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TASMANIA
__________
POLICE POWERS (PUBLIC SAFETY) BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. What is a terrorist act?
PART 2 POLICE POWERS
Division 1 Authorisation to exercise powers
5. Authorisation of powers to ensure the safety of persons attending
events from a terrorist act
6. Authorisation of additional powers to ensure the safety of
persons attending events from a terrorist act
7. Authorisation of powers to protect a special site or area from a
terrorist act
8. Authorisation of additional powers to protect a special site or
area from a terrorist act
9. Authorisation of powers to prevent, or reduce the impact of, a
terrorist act
10. Authorisation of powers relating to the investigation of, or
recovery from, a terrorist act
11. Extension of authorisations under section 6, 8, 9 or 10
12. Persons, vehicles or areas designated by authorisation
[Bill 88]-I
13. How interim authorisation may be given
14. Duration of authorisation
15. Interim authorisation not open to challenge
16. Exercise of powers by police officers, &c.
Division 2 Police powers
17. Power to obtain disclosure of identity
18. Power to conduct ordinary search
19. Power to search vehicles
20. Power to move vehicles
21. Power to cordon around designated area
Division 3 Additional police powers
22. Power to conduct additional search
23. Power to enter and search premises
24. Power to give directions to public bodies
PART 3 MISCELLANEOUS
25. Seizing and detaining things
26. Offence to obstruct or hinder search or other powers
27. Supplying police officer's details and other information
28. Assistance to exercise powers
29. Offence to not obey orders by police officer
30. Closure of Supreme Court and restriction on publication of
proceedings
31. Annual report
32. Regulations
33. Administration of Act
34. Expiry of Act
2
POLICE POWERS (PUBLIC SAFETY) BILL 2005
(Brought in by the Premier, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to authorise police officers to stop and search
persons and vehicles, to question persons and to seize
things for the purposes of public safety and for related
matters
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 Powers
(Public Safety) Act 2005.
2. Commencement
This Act commences on a day to be proclaimed.
3. Interpretation
(1) In this Act, unless the contrary intention
appears
[Bill 88] 3
s. 3 No. Police Powers (Public Safety) 2005
"authorisation" means an authorisation
issued by the Commissioner of Police or
the Supreme Court under Division 1 of
Part 2;
"designated area" means an area described
as such in an authorisation;
"designated person" means a person
described as such in an authorisation;
"designated vehicle" means a vehicle
described as such in an authorisation;
"essential service" means any of the
following services:
(a) transport;
(b) fuel;
(c) light;
(d) power;
(e) water;
(f) sewerage;
(g) any other prescribed service
(whether or not of a type similar
to the services included in
paragraphs (a) to (f));
"premises" includes
(a) land and a structure, building,
caravan, vehicle or vessel,
whether temporary or not and
whether under construction or
not; and
4
2005 Police Powers (Public Safety) No. s. 3
(b) a place, whether enclosed or built
on or not and whether on, within,
over or under land or water; and
(c) a part of premises, including
premises referred to in
paragraph (a) or (b);
"record" means any record of information,
irrespective of how the information is
recorded or stored or able to be
recovered, and includes
(a) any thing from which images,
sounds or writings can be
reproduced, with or without the
aid of anything else; and
(b) any thing on which information is
recorded or stored, whether
electronically, magnetically,
mechanically or by some other
means;
"serious indictable offence" means an
indictable offence the penalty for which,
specified by a written law, is or includes
imprisonment for a term of 5 years or
more or for life;
"special site or area" means
(a) the site of an airport, bus or coach
station or interchange, train
station or ship or ferry terminal;
or
(b) an area where persons gather in
large numbers; or
5
s. 4 No. Police Powers (Public Safety) 2005
(c) part of an essential service
located in a particular area;
"terrorist act" has the meaning given to that
term by section 4;
"vehicle" means any thing capable of
transporting people or things by air, road,
rail or water, regardless of how the thing
is moved or propelled.
(2) A note in the text of this Act does not form part
of this Act.
4. What is a terrorist act?
(1) In this Act
"terrorist act" means an action or threat of
action where
(a) the action falls within
subsection (2) and does not fall
within subsection (3); and
(b) the action is done or the threat is
made with the intention of
advancing a political, religious or
ideological cause; and
(c) the action is done or the threat is
made with the intention of
(i) coercing, or influencing
by intimidation, the
government of the
Commonwealth or a
State, Territory or foreign
country, or of part of a
6
2005 Police Powers (Public Safety) No. s. 4
State, Territory or foreign
country; or
(ii) intimidating the public or
a section of the public.
(2) Action falls within this subsection if it
(a) causes serious harm that is physical harm
to a person; or
(b) causes serious damage to property; or
(c) causes a person's death; or
(d) endangers a person's life, other than the
life of the person taking the action; or
(e) creates a serious risk to the health or
safety of the public or a section of the
public; or
(f) seriously interferes with, seriously
disrupts, or destroys, an electronic
system including, but not limited to
(i) an information system; or
(ii) a telecommunications system; or
(iii) a financial system; or
(iv) a system used for the delivery of
essential government services; or
(v) a system used for, or by, an
essential public utility; or
(vi) a system used for, or by, a
transport system.
