i) a fine of not less than 20 penalty units and not more than 100 penalty units; (ii) imprisonment for a term of not more than 5 years. (3)  [Section 11A Subsection (3) amended by No. 20 of 2017, s. 5, Applied:13 Sep 2017] A police officer may arrest, without warrant, any person found offending against this section or any person who the police officer has reasonable grounds for believing has committed an offence against this section. (3A)  [Section 11A Subsection (3A) inserted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] In any proceedings for an offence under subsection (2A) in respect of a person, if the court determining the proceedings is not satisfied that the person is guilty of that offence but is satisfied that the person committed an offence under subsection (1) , the court may find the person guilty of an offence under subsection (1) and the person is liable to punishment accordingly. (3B)  [Section 11A Subsection (3B) inserted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] In any proceedings for an offence under subsection (1) in respect of a person, if the court determining the proceedings is satisfied that the person is guilty of that offence, the court is to take into account when sentencing the person any convictions the person has for an offence under subsection (2A) as if it were a conviction under subsection (1) . (3C)  [Section 11A Subsection (3C) inserted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] If a court convicts a person of an offence under this section and is imposing a sentence for the offence at the same time as imposing a sentence for one or more other offences, the court – (a) is not to include a sentence for the offence under this section as part of a general sentence, or mixed sentence, imposed under section 11 of the Sentencing Act 1997 in respect of the other offences; and (b) is to impose a separate sentence in respect of the offence under this section. (4)  [Section 11A Subsection (4) substituted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] Subject to subsection (4B) , a court that convicts a person of an offence under subsection (1) must, in addition to the penalty specified in that subsection, disqualify the person from driving for – (a) in the case of a first offence, a period of not less than 6 months and not more than 3 years; or (b) in the case of a second offence, a period of not less than 12 months and not more than 5 years; or (c) in the case of a third or subsequent offence, a period of not less than 2 years and not more than 5 years. (4A)  [Section 11A Subsection (4A) inserted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] Subject to subsection (4B) , a court that convicts a person of an offence under subsection (2A) must, in addition to the penalty specified in that subsection, disqualify the person from driving for a period of not less than 2 years and not more than 5 years. (4B)  [Section 11A Subsection (4B) inserted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] If the court convicts a person of an offence under this section and, at the time of committing the offence, the person had not attained the age of 17 years – (a) subsections (4) and (4A) do not apply in respect of the sentencing of the person for the offence; and (b) the court, when determining a sentence for the offence in respect of the person – (i) must disregard that a minimum amount of money must be imposed in respect of the offence; and (ii) may, in addition to any other penalty imposed in respect of the offence, disqualify the person from driving for a period not exceeding 2 years. (4C)  [Section 11A Subsection (4C) inserted by No. 20 of 2017, s. 5, Applied:13 Sep 2017] Proceedings for an offence under this section are to be dealt with summarily. (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 . PART 3Miscellaneous12Evidence of authorityIn proceedings for an offence against this Act, a certificate apparently signed by a senior police officer stating – (a) that an authority under this Act was granted or renewed for a specified period; and (b) that the authority authorised the establishment of a roadblock or the use of a vehicle immobilising device at a specified place or area; and (c) the grounds on which the authority was granted or renewed – is evidence of the matters stated in the certificate. 13Protection from liabilityNo act, matter or thing done or omitted to be done in good faith by any police officer in the administration or intended administration of this Act, or in the performance or intended performance of any of his or her functions under this Act, subjects the police officer to any civil or criminal liability in respect of that act, matter or thing. 14Proceedings for offencesProceedings for an offence against this Act are to be dealt with by a court of summary jurisdiction constituted by a magistrate sitting alone. 15DisqualificationIn addition to any penalty a court imposes under this Act, the court may disqualify a person found guilty of an offence against this Act from holding or obtaining a driver’s licence for a period not exceeding 3 years. 16RegulationsThe Governor may make regulations for the purposes of this Act. 17Administration of ActUntil provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  – (a) the administration of this Act is assigned to the Minister for Police and Public Safety; and (b) the department responsible to the Minister for Police and Public Safety in relation to the administration of this Act is the Department of Police and Public Safety.