Police Offences Act 1935

Police Offences Act 1935

An Act to consolidate and amend the law relating to certain offences punishable summarily and to provide for certain police powers

[The long title Amended by No. 86 of 2001, s. 4, Applied:17 Dec 2001] [The long title Amended by No. 101 of 2000, s. 67, Applied:01 Jan 2001]

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 I - Preliminary

1.   Short title

This Act may be cited as the Police Offences Act 1935 .

2.   

[Section 2 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

3.   Interpretation

[Section 3 Subsection (1) amended by No. 117 of 1976, s. 95 and Sched. 3 ][Section 3 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Subsection (1) amended by No. 13 of 1990, s. 7 ][Section 3 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 3 Subsection (1) amended by No. 45 of 1995, s. 4 ][Section 3 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 61 of 1996, s. 15 ]

(1)  [Section 3 Subsection (1) amended by No. 71 of 1962, s. 2 ]In this Act, unless the contrary intention appears –

[Section 3 Subsection (1) amended by No. 86 of 2001, s. 5, Applied:17 Dec 2001] child means any person under the age of 18 years;

Commissioner means the Commissioner of Police;

court means a court of summary jurisdiction having cognizance of the matter in relation to which the term is used;

[Section 3 Subsection (1) amended by No. 29 of 2004, s. 4, Applied:23 Sep 2004] crossbow means a device, consisting of a bow fitted transversely on a stock that has a groove or barrel, designed to direct an arrow or bolt;

[Section 3 Subsection (1) amended by No. 86 of 2001, s. 5, Applied:17 Dec 2001] dangerous article includes –

(a) any weapon, other than a firearm as defined in the Firearms Act 1996 ; and

(b) any article adapted or modified so as to be capable of being used as such a weapon; and

(c) any other article that is intended to be used as such a weapon;

data includes information, a computer programme or part of a computer programme;

[Section 3 Subsection (1) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] family violence order means a family violence order within the meaning of the Family Violence Act 2004 , and includes a police family violence order and an interim family violence order, within the meaning of that Act;

[Section 3 Subsection (1) amended by No. 29 of 2004, s. 4, Applied:23 Sep 2004] found offending has the meaning assigned to it in section 55(5) ;

gain access includes to communicate with a computer;

liquor means a beverage (other than a medicine) that –

(a) is intended for human consumption; and

(b) has an alcoholic content greater than 0·5% by volume when at a temperature of 20° Celsius;

liquor infringement notice means a liquor infringement notice in force under Division IV of Part VII ;

owner, used with reference to any real property, means the person for the time being in the actual receipt of or entitled to receive, or who, if such property were let to a tenant, would be entitled to receive the rents and profits thereof, whether as beneficial owner, trustee, executor, mortgagee in possession, or otherwise, but shall not include any mesne tenant;

[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]

[Section 3 Subsection (1) amended by No. 27 of 2000, s. 6, Applied:01 Feb 1997] [Section 3 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 3 Subsection (1) amended by No. 77 of 2003, s. 4, Applied:15 Dec 2003] [Section 3 Subsection (1) amended by No. 41 of 2005, Sched. 1, Applied:31 Dec 2005] public authority includes the Crown, the Transport Commission, the Hydro-Electric Corporation, Tasmania Development and Resources, local authorities, the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938) and any other person with statutory powers to carry out or maintain works for the use or benefit of the public in this State or any part thereof;

[Section 3 Subsection (1) amended by No. 27 of 1997, s. 5, Applied:01 Oct 2002] public place includes –[Section 3 Subsection (1) amended by No. 24 of 2004, s. 46, Applied:01 Jan 2005]

any park, garden, reserve, or other place of public recreation or resort;

any rail infrastructure, railway, or rolling stock, within the meaning of the Rail Safety Act 1997 ;

any public wharf, pier, or jetty;

any passenger vessel plying for hire;

any vehicle plying for hire;

any church, chapel, or other building open for the purpose of Divine service;

any public hall, theatre, or room in which any public entertainment or meeting is being held or performed or is taking place;

any market;

any auction room, or mart, or place open for the purpose of a sale by auction;

any premises specified in a liquor licence or liquor permit granted under the Liquor Licensing Act 1990 , that are open for the sale of liquor;

any licensed billiard-room;

any racecourse, cricket ground, football, show, or regatta ground, or other such place to which the public have access free or on payment of any gate-money; and includes any portion of such place which is within view of the public;

any open yard, place, allotment, or urinal, closet, lavatory, or other convenience to which the public have access;

any police office or police station, or any court-house or court of petty sessions, or any yard or enclosure used therewith respectively, to which the public have access;

any street as herein defined, notwithstanding that the same may be formed on private property;

any school building or the land or premises used in connection therewith;

any public cemetery;

any banking house, warehouse, shop, office, or similar place, while open for the transaction of business;