7
s. 4 No. Police Powers (Public Safety) 2005
(3) Action falls within this subsection if it
(a) is advocacy, protest, dissent or industrial
action; and
(b) is not intended
(i) to cause serious harm that is
physical harm to a person; or
(ii) to cause a person's death; or
(iii) to endanger the life of a person,
other than the person taking the
action; or
(iv) to create a serious risk to the
health or safety of the public or a
section of the public.
Note: The above definition is in the same terms as that inserted
into Part 5.3 of the Commonwealth Criminal Code by a
Commonwealth Act based on the reference to the Parliament of the
Commonwealth of certain matters relating to terrorist acts made by
the Terrorism (Commonwealth Powers) Act 2002.
8
2005 Police Powers (Public Safety) No. s. 5
PART 2 POLICE POWERS
Division 1 Authorisation to exercise powers
5. Authorisation of powers to ensure the safety of
persons attending events from a terrorist act
(1) The Commissioner of Police may, with the
written approval of the Premier, authorise the
exercise of the powers under Division 2 if the
Commissioner is satisfied
(a) that an event is taking place in Tasmania
or is likely to take place in Tasmania in
the near future; and
(b) that the event involves, or is likely to
involve, the attendance of prominent
persons or of a large number of people;
and
(c) on reasonable grounds that the event
because of its nature might be at risk of a
terrorist act; and
(d) that the giving of an authorisation
designating
(i) the area in which the event is
taking place or is likely to take
place; or
(ii) any other area in which an
activity connected with the event
is taking place or is likely to take
place
9
s. 6 No. Police Powers (Public Safety) 2005
is necessary to ensure the safety of
persons attending the event from a
terrorist act.
(2) An authorisation must
(a) state that it is given under this Act; and
(b) describe the general nature of the event
to which it applies; and
(c) describe any area, person or vehicle
designated by the authorisation; and
(d) specify the date on which and time at
which it begins to have effect; and
(e) specify the date on which and time at
which it ceases to have effect, not being
later than 24 hours after the scheduled
completion time of the event.
Note: The period for which an authorisation has effect may be
extended, or further extended, under section 11.
6. Authorisation of additional powers to ensure the
safety of persons attending events from a terrorist
act
(1) The Commissioner of Police may, with the
approval in writing of the Premier, apply to the
Supreme Court for an order authorising the
exercise of powers under Division 3 in relation
to an event referred to in section 5.
(2) An application under subsection (1) must
(a) be made in writing; and
10
2005 Police Powers (Public Safety) No. s. 6
(b) describe the event in respect of which the
application is being made; and
(c) set out the facts and other grounds on
which the Commissioner of Police
considers that there are reasonable
grounds for suspecting that the event
might be the subject of a terrorist act; and
(d) explain why the giving of an
authorisation to exercise powers under
Division 3 in relation to the designated
area is necessary to ensure the safety of
persons attending the event from a
terrorist act; and
(e) specify the powers under Division 3 that,
in the opinion of the Commissioner of
Police, are reasonably necessary to
ensure the safety of any person or
persons attending the event; and
(f) describe any area, person or vehicle that
is to be designated by an authorisation.
(3) The information in the application must be
sworn by the Commissioner of Police.
(4) The Supreme Court may require the
Commissioner of Police to provide any
additional information that the Court requires in
relation to the application.
(5) The Supreme Court may, by order, give an
authorisation for the exercise of powers under
Division 3 if satisfied, on reasonable grounds,
that the granting of the authorisation is
reasonably necessary to ensure the safety of
persons attending the event.
11
s. 6 No. Police Powers (Public Safety) 2005
(6) An authorisation must
(a) state that it is given under this Act; and
(b) describe the general nature of the event
to which it applies; and
(c) describe any area, person or vehicle
designated by the authorisation; and
(d) specify which of the powers under
Division 3 may be exercised; and
(e) specify the date on which and time at
which it begins to have effect; and
(f) specify the date on which and time at
which it ceases to have effect, not being
later than 24 hours after the scheduled
completion time of the event.
Note: The period for which an authorisation has effect may be
extended, or further extended, under section 11.
(7) If, on an application under subsection (1) the
Supreme Court considers it desirable to do so, it
may make an interim order giving an
authorisation pending the hearing and final
determination of the application.
(8) If the Supreme Court makes an interim order, it
must specify a day on which, and time at which,
the hearing of the application is to be resumed.
(9) On finally determining an application following
the making of an interim order, the Supreme
Court may
(a) confirm the order without variation or
vary
12
2005 Police Powers (Public Safety) No. s. 7
(i) the additional powers that may be
exercised; or
(ii) the time or date when the order
ceases to have effect; or
(b) revoke the order if not satisfied as
mentioned in subsection (5).
