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TASMANIA
__________
POLICE MISCELLANEOUS AMENDMENTS BILL
(No. 2) 2009
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 POLICE OFFENCES ACT 1935 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 15CA inserted
15CA. Graffiti and graffiti equipment
6. Section 15E inserted
15E. Body armour
7. Part II, Division V inserted
Division V Sale or supply of liquor to youths
26. Sale or supply of liquor to youths
8. Section 35 amended (Common assault and aggravated assault)
9. Section 43 amended (Finding property)
10. Section 49AA amended (Interpretation of Division)
11. Section 49AB amended (Public street permits)
12. Section 55 amended (Arrest)
13. Section 61 amended (Liquor infringement notices)
14. Part VIII inserted
[Bill 59]-IX
PART VIII Declaration of crime scenes and serious incident
sites
Division 1 Crime scenes
63. Declaration of crime scene
63A. Authority at crime scene
Division 2 Serious incident sites
63B. Declaration of serious incident site
63C. Authority at serious incident site
PART 3 FORENSIC PROCEDURES ACT 2000 AMENDED
15. Principal Act
16. Section 3 amended (Interpretation)
PART 4 REPEAL
17. Repeal of Act
2
POLICE MISCELLANEOUS AMENDMENTS BILL
(No. 2) 2009
(Brought in by the Minister for Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Police Offences Act 1935 and the
Forensic Procedures Act 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 1 PRELIMINARY
1. Short title
This Act may be cited as the Police
Miscellaneous Amendments Act (No. 2) 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 59] 3
Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 3 Part 2 Police Offences Act 1935 Amended
PART 2 POLICE OFFENCES ACT 1935 AMENDED
3. Principal Act
In this Part, the Police Offences Act 1935* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "child":
"body armour" includes protective
jackets, protective vests,
protective suits, anti-ballistic
articles and other similar
articles
(a) able to be worn, either
independently or as a part
of something else, on the
human body; and
(b) designed or adapted to
protect the human body
from the effects of a
firearm or any other
prescribed device
*No. 44 of 1935
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 4
but does not include anti-ballistic
articles used for eye or hearing
protection;
(b) by inserting the following definition after
the definition of "data":
"emergency services" means
(a) the State Emergency
Service within the
meaning of the
Emergency Management
Act 2006; and
(b) the Tasmanian
Ambulance Service
established under the
Ambulance Service Act
1982; and
(c) the Tasmania Fire Service
established under the Fire
Service Act 1979; and
(d) the Police Service;
(c) by inserting the following definition after
the definition of "gain access":
"graffiti equipment" means
(a) an aerosol paint container;
and
(b) any other thing prescribed
for the purposes of this
definition;
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 5 Part 2 Police Offences Act 1935 Amended
(d) by inserting the following definition after
the definition of "liquor infringement
notice":
"mark graffiti" means mark, draw,
write or otherwise deface
property by any means so that the
defacement is not readily
removable by wiping with a dry
cloth;
(e) by omitting "vehicle." from the definition
of "vehicle" and substituting "vehicle;";
(f) by inserting the following definition after
the definition of "vehicle":
"youth" means a person who has not
attained the age of 18 years.
5. Section 15CA inserted
After section 15C of the Principal Act, the
following section is inserted in Division II:
15CA. Graffiti and graffiti equipment
(1) A person must not, without lawful
excuse, mark graffiti.
Penalty: Fine not exceeding 20 penalty
units.
(2) In addition to, or in substitution for, any
penalty imposed by a court under
subsection (1), the court may order that
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 5
the offender perform community service
in accordance with Part 4 of the
Sentencing Act 1997.
(3) A person must not, without lawful
excuse, distribute, supply or sell graffiti
equipment to a youth.
Penalty: Fine not exceeding 20 penalty
units.
(4) A person must not, without lawful
excuse, have possession of, or carry or
use, graffiti equipment in a public place.
Penalty: Fine not exceeding 20 penalty
units.
