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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
POLICE OFFENCES AMENDMENT (LASER
POINTERS) BILL 2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 15F inserted
15F. Laser pointers
5. Section 55 amended (Arrest)
6. Repeal of Act
[Bill 65]-II
2
POLICE OFFENCES AMENDMENT (LASER
POINTERS) BILL 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
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:
1. Short title
This Act may be cited as the Police Offences
Amendment (Laser Pointers) Act 2009.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
3. Principal Act
In this Act, the Police Offences Act 1935* is
referred to as the Principal Act.
*No. 44 of 1935
[Bill 65] 3
Police Offences Amendment (Laser Pointers) Act 2009
Act No. of
s. 4
4. Section 15F inserted
Before section 16 of the Principal Act, the
following section is inserted in Division II:
15F. Laser pointers
(1) A person must not, without lawful excuse
(proof of which lies on that person),
possess, carry or use a laser pointer in a
public place.
Penalty: Fine not exceeding 20 penalty
units.
(2) A person must not, without lawful excuse
(proof of which lies on that person), by
means of a laser pointer, intentionally or
recklessly direct a laser beam at any
person, animal or vehicle.
Penalty: Fine not exceeding 20 penalty
units.
(3) Subsections (1) and (2) do not apply to
(a) a police officer acting in the
performance of his or her duties;
or
(b) a State Service employee,
employed in the Department,
acting in the performance of his
or her duties; or
(c) a person, or group of persons,
excluded in writing by the
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Police Offences Amendment (Laser Pointers) Act 2009
Act No. of
s. 4
Commissioner from the
application of those subsections.
(4) A police officer who reasonably suspects
that a person in a public place has
contravened subsection (1) or (2) may,
without a warrant
(a) stop, detain and search the
person; and
(b) stop, detain and search any
vehicle the person is in, any
vehicle the person appears to
have been in or be about to get in
or any vehicle the person appears
to have put anything in.
(5) A police officer who reasonably suspects
that the safety of any person or the safe
operation of any vehicle has been, or is
about to be, put at serious and immediate
risk through the use of a laser pointer
contrary to subsection (2) may, without a
warrant
(a) enter and search any premises
from which the relevant laser
beam appears to have been, or be
about to be, directed and search
any person on those premises; or
(b) stop, detain and search any
vehicle from which the relevant
laser beam appears to have been,
or be about to be, directed and
any person in that vehicle.
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Police Offences Amendment (Laser Pointers) Act 2009
Act No. of
s. 4
(6) For the purposes of subsection (4) or (5),
a police officer
(a) may use reasonable force and
assistance and any available form
of relevant detection technology;
but
(b) must cause no more damage than
is reasonably necessary to find a
suspected laser pointer.
(7) A police officer may seize, deactivate
and detain any laser pointer found in the
course of a search conducted pursuant to
subsection (4) or (5).
(8) For the purposes of this section, a lawful
excuse includes the following:
(a) the pursuit of a lawful
occupation, duty or activity in
which laser pointers have a
generally recognised application;
(b) participation in a lawful sport,
recreation or entertainment in
which laser pointers have a
generally recognised application;
(c) the use of laser pointers for the
specific lawful purpose for which
they were manufactured;
(d) the lawful display or exhibition of
laser pointers;
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Police Offences Amendment (Laser Pointers) Act 2009
Act No. of
s. 4
(e) the use of laser pointers under
and in accordance with a valid
licence under the Radiation
Protection Act 2005;
(f) any excuse prescribed by the
regulations under this Act.
(9) If a person is convicted or found guilty of
an offence under this section, the laser
pointer to which the offence relates is
forfeited to the Crown and may be
disposed of as the Commissioner
determines.
(10) For the purposes of this section
(a) a person who is in a vehicle in a
public place is taken to be in the
public place; and
(b) in determining whether any
article found in the course of a
search is a laser pointer within the
meaning of this section, a police
officer is entitled to disregard
whether, when found, the article
is actively capable of emitting a
laser beam.
(11) In this section
"laser pointer" means a device
designed or adapted to emit a
laser beam capable of being used
for the purposes of aiming,
targeting or pointing;
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Police Offences Amendment (Laser Pointers) Act 2009
Act No. of
s. 5
"vehicle" includes any kind of vessel
or aircraft.
5. Section 55 amended (Arrest)
Section 55(1) of the Principal Act is amended by
omitting paragraph (c) and substituting the
following paragraph:
(c) section 15B, 15C, 15D or 15F; or
6. Repeal of Act
This Act is repealed on the ninetieth day from
the day on which it commences.
8 Government Printer, Tasmania