7. Authorisation of powers to protect a special site or
area from a terrorist act
(1) The Commissioner of Police may, with the
written approval of the Premier, authorise the
exercise of the powers under Division 2 if the
Commissioner is satisfied
(a) on reasonable grounds that a special site
or area might be at risk of a terrorist act;
and
(b) that the giving of an authorisation
designating the special site or area is
necessary
(i) to assist in protecting the site or
area, or part of the site or area, or
persons in the vicinity of the site
or area from a terrorist act; or
(ii) to mitigate the effects of a
terrorist act on the site or area, or
part of the site or area, or on
persons in the vicinity of the site
or area; or
13
s. 8 No. Police Powers (Public Safety) 2005
(iii) for the recovery of the site or
area, or part of the site or area,
from the effects of a terrorist act.
(2) An authorisation must
(a) state that it is given under this Act; and
(b) describe any special site or area, person
or vehicle designated by the
authorisation; and
(c) specify the date on which and time at
which it begins to have effect; and
(d) specify the date on which and time at
which it ceases to have effect.
8. Authorisation of additional powers to protect a
special site or area from a terrorist act
(1) The Commissioner of Police may, with the
written approval of the Premier, apply to the
Supreme Court for an order authorising the
exercise of powers under Division 3 in relation
to a special site or area designated by an
authorisation under section 7.
(2) An application under subsection (1) must
(a) be made in writing; and
(b) describe the special site or area, person
or vehicle and define the boundaries of
the special site or area in respect of
which the application is being made; and
(c) set out the facts and other grounds on
which the Commissioner of Police
14
2005 Police Powers (Public Safety) No. s. 8
considers that there are reasonable
grounds for suspecting that the special
site or area might be the subject of a
terrorist act; and
(d) explain why the giving of an
authorisation to exercise powers under
Division 3 in relation to the special site
or area is necessary to protect the special
site or area from a terrorist act; and
(e) specify the powers under Division 3 that,
in the opinion of the Commissioner of
Police, are reasonably necessary
(i) to assist in protecting the special
site or area, or part of the site or
area, or persons in the vicinity of
the site or area from a terrorist
act; or
(ii) to mitigate the effects of a
terrorist act on the special site or
area, or part of the site or area, or
on persons in the vicinity of the
site or area; or
(iii) for the recovery of the special site
or area, or part of the site or area
from the effects of a terrorist act.
(3) The information in the application must be
sworn by the Commissioner of Police.
(4) The Supreme Court may require the
Commissioner of Police to provide any
additional information that the Court requires in
relation to the application.
15
s. 8 No. Police Powers (Public Safety) 2005
(5) The Supreme Court may, by order, give an
authorisation for the exercise of powers under
Division 3 if satisfied on reasonable grounds,
that the granting of the authorisation is
reasonably necessary
(a) to assist in protecting the special site or
area, or part of the site or area, or on
persons in the vicinity of the site or area
from a terrorist act; or
(b) to mitigate the effects of a terrorist act on
the special site or area, or part of the site
or area, or on persons in the vicinity of
the site or area; or
(c) for the recovery of the special site or
area, or part of the site or area from the
effects of a terrorist act.
(6) An authorisation must
(a) state that it is given under this Act; and
(b) describe any special site or area, person
or vehicle designated by the
authorisation; and
(c) specify which of the powers under
Division 3 may be exercised; and
(d) specify the date on which and time at
which it begins to have effect; and
(e) specify the date on which and time at
which it ceases to have effect.
(7) If on an application under subsection (1) the
Supreme Court considers it desirable to do so, it
may make an interim order giving an
16
2005 Police Powers (Public Safety) No. s. 9
authorisation pending the hearing and final
determination of the application.
(8) If the Supreme Court makes an interim order, it
must specify a day on which, and time at which,
the hearing of the application is to be resumed.
(9) On finally determining an application following
the making of an interim order, the Supreme
Court may
(a) confirm the order without variation or
vary
(i) the powers that may be exercised;
or
(ii) the time or date when the order
ceases to have effect; or
(b) revoke the order if not satisfied as
mentioned in subsection (5).
9. Authorisation of powers to prevent, or reduce the
impact of, a terrorist act
(1) An interim authorisation for the exercise of
powers under Divisions 2 and 3 may be given by
the Commissioner of Police, with the written
approval of the Premier, if the Commissioner of
Police
(a) is satisfied on reasonable grounds that a
terrorist act is occurring or that there is a
threat of a terrorist act occurring within
the next 14 days; and
(b) is satisfied that the exercise of those
powers will substantially assist in
17
s. 9 No. Police Powers (Public Safety) 2005
(i) preventing the terrorist act; or
(ii) reducing the impact of the
terrorist act, or of the threat of a
terrorist act, on the health or
safety of the public or on
property.
(2) The Commissioner of Police must, if he or she
considers that an authorisation to exercise
powers under Division 3 should have effect for a
period in excess of 72 hours, make an
application to the Supreme Court for an
authorisation under this section.