(5) Subsection (4) does not apply to
(a) a police officer acting in the
performance of his or her duties;
or
(b) a person, or group of persons,
excluded in writing by the
Commissioner from the
application of that subsection.
(6) A police officer may stop, detain and
search, without a warrant, any person in a
public place who the police officer
reasonably believes has possession of, or
is carrying, any graffiti equipment
without lawful excuse and may stop,
detain and search, without a warrant, the
person's vehicle.
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 6 Part 2 Police Offences Act 1935 Amended
(7) A police officer may seize and retain any
graffiti equipment found.
(8) For the purposes of this section, a lawful
excuse includes the following:
(a) the pursuit of a lawful
occupation, duty or activity using
that graffiti equipment;
(b) the participation in a lawful sport,
recreation or entertainment using
that graffiti equipment.
(9) If a person is convicted or found guilty of
an offence under this section, the graffiti
equipment to which the offence relates is
forfeited and is to be disposed of as the
court orders.
(10) For the purposes of this section, a person
who is in a motor vehicle in a public
place is taken to be in the public place.
6. Section 15E inserted
After section 15D of the Principal Act, the
following section is inserted in Division II:
15E. Body armour
(1) A person must not manufacture,
distribute, supply, sell or possess body
armour unless he or she holds a permit
from the Commissioner to do so.
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 6
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 12 months, or both.
(2) A person may apply to the Commissioner
for a permit to manufacture, distribute,
supply, sell or possess body armour.
(3) An application for a permit is to
(a) be in a form approved by the
Commissioner; and
(b) include details of the following:
(i) the type of body armour;
(ii) the reason for its
manufacture, distribution,
supply, sale or possession;
(iii) the means by which it is
to be stored when not in
use;
(iv) any other prescribed
matter.
(4) The Commissioner may grant an
application subject to any conditions the
Commissioner considers appropriate.
(5) The Commissioner must not grant an
application unless the Commissioner is
satisfied that the applicant
(a) is at least 18 years of age; and
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 6 Part 2 Police Offences Act 1935 Amended
(b) is a natural person; and
(c) is a fit and proper person to
manufacture, distribute, supply,
sell or possess body armour; and
(d) is able to safely store the body
armour; and
(e) has a legitimate reason for
manufacturing, distributing,
supplying, selling or possessing
body armour.
(6) In deciding whether a person is a fit and
proper person, the Commissioner is to
take into account the following:
(a) any likelihood of the person using
body armour for an unlawful
purpose;
(b) the mental condition of the
person;
(c) any criminal activity of the
person, whether in Tasmania or
elsewhere;
(d) any offence committed by the
person under this Act, the Guns
Act 1991 or the Firearms Act
1996;
(e) whether the person is subject to a
restraint order or interim restraint
order under Part XA of the
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Police Miscellaneous Amendments Bill (No. 2) 2009
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Part 2 Police Offences Act 1935 Amended s. 6
Justices Act 1959, or a family
violence order, or has at any time
within the previous 5 years been
subject to such an order;
(f) whether the person is subject to a
recognisance, granted in
Tasmania or elsewhere, to keep
the peace.
(7) A person issued with a permit under this
section must produce a copy of the
permit on the demand of a police officer
while the person is manufacturing,
distributing, supplying, selling or in
possession of body armour.
Penalty: Fine not exceeding 20 penalty
units.
(8) A police officer may seize and retain any
body armour manufactured, distributed,
supplied, sold or possessed in
contravention of this section.
(9) If a person is convicted or found guilty of
an offence under this section, the body
armour to which the offence relates is
forfeited and is to be disposed of as the
court orders.
(10) Nothing in this section prevents a person
from being prosecuted for the
manufacture, distribution, supply, sale or
possession of body armour in
contravention of another Act.
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 7 Part 2 Police Offences Act 1935 Amended
7. Part II, Division V inserted
Divison V of Part II of the Principal Act is
amended by omitting the heading to that
Division and inserting the following Division:
Division V Sale or supply of liquor to youths
26. Sale or supply of liquor to youths
(1) A person must not supply liquor to a
youth at a private place unless the person
is a responsible adult for the youth.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 12 months.
