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TASMANIA
__________
POLICE SERVICE (CONSEQUENTIAL
AMENDMENTS) BILL 2003
__________
CONTENTS
1. Short title
2. Commencement
3. Consequential amendments
Schedule 1 Consequential Amendments
[Bill 78]-V
2
POLICE SERVICE (CONSEQUENTIAL
AMENDMENTS) BILL 2003
(Brought in by the Minister for Police and Public Safety,
the Honourable David Edward Llewellyn)
A BILL FOR
An Act to amend certain legislation consequent on
the enactment of the Police Service Act 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:
Short title
1. This Act may be cited as the Police Service
(Consequential Amendments) Act 2003.
Commencement
2. This Act commences on a day to be proclaimed.
Consequential amendments
3. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
THIS BILL IS COGNATE WITH THE POLICE SERVICE BILL 2003
[Bill 78] 3
sch. 1 No. Police Service (Consequential 2003
Amendments)
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 3
Acts Interpretation Act 1931
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;
Admission to Courts Act 1916
1. Section 1A is amended by omitting "member of the
police force, within the meaning of the Police Regulation
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2003 Police Service (Consequential No. sch. 1
Amendments)
Act 1898," from the definition of "authorized officer" and
substituting "police officer".
Animal Welfare Act 1993
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".
Archives Act 1983
1. Section 3(1A) is amended by omitting paragraph (a)
and substituting the following paragraph:
(a) the Police Service; and
Bail Act 1994
1. Section 3(1) is amended by omitting the definition of
"police officer".
Children, Young Persons and Their Families Act
1997
1. Section 3(1) is amended as follows:
5
sch. 1 No. Police Service (Consequential 2003
Amendments)
(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".
Classification (Publications, Films and
Computer Games) Enforcement Act 1995
1. Section 3 is amended by omitting the definition of
"police officer".
Commissions of Inquiry Act 1995
1. Section 3 is amended by omitting the definition of
"police officer".
6
2003 Police Service (Consequential No. sch. 1
Amendments)
Cooperatives Act 1999
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
Coroners Act 1995
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
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Amendments)
(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".
Corporations (Tasmania) Act 1990
1. Section 91(2)(a) is amended by omitting "police force of
Tasmania" and substituting "Police Service".
Corrections Act 1997
1. Section 3 is amended by omitting the definition of
"police officer".
Crime (Confiscation of Profits) Act 1993
1. Section 4(1) is amended by omitting the definition of
"police officer".
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2003 Police Service (Consequential No. sch. 1
Amendments)
Criminal Code Act 1924
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".
Criminal Injuries Compensation Act 1976
1. Section 13 is amended by omitting the definition of
"police officer".
Criminal Investigation (Extra-Territorial
Offences) Act 1987
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".
9
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Amendments)
Criminal Law (Detention and Interrogation) Act
1995
1. Section 3(1) is amended by omitting the definition of
"police officer".
Crowd Controllers Act 1999
1. Section 3(1) is amended by omitting the definition of
"police officer".
Dangerous Goods Act 1998
1. Section 3 is amended by omitting the definition of
"police officer".
Defacement of Property Act 1898
1. Section 9 is amended by omitting "constable" twice
occurring and substituting "police officer".
Egg Industry Act 2002
1. Section 12(4) is amended by omitting "member of the
police force" and substituting "police officer".
10
2003 Police Service (Consequential No. sch. 1
Amendments)
Electricity Industry Safety and Administration
Act 1997
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".
Electricity Supply Industry Act 1995
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".
Emergency Services Act 1976
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".
11
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Amendments)
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".
Environmental Management and Pollution
Control Act 1994
1. Section 20 is amended by omitting subsection (3) and
substituting the following subsection:
(3) A police officer is an authorized officer.
Firearms Act 1996
1. Section 3 is amended by omitting the definition of
"police officer".
Food Act 2003
1. Section 4(1) is amended by omitting the definition of
"police officer".
Forensic Procedures Act 2000
1. Section 3(1) is amended as follows:
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Amendments)
(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".
Forestry Act 1920
1. Section 4(1) is amended by omitting the definition of
"police officer".
Freedom of Information Act 1991
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".
Gaming Control Act 1993
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
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Amendments)
Gas Act 2000
1. Section 87(4) is amended by omitting "member of the
police force" and substituting "police officer".
Guardianship and Administration Act 1995
1. Section 3(1) is amended by omitting the definition of
"police officer".
HIV/AIDS Preventive Measures Act 1993
1. Section 3 is amended by omitting the definition of
"police officer".
Industrial Relations Act 1984
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:
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2003 Police Service (Consequential No. sch. 1
Amendments)
(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;
Inland Fisheries Act 1995
1. Section 84 is amended by omitting "member of the
police force" and substituting "police officer".
Judicial Review Act 2000
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".