(3) Without an interim authorisation having been
given, the Commissioner of Police may make an
application to the Supreme Court for an
authorisation to exercise powers under
Division 3 in relation to a terrorist act that is
occurring or the threat of a terrorist act.
(4) An application under subsection (2) or (3)
must
(a) be made in writing; and
(b) set out the facts and other grounds on
which the Commissioner of Police
considers that a terrorist act is occurring
or that there is a threat of a terrorist act
occurring within the next 14 days; and
(c) explain how the exercise of powers under
Division 3 will substantially assist in
(i) preventing the terrorist act; or
(ii) reducing the impact of the
terrorist act, or of the threat of a
18
2005 Police Powers (Public Safety) No. s. 9
terrorist act, on the health or
safety of the public or on
property.
(5) The information in an application under
subsection (2) or (3) must be sworn by the
Commissioner of Police.
(6) The Supreme Court may require the
Commissioner of Police to provide any
additional information that the Court requires in
relation to the application.
(7) On an application under subsection (2) or (3),
the Supreme Court may, by order
(a) if satisfied, on reasonable grounds, as
mentioned in subsection (1)(a) and (b),
give an authorisation for the exercise of
powers under Division 3 and revoke any
interim authorisation given by the
Commissioner of Police that has effect;
or
(b) revoke any interim authorisation which
authorises the exercise of powers under
Division 3 that has effect if not so
satisfied.
(8) The terms of an authorisation given by the
Supreme Court may be the same as, or different
from, the terms of any interim authorisation
given by the Commissioner of Police.
(9) If on an application under subsection (3) the
Supreme Court considers it desirable to do so, it
may make an interim order giving an
authorisation pending the hearing and final
determination of the application.
19
s. 10 No. Police Powers (Public Safety) 2005
(10) If the Supreme Court makes an interim order, it
must specify a day on which, and time at which,
the hearing of the application is to be resumed.
(11) On finally determining an application following
the making of an interim order, the Supreme
Court may
(a) confirm the order with or without
variation; or
(b) revoke the order if not satisfied as
mentioned in subsection (7)(a).
10. Authorisation of powers relating to the investigation
of, or recovery from, a terrorist act
(1) An interim authorisation for the exercise of
powers under Divisions 2 and 3 may be given by
the Commissioner of Police, with the written
approval of the Premier, if the Commissioner of
Police
(a) is satisfied that there are reasonable
grounds for believing that a terrorist act
has occurred or is occurring; and
(b) is satisfied that the exercise of those
powers will substantially assist in
(i) apprehending persons responsible
for the terrorist act; or
(ii) the investigation of the terrorist
act, including the preservation of
evidence of, or relating to, the
terrorist act; or
20
2005 Police Powers (Public Safety) No. s. 10
(iii) the necessary recovery process
for the community in the
aftermath of the terrorist act.
(2) The Commissioner of Police must, if he or she
considers that an authorisation to exercise
powers under Division 3 should have effect for a
period in excess of 72 hours, make an
application to the Supreme Court for an
authorisation under this section.
(3) Without an interim authorisation having been
given, the Commissioner of Police may, with the
written approval of the Premier, make an
application to the Supreme Court for an
authorisation to exercise powers under
Division 3 in relation to a terrorist act that has
occurred or is occurring.
(4) An application under subsection (2) or (3)
must
(a) be made in writing; and
(b) set out the facts and other grounds on
which the Commissioner of Police
considers that a terrorist act has occurred,
or is occurring; and
(c) explain how the exercise of powers under
Division 3 will substantially assist in
(i) apprehending the persons
responsible for the terrorist act; or
(ii) the investigation of the terrorist
act, including the preservation of
evidence of, or relating to, the
terrorist act; or
21
s. 10 No. Police Powers (Public Safety) 2005
(iii) the necessary recovery process
for the community in the
aftermath of the terrorist act.
(5) The information in an application under
subsection (2) or (3) must be sworn by the
Commissioner of Police.
(6) The Supreme Court may require the
Commissioner of Police to provide any
additional information that the Court requires in
relation to the application.
(7) On an application under subsection (2) or (3),
the Supreme Court may, by order
(a) if satisfied, on reasonable grounds, as
mentioned in subsection (1)(a) and (b),
give an authorisation for the exercise of
powers under Division 3 and revoke any
interim authorisation given by the
Commissioner of Police that has effect;
or
(b) revoke any interim authorisation which
authorises the exercise of powers under
Division 3 that has effect if not so
satisfied.
(8) The terms of an authorisation given by the
Supreme Court may be the same as, or different
from, the terms of any interim authorisation
given by the Commissioner of Police.
(9) If on an application under subsection (3) the
Supreme Court considers it desirable to do so, it
may make an interim order giving an
authorisation pending the hearing and final
determination of the application.
22
2005 Police Powers (Public Safety) No. s. 11
(10) If the Supreme Court makes an interim order, it
must specify a day on which, and time at which,
the hearing of the application is to be resumed.
