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TASMANIA
__________
POLICE OFFENCES AMENDMENT BILL
2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 34B amended (Resistance to, and obstruction of,
public officers prohibited)
6. Section 35 amended (Common assault and aggravated
assault on females and children)
7. Section 43 amended (Finding property)
8. Section 55 amended (Arrest)
9. Police Offences Amendment (Public Drunkenness) Act
2000 repealed
[Bill 96]-I
2
POLICE OFFENCES AMENDMENT BILL
2003
(Brought in by the Minister for Police and Public Safety,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend the Police Offences Act 1935
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:
Short title
1. This Act may be cited as the Police Offences
Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Police Offences Act 1935* is referred to
as the Principal Act.
*No. 44 of 1935
[Bill 96] 3
s. 4 No. Police Offences Amendment 2003
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended by omitting
", the Postmaster-General," from the definition of "public
authority".
Section 34B amended (Resistance to, and
obstruction of, public officers prohibited)
5. Section 34B of the Principal Act is amended as follows:
(a) by omitting from subsection (1A) "10" and
substituting "50";
(b) by omitting from subsection (1A) "12 months"
and substituting "2 years";
(c) by omitting from subsection (2A) "5" and
substituting "25";
(d) by omitting from subsection (2A) "6" and
substituting "12".
Section 35 amended (Common assault and
aggravated assault on females and children)
6. Section 35 of the Principal Act is amended as follows:
(a) by omitting from subsection (1A) "5" and
substituting "20";
(b) by omitting from subsection (1A) "6" and
substituting "12";
(c) by omitting from subsection (2) "10" and
substituting "50";
4
2003 Police Offences Amendment No. s. 7
(d) by inserting in subsection (2) "for a term not
exceeding 2 years" after "imprisonment";
(e) by omitting from subsection (3) "20" and
substituting "50";
(f) by inserting in subsection (3) "for a term not
exceeding 2 years" after "imprisonment".
Section 43 amended (Finding property)
7. Section 43 of the Principal Act is amended as follows:
(a) by inserting in subsection (4) "or a police
officer of or above the rank of inspector" after
"a justice";
(b) by inserting in subsection (6) "or a police
officer of or above the rank of inspector" after
"satisfies a justice".
Section 55 amended (Arrest)
8. Section 55 of the Principal Act is amended as follows:
(a) by omitting from subsection (2B) "land without
the consent of its owner or occupier or the
person in charge of it" and substituting "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 inserting in subsection (2C)(a) ", building,
structure, premises, aircraft, vehicle or vessel"
after "land";
5
s. 9 No. Police Offences Amendment 2003
(c) by inserting in subsection (2C)(b) ", building,
structure, premises, aircraft, vehicle or vessel"
after "land".
Police Offences Amendment (Public Drunkenness)
Act 2000 repealed
9. The Police Offences Amendment (Public Drunkenness)
Act 2000 is repealed.
6 Government Printer, Tasmania