Police Service (Consequential Amendments) Act 2003 (TAS)

Police Service (Consequential Amendments) Act 2003

An Act to amend certain legislation consequent on the enactment of the Police Service Act 2003

[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 Service (Consequential Amendments) Act 2003 . 2CommencementThis Act commences on a day to be proclaimed. 3Consequential amendmentsThe legislation specified in Schedule 1 is amended as specified in that Schedule. Schedule 1Consequential Amendments

Section 3

1.    Section 46 is amended as follows: (a) by inserting the following definitions after the definition of Building Regulations : commissioned police officer means a commissioned police officer as defined in the Police Service Act 2003 ; Commissioner of Police means the Commissioner of Police as defined in the Police Service Act 2003 ; (b) by inserting the following definitions after the definition of Plumbing Regulations : police officer means a police officer as defined in the Police Service Act 2003 ; Police Service means the Police Service established under the Police Service Act 2003 ; 1.    Section 1A is amended by omitting "member of the police force, within the meaning of the Police Regulation Act 1898 ," from the definition of authorized officer and substituting "police officer". 1.    Section 3 is amended by omitting paragraph (a) from the definition of officer and substituting: (a) a police officer; or 2.    Section 39(1)(d) is amended by omitting " Police Regulation Act 1898 " and substituting " Police Service Act 2003 ". 1.    Section 3(1A) is amended by omitting paragraph (a) and substituting the following paragraph: (a) the Police Service; and 1.    Section 3(1) is amended by omitting the definition of police officer . 1.    Section 3(1) is amended as follows: (a) by omitting the definition of authorised police officer and substituting the following definition: authorised police officer means a police officer – (a) who is of or above a rank as specified by the Commissioner of Police for the purpose of this Act; or (b) who is designated as an authorised police officer by the Commissioner of Police for the purpose of this Act; (b) by omitting the definition of police officer . 2.    Section 14(1) is amended by omitting paragraph (f) from the definition of prescribed person . 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 3(1) is amended by omitting the definition of police force . 2.    Section 402(4) is amended by omitting "member of the police force" and substituting "police officer". 3.    Section 405 is amended as follows: (a) by omitting from subsection (1) "member of the police force" and substituting "police officer"; (b) by omitting from subsection (2) "member of the police force" and substituting "police officer". 4.    Section 449(4) is amended by omitting paragraph (j) and substituting the following paragraph: (j) a police officer performing a function as a police officer; or 1.    Section 3 is amended as follows: (a) by omitting paragraph (b) from the definition of person held in custody and substituting the following paragraph: (b) a person detained – (i) in a prison as defined in the Corrections Act 1997 ; or (ii) in a building or part of a building at a police station used for the confinement of persons under arrest or otherwise lawfully detained in custody; or (iii) in a detention centre; (b) by omitting the definition of police officer . 2.    Section 15(2) is amended by omitting " Police Regulation Act 1898 " and substituting " Police Service Act 2003 ". 1.    Section 91(2)(a) is amended by omitting "police force of Tasmania" and substituting "Police Service". 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 4(1) is amended by omitting the definition of police officer . 1.    Schedule 1 is amended as follows: (a) by omitting the definition of police officer from section 1 ; (b) by omitting from section 205(1)(e) "officer of Police" and substituting "commissioned police officer". 1.    Section 13 is amended by omitting the definition of police officer . 1.    Section 3(1) is amended as follows: (a) by omitting "police force of this State" from paragraph (a) of the definition of appropriate authority and substituting "Police Service of this State"; (b) by omitting "appointed under the Police Regulation Act 1898 " from the definition of Commissioner ; (c) by omitting the definition of police officer . 1.    Section 3(1) is amended by omitting the definition of police officer . 1.    Section 3(1) is amended by omitting the definition of police officer . 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 9 is amended by omitting "constable" twice occurring and substituting "police officer". 1.    Section 12(4) is amended by omitting "member of the police force" and substituting "police officer". 1.    Section 98 is amended as follows: (a) by omitting from subsection (1) "member of the police force" and substituting "police officer"; (b) by omitting from subsection (2) "member of the police force" and substituting "police officer". 1.    Section 66(2) is amended by omitting "member of the police force" and substituting "police officer". 