(11) On finally determining an application following
the making of an interim order, the Supreme
Court may
(a) confirm the order with or without
variation; or
(b) revoke the order if not satisfied as
mentioned in subsection (7)(a).
11. Extension of authorisations under section 6, 8, 9 or
10
(1) If
(a) an authorisation is given by the Supreme
Court under section 6, 8, 9 or 10; and
(b) the authorisation has effect
the Commissioner of Police may, with the
written approval of the Premier, apply to the
Supreme Court
(c) for an extension, or a further extension,
of the period for which the authorisation
has effect; or
(d) for an order authorising the exercise of
powers under Division 3 which were not
authorised under an order or a previous
extension of an order made under
section 6, 8, 9 or 10.
(2) The application must
23
s. 12 No. Police Powers (Public Safety) 2005
(a) be made in writing; and
(b) set out the facts and other grounds on
which the Commissioner of Police
considers that the extension, or further
extension, is, or powers sought are,
reasonably necessary to ensure the
achievement of the objective of the
authorisation.
(3) The information in the application must be
sworn by the Commissioner of Police.
(4) The Supreme Court may, by order, extend or
further extend the period for which the
authorisation has effect or authorise the powers
sought if it is satisfied that the extension, further
extension, or authorisation of the powers sought
is reasonably necessary to ensure the
achievement of the objective of the
authorisation.
12. Persons, vehicles or areas designated by
authorisation
(1) Except as otherwise provided by this Act, an
authorisation may authorise the exercise of
powers under Division 2 or 3 in relation to any
or all of the following:
(a) particular persons named or described in
the authorisation;
(b) particular vehicles, or vehicles of a
particular kind, described in the
authorisation;
24
2005 Police Powers (Public Safety) No. s. 13
(c) particular areas described in the
authorisation.
(2) Without limiting subsection (1)(a), a person may
be described by the use of a photograph or
drawing.
13. How interim authorisation may be given
(1) This section applies to an interim authorisation
given by the Commissioner of Police in
accordance with this Part.
(2) An authorisation may be given orally or by
instrument in writing.
(3) If the authorisation is given orally, it must be
confirmed by instrument in writing as soon as it
is reasonably practicable to do so and, in any
event, before an application is made to the
Supreme Court in respect of the matter.
(4) An authorisation must
(a) state that it is given under this Act; and
(b) describe the general nature of the
terrorist act or threat of terrorist act to
which it applies; and
(c) name or describe the persons, vehicles or
areas designated by the authorisation;
and
(d) specify the powers under Division 2 or 3
that may be exercised under the
authorisation; and
25
s. 14 No. Police Powers (Public Safety) 2005
(e) specify the date on which and time at
which it begins to have effect; and
(f) specify the date on which and time at
which it ceases to have effect.
14. Duration of authorisation
(1) An authorisation has effect, unless sooner
revoked, during the period beginning when it is
given (or at such later time or date as is specified
in the authorisation) and ending at the time and
on the date specified in the authorisation.
(2) The period for which an authorisation has effect
must not exceed
(a) in the case of an interim authorisation for
the exercise of powers under Division 3
given by the Commissioner of Police
under section 9 or 10, 72 hours; or
(b) in the case of an authorisation for the
exercise of powers under Division 3
given by the Supreme Court under
section 9 or 10, 14 days; or
(c) in the case of an authorisation given by
the Commissioner under section 7 or the
Supreme Court under section 8, 12
months.
(3) The Commissioner of Police may at any time
revoke an interim authorisation given by him or
her.
(4) The cessation of an authorisation (by revocation
or otherwise) does not affect anything lawfully
26
2005 Police Powers (Public Safety) No. s. 15
done in reliance on the authorisation before it
ceased to have effect.
(5) The cessation of an authorisation does not
prevent a further authorisation being given.
15. Interim authorisation not open to challenge
(1) An interim authorisation or purported interim
authorisation given by the Commissioner of
Police (and any decision or purported decision of
the Premier or the Commissioner of Police with
respect to such an interim authorisation or
purported interim authorisation) is not liable to
be challenged, appealed against, reviewed,
quashed or called in question in any court or
tribunal on any account or before any person
acting judicially.
(2) Without limiting subsection (1), no proceedings
seeking the grant of any relief or remedy may be
brought against the Premier or the Commissioner
of Police in respect of an interim authorisation or
purported interim authorisation given by the
Commissioner of Police or any decision or
purported decision of the Premier or the
Commissioner of Police with respect to such an
interim authorisation or purported interim
authorisation.
16. Exercise of powers by police officers, &c.
(1) The powers under Divisions 2 and 3 that are
specified in an authorisation may be exercised
by any police officer or, subject to
subsection (3), by any other person assisting the
27
s. 17 No. Police Powers (Public Safety) 2005
police officer in that exercise and acting under
the direction and control of the police officer.
(2) A police officer may exercise those powers
whether or not he or she has been provided with
a copy of the authorisation.
(3) A person assisting a police officer is not
authorised to conduct a strip search of a person.