Jury Act 1899
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".
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Amendments)
Justices Act 1959
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".
Legal Profession Act 1993
1. Section 125(3)(d) is amended by omitting "within the
meaning of the Police Regulation Act 1898".
Listening Devices Act 1991
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:
16
2003 Police Service (Consequential No. sch. 1
Amendments)
(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".
Litter Act 1973
1. Section 3(1)(b) is amended by omitting "within the
meaning of the Police Regulation Act 1898".
Living Marine Resources Management Act 1995
1. Section 21(1)(b) is amended as follows:
(a) by omitting from subparagraph (i) "police
force" and substituting "Police Service";
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Amendments)
(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".
Long Service Leave (State Employees) Act 1994
1. Schedule 1 is amended by omitting
Employees employed under The Commissioner of Police
the Police Regulation Act
1898
and substituting:
Persons appointed to the The Commissioner of Police
Police Service
Magistrates Court (Civil Division) Act 1992
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.
Mental Health Act 1996
1. Section 3 is amended by omitting the definition of
"police officer".
18
2003 Police Service (Consequential No. sch. 1
Amendments)
Misuse of Drugs Act 2001
1. Section 3(1) is amended by omitting the definition of
"police officer".
Motor Accidents (Liabilities and Compensation)
Act 1973
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;
National Parks and Reserves Management Act
2002
1. Section 3(1) is amended by omitting paragraph (a) from
the definition of "authorised officer" and substituting:
(a) a police officer; and
19
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Amendments)
Nature Conservation Act 2002
1. Section 3(1) is amended by omitting paragraph (a) from
the definition of "authorised officer" and substituting:
(a) a police officer; and
Ombudsman Act 1978
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.
Passenger Transport Regulations 2000
1. Regulation 3(1) is amended by omitting the definition
of "police officer".
Petroleum Products Emergency Act 1994
1. Section 3 is amended by omitting the definition of
"police officer".
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2003 Police Service (Consequential No. sch. 1
Amendments)
Petroleum (Submerged Lands) Act 1982
1. Section 137B(1) is amended by omitting paragraph (a)
from the definition of "authorized person" and
substituting:
(a) a police officer; or
Poisons Act 1971
1. Section 23(2) is amended by omitting paragraph (b) and
substituting the following paragraph:
(b) a police officer; or
Police Offences Act 1935
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";
21
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Amendments)
(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
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2003 Police Service (Consequential No. sch. 1
Amendments)
(b) any article of clothing removed
under subsection (2).
Police Powers (Vehicle Interception) Act 2000
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".
Pollution of Waters by Oil and Noxious
Substances Act 1987
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".
23
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Amendments)
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".
Prisoners (Interstate Transfer) Act 1982
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".
Public Interest Disclosures Act 2002
1. Section 3(1) is amended by omitting the definition of
"police force" and substituting the following definition:
"police force" means the Police Service;
24
2003 Police Service (Consequential No. sch. 1
Amendments)
Public Sector Superannuation Reform Act 1999
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".
Racing Regulation Act 1952
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".
Rail Safety Act 1997
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";
25
sch. 1 No. Police Service (Consequential 2003
Amendments)
(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".
Rail Safety Regulations 1999
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;
Retirement Benefits Regulations 1994
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;
Road Safety (Alcohol and Drugs) Regulations
1999
1. Regulation 13 is amended by omitting
"Superintendent" and substituting "Commander".
26
2003 Police Service (Consequential No. sch. 1
Amendments)
Search Warrants Act 1997
1. Section 3 is amended by omitting the definition of
"police officer".
Second-hand Dealers and Pawnbrokers Act 1994
1. Section 3(1) is amended by omitting the definition of
"police officer".
Sentencing Act 1997
1. Section 4 is amended by omitting the definition of
"police officer".
State Service Act 2000
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.
Taxi and Luxury Hire Car Industries Act 1995
1. Section 23A is amended by omitting the definition of
"police officer".
27
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Amendments)
Telecommunications (Interception) Tasmania
Act 1999
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;
Town Building Act 1962
1. Section 9(2) is amended by omitting "within the
meaning of the Police Regulation Act 1898".
Traffic (Road Rules) Regulations 1999
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".
TT-Line Gaming Act 1993
1. Section 3 is amended by omitting the definition of
"police officer".
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2003 Police Service (Consequential No. sch. 1
Amendments)
Vehicle and Traffic Act 1999
1. Section 3(1) is amended by omitting the definition of
"police officer".
Witness Protection Act 2000
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";
29
sch. 1 No. Police Service (Consequential 2003
Amendments)
(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".
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2003 Police Service (Consequential No. sch. 1
Amendments)
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".
Workers Rehabilitation and Compensation Act
1988
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".
Youth Justice Act 1997
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
Government Printer, Tasmania 31