2.    Section 88(4) is amended by omitting "member of the police force" and substituting "police officer". 1.    Section 2 is amended by omitting the definition of Region Disaster Controller and substituting the following definition: Region Disaster Controller means a commissioned police officer appointed as such under section 14 ; 2.    Section 14 is amended by omitting "an officer of police" and substituting "a commissioned police officer". 3.    Section 35A(1) is amended by omitting the definitions of commissioned police officer and police officer . 4.    Section 36 is amended by omitting "member of the Police Force" and substituting "police officer or a trainee or junior constable as defined in the Police Service Act 2003 ". 1.    Section 20 is amended by omitting subsection (3) and substituting the following subsection: (3)  A police officer is an authorized officer. 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 4(1) is amended by omitting the definition of police officer . 1.    Section 3(1) is amended as follows: (a) by omitting the definition of Officer of Police and substituting the following definition: Officer of Police means a commissioned police officer; (b) by omitting the definition of police officer . 1.    Section 4(1) is amended by omitting the definition of police officer . 1.    Section 5(1) is amended by omitting "police force, as defined by section 5 of the Police Regulation Act 1898, " from the definition of agency and substituting "Police Service". 1.   Section 3(1) is amended by omitting paragraph (a) from the definition of "law enforcement agency" and substituting the following paragraphs: (a) the Police Service; or (ab) the police force of any other State or of a Territory; or 1.    Section 87(4) is amended by omitting "member of the police force" and substituting "police officer". 1.    Section 3(1) is amended by omitting the definition of police officer . 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 3(1) is amended as follows: (a) by omitting paragraph (b) from the definition of controlling authority and substituting the following paragraph: (b) a person appointed under section 11(3), 12 or 15 of the Police Service Act 2003  – the Commissioner of Police; or (b) by omitting paragraph (d) from the definition of employee and substituting the following paragraph: (d) a person appointed under section 11(3), 12 or 15 of the Police Service Act 2003 ; (c) by omitting paragraph (b) from the definition of Government department and substituting the following paragraph: (b) the Police Service; 1.    Section 84 is amended by omitting "member of the police force" and substituting "police officer". 1.    Clause 5(a) of Schedule 3 is amended by inserting "of a junior constable or trainee as defined in the Police Service Act 2003 or" after "appointment". 1.    Clause 1 of Schedule I is amended as follows: (a) by omitting from paragraph (i) " Police Regulation Act 1898 " and substituting " Police Service Act 2003 "; (b) by omitting from paragraph (l)(ii) " Police Regulation Act 1898 " and substituting " Police Service Act 2003 ". 1.    Section 3(1) is amended by omitting the definition of police officer . 2.    Section 34(1) is amended by omitting paragraph (a) and substituting the following paragraph: (a) a commissioned police officer; or 3.    Section 41(3)(a) is amended by omitting "superintendent of police" and substituting "police officer of the rank of commander". 1.    Section 125(3)(d) is amended by omitting "within the meaning of the Police Regulation Act 1898 ". 1.    Section 3(1) is amended by omitting the definition of the police force . 2.    Section 5(2)(e) is amended by omitting "member of the police force and a person suspected by a member of the police force" and substituting "police officer and a person suspected by a police officer". 3.    Section 17(1) is amended by omitting "member of the police force" twice occurring and substituting "police officer". 4.    Section 18 is amended as follows: (a) by omitting from subsection (2) "member of the police force" twice occurring and substituting "police officer"; (b) by omitting from subsection (4) "member of the police force" twice occurring and substituting "police officer"; (c) by omitting from subsection (5) "member of the police force" three times occurring and substituting "police officer"; (d) by omitting from subsection (7)(a) "member of the police force" and substituting "police officer"; (e) by omitting from subsection (7)(b) "member of the police force" twice occurring and substituting "police officer". 5.    Section 26(4) is amended by omitting "member of the police force" and substituting "police officer". 1.    Section 3(1)(b) is amended by omitting "within the meaning of the Police Regulation Act 1898 ". 1.    Section 21(1)(b) is amended as follows: (a) by omitting from subparagraph (i) "police force" and substituting "Police Service"; (b) by omitting from subparagraph (ii) "police force" and substituting "Police Service". 2.    Section 169 is amended by omitting "member of the police force" and substituting "police officer". 1.    Schedule 1 is amended by omitting