(4) It is lawful for a police officer exercising a
power under this Act in relation to a person or a
thing, and anyone assisting the police officer, to
use such force as is reasonably necessary to
exercise the power.
Division 2 Police powers
17. Power to obtain disclosure of identity
(1) A police officer may request a person whose
identity is unknown to the police officer to
disclose his or her identity if
(a) the police officer suspects on reasonable
grounds that the person is a designated
person (or the person is found in the
company of a designated person); or
(b) the person is in or on a vehicle that the
police officer suspects on reasonable
grounds is a designated vehicle; or
(c) the person is in an area that is a
designated area.
(2) A person who is so requested to disclose his or
her identity must not, without reasonable excuse,
fail or refuse to comply with the request.
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2005 Police Powers (Public Safety) No. s. 18
Penalty: Fine not exceeding 20 penalty units.
(3) A person who is so requested to disclose his or
her identity must not, without reasonable excuse,
in response to any such request
(a) give a name that is false in a material
particular; or
(b) give an address other than the person's
full and correct address.
Penalty: Fine not exceeding 20 penalty units.
(4) A police officer making a request under
subsection (1) may arrest, without warrant, a
person who fails or refuses to comply with that
request or who, in response to the request, gives
a name or address that the police officer has
reason to believe is false.
(5) A police officer may request a person who is
requested under this section to disclose his or her
identity to provide proof of his or her identity.
(6) A police officer may detain a person for so long
as is reasonably necessary for the purposes of
this section.
18. Power to conduct ordinary search
(1) In this section
"electronic metal detention device" means
an electronic device that is capable of
detecting the presence of metallic
objects;
"ordinary search" means
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s. 18 No. Police Powers (Public Safety) 2005
(a) a search of a person conducted
by
(i) running hands over the
person's outer clothing; or
(ii) passing an electronic
metal detection device
over or in close proximity
to the person's outer
clothing; or
(iii) requiring the person to
pass through such a
device; or
(iv) requiring the person to
turn out his or her
pockets; and
(b) the examination of any thing
worn or carried by, or in the
control or possession of, the
person that is conveniently
removed including
(i) an examination conducted
by passing an electronic
metal detection device
over or in close proximity
to that thing; or
(ii) passing the thing through
such a device; or
(iii) searching through any
bag, basket or other
receptacle; or
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2005 Police Powers (Public Safety) No. s. 19
(iv) moving, and if it is
considered necessary,
removing and searching
through the contents of
any pocket, bag, basket or
other receptacle.
(2) A police officer may, without warrant, stop and
conduct an ordinary search of a person or any
thing in the possession of or under the control of
the person, if
(a) the police officer suspects on reasonable
grounds that the person is a designated
person or the person is in the company of
a designated person; or
(b) the person is in or on a vehicle that the
police officer suspects on reasonable
grounds is a designated vehicle; or
(c) the person is in an area that is a
designated area.
19. Power to search vehicles
(1) A police officer may, without a warrant, stop and
search a vehicle, and anything in or on the
vehicle, if
(a) the police officer suspects on reasonable
grounds that the vehicle is a designated
vehicle; or
(b) the police officer suspects on reasonable
grounds that a person in or on the vehicle
is a designated person; or
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s. 20 No. Police Powers (Public Safety) 2005
(c) the vehicle is in an area that is a
designated area.
(2) A police officer may detain a vehicle for so long
as is reasonably necessary to conduct a search
under this section.
(3) A police officer may direct the person driving or
in charge of a vehicle searched under this section
not to take the vehicle into, to remove the
vehicle from, or keep the vehicle in, an area that
is a designated area.
20. Power to move vehicles
(1) A police officer may move or cause to be moved
a vehicle which is parked or left standing in an
area that is a designated area if, in the opinion of
the police officer, the vehicle is
(a) a danger to other vehicles or persons in
that area; or
(b) causing or likely to cause traffic
congestion in that area; or
(c) hindering the exercise of powers under
this Act in that area.
(2) A police officer acting in accordance with this
section may
(a) enter a vehicle using, if necessary,
reasonable force, for the purpose of
conveniently or expeditiously moving it;
and
(b) move the vehicle, or cause it to be
moved, to the nearest convenient place.
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2005 Police Powers (Public Safety) No. s. 21
21. Power to cordon around designated area
(1) A police officer may direct a person or group of
persons not to enter, or to leave or to remain in,
an area that is a designated area whether or not a
cordon has been placed around the area.
(2) A police officer may, for the purposes of
stopping and searching under this Part persons,
vehicles or premises in a designated area, place a
cordon around the designated area or any part of
it.
(3) A cordon may include any form of physical
barrier, including a roadblock on any road that is
in or in the vicinity of the designated area.
(4) In order to cordon off an area, the police officer
must take reasonable steps to notify people of
the existence and boundaries of the area.
(5) The area cordoned off must not be greater than is
reasonably necessary for the purposes for which
it is established.