(2) A responsible adult for a youth must not
supply liquor to the youth at a private
place unless the supply is consistent with
the responsible supervision of the youth.
Penalty: Fine not exceeding 100 penalty
units or imprisonment for a term
not exceeding 12 months.
(3) For the purposes of subsection (2), the
following factors are relevant in
considering whether the supply is
consistent with the responsible
supervision of the youth:
(a) whether the responsible adult is
directly supervising the youth's
consumption of the liquor;
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 8
(b) whether the responsible adult is
intoxicated;
(c) whether the responsible adult
provides food for the youth to
consume with the liquor;
(d) whether the youth is intoxicated;
(e) the age of the youth;
(f) the quantity and type of liquor
supplied and the period over
which it is supplied.
(4) For the purposes of this section, each of
the following persons is a responsible
adult for a youth:
(a) a parent, step-parent or guardian
of the youth;
(b) an adult who has parental rights
and responsibilities for the youth;
(c) an adult authorised to supply
liquor to the youth by a parent,
step-parent or guardian of the
youth or by an adult referred to in
paragraph (b).
8. Section 35 amended (Common assault and
aggravated assault)
Section 35 of the Principal Act is amended as
follows:
13
Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 9 Part 2 Police Offences Act 1935 Amended
(a) by omitting from subsection (2) "child
who, in the opinion of the court, is under
the age of 14 years, or any female" and
substituting "other person";
(b) by omitting subsection (3) and
substituting the following subsection:
(3) A person who with indecent
intent assaults any other person is
liable to a fine not exceeding 50
penalty units or to imprisonment
for a term not exceeding 2 years.
9. Section 43 amended (Finding property)
Section 43 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4) "a
justice or" and substituting "a justice,";
(b) by inserting in subsection (4) "or the
police officer in charge of the station"
after "inspector";
(c) by omitting from subsection (6) "justice
or" and substituting "justice,";
(d) by inserting in subsection (6) "or the
police officer in charge of the station"
after "inspector";
(e) by omitting from subsection (6) "and"
third occurring and substituting "or";
14
Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 10
(f) by omitting from subsection (6) "and"
fourth occurring and substituting "and, if
sold,";
(g) by omitting from subsection (7) "and"
second occurring and substituting "or";
(h) by omitting from subsection (7) "and"
third occurring and substituting "and, if
sold,".
10. Section 49AA amended (Interpretation of Division)
Section 49AA of the Principal Act is amended
by inserting after the definition of "public street"
the following definition:
"road cycle event" means an event that
(a) involves 70 or more cyclists; and
(b) requires the use of public streets;
11. Section 49AB amended (Public street permits)
Section 49AB(1) of the Principal Act is amended
by omitting paragraph (d) and substituting the
following paragraphs:
(d) a road cycle race;
(e) a road cycle event.
15
Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 12 Part 2 Police Offences Act 1935 Amended
12. Section 55 amended (Arrest)
Section 55(2C) of the Principal Act is amended
by omitting paragraph (a).
13. Section 61 amended (Liquor infringement notices)
Section 61(1) of the Principal Act is amended by
inserting "or section 26" after "section 25".
14. Part VIII inserted
After section 62 of the Principal Act, the
following Part is inserted:
PART VIII DECLARATION OF CRIME SCENES
AND SERIOUS INCIDENT SITES
Division 1 Crime scenes
63. Declaration of crime scene
(1) For the purpose of preserving, searching
for or gathering evidence, a police officer
of or above the rank of inspector may
declare any public place or other place to
be a crime scene if
(a) the officer reasonably believes
that it is necessary, for that
purpose, to exercise powers in
section 63A(1) or to exclude
persons from the place; and
16
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Act No. of
Part 2 Police Offences Act 1935 Amended s. 14
(b) the officer reasonably believes
that
(i) an offence or a crime has
been committed at or near
that place; or
(ii) there is evidence at that
place that is relevant to an
offence or crime.