Employees employed under the Police Regulation Act 1898 The Commissioner of Police

Persons appointed to the Police Service The Commissioner of Police

1.    Section 15 is amended by omitting subsection (2) and substituting the following subsection: (2)  A police officer is a bailiff for the purpose of this Act. 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 3(1) is amended by omitting the definition of police officer . 1.    Section 2(1) is amended by omitting the definition of police officer and substituting the following definition: police officer means – (a) in respect of a personal injury suffered in Tasmania, a police officer in this State; and (b) in respect of a personal injury suffered in another State or a Territory of the Commonwealth, a police officer in that State or Territory; 1.    Section 3(1) is amended by omitting paragraph (a) from the definition of authorised officer and substituting: (a) a police officer; and 1.    Section 3(1) is amended by omitting paragraph (a) from the definition of authorised officer and substituting: (a) a police officer; and 1.    Schedule 1 is amended as follows: (a) by omitting item 45 and substituting the following item: 45.   Police Service. (b) by omitting item 46 . 1.    Regulation 3(1) is amended by omitting the definition of police officer . 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 137B(1) is amended by omitting paragraph (a) from the definition of authorized person and substituting: (a) a police officer; or 1.    Section 23(2) is amended by omitting paragraph (b) and substituting the following paragraph: (b) a police officer; or 1.    Section 3(1) is amended by omitting the definition of police officer . 2.    Section 43 is amended as follows: (a) by omitting from subsection (7) ", cadet, or departmental employee,"; (b) by omitting subsection (8) . 3.    Section 57 is amended as follows: (a) by omitting from subsection (1) "superintendent" and substituting "police officer of the rank of commander"; (b) by omitting from subsection (2) "superintendent of police" and substituting "police officer of the rank of commander"; (c) by omitting from subsection (3) "superintendent" and substituting "police officer of the rank of commander". 4.    Section 58(2) is amended by omitting "constable" and substituting "police officer". 5.    Section 58B is amended as follows: (a) by omitting from subsection (1) "after having been arrested for an offence against any Act"; (b) by inserting the following paragraph after paragraph (a) in subsection (1) : (ab) for the purpose of removing into safe keeping any other articles belonging to, or in the possession of, the person; or (c) by omitting subsections (2) and (3) and substituting the following subsections: (2)  Subsection (1)(b) does not authorise a police officer to require a person to remove any clothing unless there are reasonable grounds for believing that the removal may provide evidence of the commission of an offence. (3)  A police officer may take and retain – (a) any weapon or article found as a result of the search under subsection (1)(a) ; and (b) any article of clothing removed under subsection (2) . 1.    Section 3 is amended as follows: (a) by omitting the definition of Commissioner and substituting the following definition: Commissioner means the Commissioner of Police; (b) by omitting the definition of senior police officer and substituting the following definition: senior police officer means a commissioned police officer; 2.    Section 6(1)(b) is amended by omitting "sergeant of police" and substituting "police officer of the rank of sergeant". 1.    Section 3(1) is amended by omitting paragraph (d) from the definition of authorized officer and substituting: (d) a police officer; 2.    Section 26(8) is amended by omitting "member of the police force" and substituting "police officer". 3.    Section 26A(4)(a) is amended by omitting "member of the police force" and substituting "police officer". 4.    Section 35(2)(c)(iv) is amended by omitting " Police Regulation Act 1898 " and substituting " Police Service Act 2003 ". 1.    Section 3(1) is amended by omitting the definition of police officer . 2.    Section 15 is amended as follows: (a) by omitting from paragraph (a) "member of the police force" and substituting "police officer"; (b) by omitting from paragraph (b) "member of the police force" and substituting "police officer". 3.    Section 22(2) is amended by omitting "member of the police force" and substituting "police officer". 4.    Section 30(1) is amended by omitting "member of the Tasmania Police" and substituting "police officer". 1.    Section 3(1) is amended by omitting the definition of police force and substituting the following definition: police force means the Police Service; 1.    Section 3(1) is amended as follows: (a) by inserting "and a trainee and junior constable as defined in the Police Service Act 2003 " after "police officer" in the definition of employee ; (b) by omitting the definition of police officer . 1.    Section 57ZQ is amended as follows: (a) by omitting from subsection (2) "member of the police force" and substituting "police officer"; (b) by omitting from subsection (3) "member of the police force" and substituting "police officer". 