(6) While an area is cordoned off, a police officer
must remain near the area and may take
reasonable measures, including giving orders
(a) to preserve the evidentiary value of the
area or any thing in the area; and
(b) to secure the area against unauthorised
disturbance; and
(c) to prevent an unauthorised person,
animal or vehicle from disturbing the
area; and
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(d) to restrict entry to the area to people,
animals, and vehicles, that are
authorised; and
(e) to remove an unauthorised person,
animal or vehicle from the area; and
(f) if the area is established in or around a
vehicle, to prevent the vehicle from being
moved.
(7) An unauthorised person who, without reasonable
excuse (the onus of proving which is on the
person), enters a cordoned-off area is guilty of
an offence.
Penalty: Fine not exceeding 100 penalty units
and imprisonment for a term not
exceeding 12 months.
(8) An unauthorised person who, without reasonable
excuse (the onus of proving which is on the
person), disturbs any thing in a cordoned-off
area is guilty of an offence.
Penalty: Fine not exceeding 100 penalty units
and imprisonment for a term not
exceeding 12 months.
(9) A police officer may arrest without warrant an
unauthorised person who enters a cordoned-off
area or disturbs any thing in a cordoned-off area.
(10) In this section
"authorised", in relation to a cordoned-off
area, means authorised by a police officer
in attendance at the area;
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2005 Police Powers (Public Safety) No. s. 22
"disturb" includes damage, destroy, interfere
with and remove.
Division 3 Additional police powers
22. Power to conduct additional search
(1) In this section
"body cavity" means rectum or vagina;
"strip search" means a search, other than a
body cavity search, in which the person
searched is required to remove most or
all of his or her clothes.
(2) A police officer may without warrant conduct a
strip search of the person if
(a) the person is suspected of being a
designated person; and
(b) the police officer believes on reasonable
grounds that it is necessary to conduct a
strip search of that person for the
purposes of the search and that the
seriousness and urgency of the
circumstances require a strip search to be
conducted.
(3) A police officer may detain a person for so long
as is reasonably necessary to conduct a search
under this section.
(4) Where a police officer detains a person for the
purpose of a search under this section, the
following provisions apply:
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s. 23 No. Police Powers (Public Safety) 2005
(a) if it is proposed to conduct a strip search,
the search is to be conducted by an
officer of the same sex as the person
searched or by a person of the same sex
under the direction of a police officer;
(b) if the search involves the application of
force to the person, the police officer
must give the Commissioner of Police a
written report about the search within 7
days, including particulars of the
circumstances that gave rise to the
application of force.
23. Power to enter and search premises
(1) A police officer may, without a warrant, enter
and search any premises if
(a) the police officer suspects on reasonable
grounds that a person who is a
designated person may be on the
premises; or
(b) the police officer suspects on reasonable
grounds that a vehicle that is a
designated vehicle may be on the
premises; or
(c) the premises are in an area that is a
designated area.
(2) The police officer must do as little damage as
possible.
(3) A police officer may direct a person to leave, or
not to leave, any premises entered and searched
under this Act.
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2005 Police Powers (Public Safety) No. s. 24
24. Power to give directions to public bodies
(1) The Commissioner of Police may, for the
purposes of facilitating the exercise of the
powers conferred by this Act, give a public body
directions with respect to the exercise of the
powers or performance of functions of the public
body.
(2) The public body is authorised and required to
comply with this direction.
(3) In this section
"public body" means
(a) a State Service Agency; or
(b) a body, whether corporate or
unincorporate, that is established
by or under an Act for a public
purpose; or
(c) a body whose members or a
majority of whose members are
appointed by the Governor or a
Minister of the Crown; or
(d) a Government Business
Enterprise within the meaning of
the Government Business
Enterprises Act 1995; or
(e) a State-owned company; or
(f) a prescribed body;
"State-owned company" means a company
incorporated under the Corporations Act
that is controlled by the Crown, a
37
s. 24 No. Police Powers (Public Safety) 2005
Government Business Enterprise or a
statutory authority, or any company that
is so controlled;
"statutory authority" means a body or
authority, whether incorporated or not,
that is established or constituted by or
under an Act or under the Royal
Prerogative, being a body or authority
which, or of which, the governing
authority wholly or partly comprises a
person or persons appointed by the
Governor, a Minister or another statutory
authority, but does not include a State
Service Agency.
38
2005 Police Powers (Public Safety) No. s. 25
PART 3 MISCELLANEOUS
25. Seizing and detaining things
(1) A police officer may, in connection with a
search under this Act, seize and detain
(a) all or part of a thing (including a vehicle)
that the police officer suspects on
reasonable grounds may be used, or may
have been used, to commit a terrorist act;
or
(b) all or part of a thing (including a vehicle)
that the police officer suspects on
reasonable grounds may provide
evidence of the commission of a serious
indictable offence (whether or not related
to a terrorist act).
(2) A power conferred by this section to seize and
detain a thing includes
(a) a power to remove a thing from the place
where it is found; and
(b) a power to guard the thing in or on the
place where it is found.