(2) A police officer may establish a crime
scene in any way that is reasonably
appropriate in the circumstances.
(3) The police officer who declares a crime
scene is to put the declaration in writing
as soon as practicable after making it and
is to give a copy of the declaration to
(a) the owner or person lawfully in
possession of the place to which
the declaration relates, if the
place is not a public place; and
(b) the District Police Commander
responsible for the relevant
region.
(4) A declaration of a crime scene remains in
force for 7 days unless it is sooner
revoked.
(5) A revocation of a declaration of a crime
scene
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Act No. of
s. 14 Part 2 Police Offences Act 1935 Amended
(a) may be made by a police officer
of or above the rank of inspector;
and
(b) is to be put in writing as soon as
practicable after it is made and a
copy given to the persons who
have been given a copy of the
declaration under subsection (3).
(6) Before a declaration of a crime scene
lapses or is revoked, a police officer of or
above the rank of inspector may re-
declare the place to be a crime scene.
(7) A re-declaration of a crime scene under
subsection (6) may be made one or more
times and subsections (3), (4), (5), (8)
and (9) apply to a re-declaration as if it
were a declaration under those
subsections.
(8) The owner or person lawfully in
possession of the place to which a
declaration of a crime scene relates may
appeal against the declaration to the
Magistrates Court (Administrative
Appeals Division).
(9) The Magistrates Court (Administrative
Appeals Division) may confirm, amend
or revoke, or add conditions to, a
declaration of a crime scene.
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 14
63A. Authority at crime scene
(1) For the purpose of preserving, searching
for or gathering evidence at a crime
scene, a police officer is authorised to do
any or all of the following at or in
relation to the crime scene:
(a) direct a person to leave the crime
scene or remove a vehicle, vessel
or aircraft from the crime scene;
(b) remove from the crime scene
(i) a person who fails to
leave the crime scene
when directed to do so; or
(ii) a vehicle, vessel or
aircraft that a person fails
to remove from the crime
scene when directed to do
so;
(c) direct a person not to enter the
crime scene;
(d) prevent a person from entering
the crime scene;
(e) prevent a person from removing
evidence from, or otherwise
interfering with, the crime scene
or anything in it and, for that
purpose, detain and search the
person;
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 14 Part 2 Police Offences Act 1935 Amended
(f) remove, or cause to be removed,
an obstruction from the crime
scene;
(g) perform any necessary
investigation including, for
example, searching the crime
scene without warrant and
inspecting anything in it to obtain
evidence of the commission of an
offence or crime;
(h) for the purpose of performing any
necessary investigation, conduct
any examination or process;
(i) open anything at the crime scene
whether or not it is locked;
(j) take electricity, gas or any other
utility for use at the crime scene;
(k) direct the occupier of the
premises or a person apparently
involved in the management or
control of the premises to
maintain a continuous supply of
electricity at the premises;
(l) photograph or otherwise record
the crime scene and anything in
it;
(m) seize and detain all or part of a
thing that might provide evidence
of the commission of an offence
or crime;
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 14
(n) dig up anything at the crime
scene;
(o) remove roofing material, wall or
ceiling linings or floors of a
building, or panel linings of a
vehicle;
(p) any other function reasonably
necessary or incidental to a
function conferred by this
subsection.
(2) A person must not fail to comply with a
direction given under subsection (1).
Penalty: Fine not exceeding 80 penalty
units.
(3) A police officer may arrest, without
warrant, a person who fails to comply
with a direction given under
subsection (1).
(4) An authorisation conferred by this
section to seize and retain a thing
includes
(a) the authority to remove the thing
from the crime scene when it is
found; and
(b) the authority to guard the thing in
or on the crime scene.
(5) A police officer may use such force as is
reasonably necessary for the purposes of
21
Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 14 Part 2 Police Offences Act 1935 Amended
exercising an authorisation conferred by
this section.