1.    Section 3 is amended by omitting the definition of police force . 2.    Section 52 is amended as follows: (a) by omitting from subsection (1) "member of the police force" and substituting "police officer"; (b) by omitting from subsection (2)(a) "member of the police force" and substituting "police officer"; (c) by omitting from subsection (3) "member of the police force" and substituting "police officer". 1.    Schedule 1 is amended by omitting paragraph (b) from the definition of authorised person in clause 1(1) of Part 1 and substituting: (b) a police officer; 1.    Regulation 3(1) is amended by omitting the definition of police officer and substituting the following definition: police officer includes a trainee and a junior constable as defined in the Police Service Act 2003 ; 1.    Regulation 13 is amended by omitting "Superintendent" and substituting "Commander". 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 3(1) is amended by omitting the definition of police officer . 1.    Section 4 is amended by omitting the definition of police officer . 1.    Section 41 is amended by inserting after subsection (3) the following subsection: (3A) An employee or officer may be transferred to the Police Service as a police officer in accordance with section 24 of the Police Service Act 2003. 1.    Section 23A is amended by omitting the definition of police officer . 1.    Section 3(1) is amended by omitting the definition of Tasmania Police Service and substituting the following definition: Tasmania Police Service means the Police Service as defined in the Police Service Act 2003 . 1.    Section 9(2) is amended by omitting "within the meaning of the Police Regulation Act 1898 ". 1.    Schedule 6 is amended by omitting "within the meaning of the Police Regulation Act 1898 " from clause 5 of Division 1 of Part 2 and substituting "as defined in the Police Service Act 2003 ". 1.    Section 3 is amended by omitting the definition of police officer . 1.    Section 3(1) is amended by omitting the definition of police officer . 1.    Section 3 is amended as follows: (a) by omitting the definition of police force ; (b) by omitting "the Commissioner of Police, another member of the police force" from paragraph (c) of the definition of witness and substituting "a police officer". 2.    Section 7(1) is amended by omitting "member of the police force" and substituting "police officer". 3.    Section 8(3) is amended by omitting "the Commissioner of Police or another member of the police force" and substituting "a police officer". 4.    Section 9(1) is amended by omitting "member or members of the police force" and substituting "police officer". 5.    Section 11(a) is amended by omitting "member or members of the police force" and substituting "police officer". 6.    Section 13(3) is amended as follows: (a) by omitting from paragraph (c) "the Commissioner of Police or another member of the police force" and substituting "a police officer"; (b) by omitting from paragraph (d) "member of the police force" and substituting "police officer". 7.    Section 15 is amended as follows: (a) by omitting paragraphs (c) and (d) from subsection (1) and substituting the following paragraph: (c) a police officer; or (b) by omitting from subsection (4) "the Commissioner of Police or another member of the police force" and substituting "a police officer". 8.    Section 24(2)(a) is amended by omitting "the Commissioner of Police or a member of the police force" and substituting "a police officer". 9.    Section 26 is amended as follows: (a) by omitting from subsection (2)(a) "member of the police force" and substituting "police officer"; (b) by omitting from subsection (2)(b) "member of the police force" and substituting "police officer"; (c) by omitting from subsection (3)(a) "member of the police force" and substituting "police officer"; (d) by omitting from subsection (3)(b) "member of the police force" and substituting "police officer". 10.    Section 27(2)(d) is amended by omitting "members of the police force" and substituting "a police officer". 11.    Section 28(a)(iv) is amended by omitting "the Commissioner of Police or a member of the police force" and substituting "a police officer". 1.    Section 3(1) is amended by omitting the definition of police officer and substituting the following definition: police officer includes a junior constable and a trainee as defined in the Police Service Act 2003 ; 2.    Section 6A(1) is amended by omitting " Police Regulation Act 1898 " and substituting " Police Service Act 2003 ". 1.    Section 3(1) is amended as follows: (a) by omitting the definition of police officer ; (b) by omitting paragraph (a) from the definition of watch-house and substituting the following paragraph: (a) a building or part of a building at a police station used for the confinement of persons under arrest or otherwise lawfully detained in custody; and

[Second reading presentation speech made in:

House of Assembly on 26 NOVEMBER 2003

Legislative Council on 27 NOVEMBER 2003]