(3) A police officer who has seized and detained a
thing under this section must take reasonable
steps to return the thing to the person from
whom it was seized if
(a) that person may lawfully possess the
thing; and
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s. 26 No. Police Powers (Public Safety) 2005
(b) the thing is no longer required for
investigative or evidentiary purposes in
relation to an offence.
(4) A thing seized or detained under this section that
is
(a) no longer required for investigative or
evidentiary purposes in relation to an
offence; and
(b) not required under subsection (3) to be
returned to the person from whom it was
seized
is forfeited to the Crown and may be disposed of
in any manner that the Commissioner of Police
thinks fit.
26. Offence to obstruct or hinder search or other
powers
A person must not, without reasonable excuse
(a) obstruct or hinder a police officer in the
exercise of a power under this Act to stop
and search a person or vehicle, to enter
and search premises or to seize and
detain a thing; or
(b) fail to comply with a direction given by a
police officer in the exercise of a power
under this Act to give that direction.
Penalty: Fine not exceeding 100 penalty units
or imprisonment for a term not
exceeding 12 months, or both.
40
2005 Police Powers (Public Safety) No. s. 27
27. Supplying police officer's details and other
information
(1) A police officer must, before or at the time of
exercising a power under this Act, or as soon as
is reasonably practicable after exercising the
power, provide the person subject to the exercise
of the power with the following if requested to
do so:
(a) evidence that he or she is a police officer
(unless the police officer is in uniform);
(b) the name of the police officer and his or
her place of duty;
(c) the reason for the exercise of the power.
(2) The Commissioner of Police is to arrange for a
written statement to be provided, on request
made within 12 months after the search, to a
person who was searched, or whose vehicle or
premises were searched, under this Act stating
that the search was conducted in pursuance of
this Act.
28. Assistance to exercise powers
(1) A police officer who may exercise a power
under this Act may authorise as many other
persons to assist in exercising the power as are
reasonably necessary in the circumstances.
(2) A person so authorised may exercise the power
or assist the police officer or other person to
exercise the power, as the case requires.
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s. 29 No. Police Powers (Public Safety) 2005
(3) Whether requested to do so or not, a person may
assist a police officer to exercise a power in this
Act if the person reasonably suspects that the
officer
(a) is lawfully entitled to exercise the power;
and
(b) needs assistance for the purpose of doing
so.
(4) A person who under this clause is authorised by
a police officer to exercise a power, or is
assisting a police officer to exercise a power,
must obey any lawful and reasonable directions
of the officer when exercising, or assisting to
exercise, the power.
29. Offence to not obey orders by police officer
(1) A person who, without reasonable excuse (the
onus of proving which is on the person), does
not comply with an order given by a police
officer under this Act is guilty of an offence.
Penalty: Fine not exceeding 100 penalty units
and imprisonment for a term not
exceeding 12 months.
(2) A police officer who gives an order under this
Act may arrest, without warrant, a person who
fails or refuses to comply with that order.
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2005 Police Powers (Public Safety) No. s. 30
30. Closure of Supreme Court and restriction on
publication of proceedings
(1) This section applies to proceedings before the
Supreme Court in connection with applications
for and the making of orders authorising the
exercise of powers under this Act.
(2) Any such proceedings must be heard in the
absence of the public.
(3) The Supreme Court may, in connection with any
such proceedings, do anything necessary or
convenient to suppress the publication of the
whole or any part of the proceedings or of the
evidence given in the proceedings as it considers
necessary to secure the suppression of the
publication of the proceedings or evidence given
in the proceedings.
31. Annual report
(1) The Minister must, as soon as practicable after
each 30 June, cause to be prepared a report about
the operation of this Act during the year ended
on that 30 June.
(2) Without limiting subsection (1), a report relating
to a year must include the following matters in
relation to each authorisation given under this
Act during the year:
(a) the terms of the authorisation and the
period during which it had effect;
(b) a summary of the grounds that were
relied on for giving the authorisation;
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s. 32 No. Police Powers (Public Safety) 2005
(c) a general description of the powers
exercised pursuant to the authorisation
and the manner in which they were
exercised;
(d) the result of the exercise of those powers.
(3) The Minister must cause a copy of the report to
be laid before each House of Parliament not later
than 31 October after the year to which it relates.
(4) The report may be included in the annual report
of the Department.
32. Regulations
(1) The Governor may make regulations for the
purposes of this Act.
(2) The regulations may be made so as to apply
differently according to such factors as are
specified in the regulations.
(3) The regulations may authorise any matter to be
from time to time determined, applied or
regulated by any person specified in the
regulations.
33. Administration of Act
Until 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 Justice and Industrial
Relations; and
44
2005 Police Powers (Public Safety) No. s. 34
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of Justice.
34. Expiry of Act
(1) This Act expires on the tenth anniversary of the
day on which it commences.
(2) Any authorisation given or order made under
Division 1 of Part 2 that is in force on the tenth
anniversary of the day on which this Act
commences ceases to be in force at that time.
Government Printer, Tasmania 45