(6) Nothing in this Division prevents a
police officer who is lawfully on
premises from using an authorisation
referred to in subsection (1) or doing any
other thing if the occupier of the
premises consents.
Division 2 Serious incident sites
63B. Declaration of serious incident site
(1) An officer of or above the rank of
inspector, if of the opinion that because
of the size, nature or location of an
incident it is necessary to exclude
persons from the area of the incident,
may declare the area to be a serious
incident site so as to ensure
(a) public safety; or
(b) the security of evacuated
premises; or
(c) the safety of, prevention of
obstruction of, hindrance of or
interference with emergency
services.
(2) A police officer may establish a serious
incident site in any way that is
reasonably appropriate in the
circumstances.
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 14
(3) The police officer who declares a serious
incident site is to put the declaration in
writing as soon as practicable after
making it and is to give a copy of the
declaration to
(a) the owner or person lawfully in
possession of the place to which
the declaration relates if the place
is not a public place; and
(b) the District Police Commander
responsible for the relevant
region.
(4) A declaration of a serious incident site
remains in force for 7 days unless it is
sooner revoked.
(5) A revocation of a declaration of a serious
incident site
(a) may be made by a police officer
of or above the rank of inspector;
and
(b) is to be put in writing as soon as
practicable after it is made and a
copy given to the persons who
have been given a copy of the
declaration under subsection (3).
(6) Before a declaration of a serious incident
site lapses or is revoked, a police officer
of or above the rank of inspector may re-
declare the site to be a serious incident
site.
23
Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 14 Part 2 Police Offences Act 1935 Amended
(7) A re-declaration of a serious incident site
under subsection (6) may be made one or
more times and subsections (3), (4), (5),
(8) and (9) apply to a re-declaration as if
it were a declaration under those
subsections.
(8) The owner or person lawfully in
possession of the place to which a
declaration of a serious incident site
relates may appeal against the declaration
to the Magistrates Court (Administrative
Appeals Division).
(9) The Magistrates Court (Administrative
Appeals Division) may confirm, amend
or revoke, or add conditions to, a
declaration of a crime scene.
63C. Authority at serious incident site
(1) A police officer is authorised to do any
or all of the following at or in relation to
a serious incident site:
(a) close any road, footpath or other
open space;
(b) direct a person to leave the
serious incident site or remove a
vehicle, vessel or aircraft from
the site;
(c) remove from the serious incident
site
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 2 Police Offences Act 1935 Amended s. 14
(i) a person who fails to
leave the site when
directed to do so; or
(ii) a vehicle, vessel or
aircraft that a person fails
to remove from the site
when directed to do so;
(d) direct a person not to enter the
serious incident site;
(e) prevent a person from entering
the serious incident site;
(f) allow a person to enter or remain
in the serious incident site subject
to such conditions as the officer
considers appropriate;
(g) perform any other function
reasonably necessary or
incidental to a function conferred
by this subsection.
(2) A person must not fail to comply with a
direction given under subsection (1).
Penalty: Fine not exceeding 40 penalty
units.
(3) A police officer may arrest, without
warrant, a person who fails to comply
with a direction given under
subsection (1).
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 14 Part 2 Police Offences Act 1935 Amended
(4) Nothing in this Division prevents a
police officer who is lawfully on
premises from using an authorisation
referred to in subsection (1) or doing any
other thing if the occupier of the
premises consents.
26
Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
Part 3 Forensic Procedures Act 2000 Amended s. 15
PART 3 FORENSIC PROCEDURES ACT 2000
AMENDED
15. Principal Act
In this Part, the Forensic Procedures Act 2000*
is referred to as the Principal Act.
16. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended by
inserting "21," after "13C, " in paragraph (b) of
the definition of "serious offence".
*No. 101 of 2000
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Police Miscellaneous Amendments Bill (No. 2) 2009
Act No. of
s. 17 Part 4 Repeal
PART 4 REPEAL
17. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
28 Government Printer, Tasmania