[Section 3 Subsection (1) amended by No. 47 of 2000, s. 4, Applied:14 Jul 2000] sexual offence means any of the following offences committed against or in respect of a person:

(a) an offence under section 122 or 123 of the Criminal Code as in force immediately before 14 May 1997;

(b) [Section 3 Subsection (1) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003] an offence under section 124 , 125 , 125A , 125B , 126 , 127 , 127A , 128 , 129 , 133 , 185 or 186 of the Criminal Code;

(c) an offence under section 298 or 299 of the Criminal Code in respect of an offence specified in paragraph (a) or (b) ;

(d) an offence under section 8(1A)(a) or section 35(3) of this Act;

(e) an offence under Part 8 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 in respect of a child abuse product, within the meaning of that Part;

(f) an offence not specified in paragraph (a) , (b) , (c) or (d) if there are reasonable grounds to believe that, in the course of or as part of the events surrounding the commission of that offence, an offence specified in paragraph (a) , (b) , (c) or (d) was also committed by the offender;

(g) an offence against the law of any jurisdiction other than Tasmania which is of substantially the same nature as an offence referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ;

street extends to and includes any road, square, court, passage, alley, thoroughfare, or public way or footway, any place of public resort, and any avenue leading thereto;

[Section 3 Subsection (1) amended by No. 86 of 2001, s. 5, Applied:17 Dec 2001] street entertainment means entertainment consisting of –

(a) singing, reciting or acting; or

(b) playing a musical instrument; or

(c) juggling; or

(d) any other activity carried on for the entertainment of the public;

town means a town proclaimed under the provisions of any Act and includes a city;

vehicle includes every description of wheeled vehicle;

withdrawal notice means a withdrawal notice in force under section 62 .

(2)  A vessel or vehicle shall be deemed to be plying for hire both when it is awaiting passengers in a place frequented by the public, whether or not such place be a public place as above defined, and when such vessel or vehicle is being used to convey passengers.

(3)  The definitions set forth in the Criminal Code , so far as the same are applicable and except where inconsistent with this Act, shall be applied in the construction of this Act.

PART II - General Police Provisions

Division I - Drunkenness, vagrancy, indecency, and other public annoyances

4.   Drunkenness when in charge of vehicle or in possession of dangerous weapon

(1)  [Section 4 Subsection (1) amended by No. 32 of 1963, s. 2 ][Section 4 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 4 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 4 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 4 Subsection (1) amended by No. 34 of 1991, s. 99 ][Section 4 Subsection (1) substituted by No. 59 of 2000, s. 4, Applied:27 Mar 2002] A person must not, in a public place, be drunk while in charge of any vehicle or when in possession of any dangerous weapon.

(1A)  [Section 4 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 4 Subsection (1A) substituted by No. 59 of 2000, s. 4, Applied:27 Mar 2002] A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units or to imprisonment for a term not exceeding 3 months.

(2)  Any person convicted in respect of any offence under this section committed within 6 months after he has been convicted of that or any other offence thereunder shall be liable to double the penalty hereinbefore prescribed in respect of the offence in respect of which he is so convicted.

(3)  [Section 4 Subsection (3) amended by No. 59 of 2000, s. 4, Applied:27 Mar 2002] [Section 4 Subsection (3) amended by No. 74 of 1982, s. 4 ][Section 4 Subsection (3) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 4 Subsection (3) amended by No. 34 of 1991, s. 99 ]Any police officer may seize and detain any vehicle, liquor or dangerous weapon in the charge or possession of a person whom he finds committing an offence against this section.

(4)  The court before which such offender is tried may order the offender to pay any expenses incurred as a consequence of such seizure.

4A.   Custody of intoxicated persons

[Section 4A Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002]

(1)  In this section –

intoxicated means under the influence of alcohol, another drug or a combination of drugs;

place of safety means a hospital, charitable institution or any other appropriate facility that is capable of caring for an intoxicated person and includes a place declared by the Minister under section 4C to be a place of safety for the purposes of this Act;

responsible person means a person who a police officer reasonably believes is capable of taking adequate care of an intoxicated person.

(2)  If a police officer believes on reasonable grounds that a person in a public place is intoxicated and –

(a) is behaving in a manner likely to cause injury to himself, herself or another person, or damage to any property; or

(b) is incapable of protecting himself or herself from physical harm –

the police officer may take the person into custody.

(3)  A police officer may –

(a) at any time, without any further or other authority than this subsection, release a person taken into custody under subsection (2) , or cause that person to be released, without that person entering into a recognisance or bail, to a place of safety, or into the care of a responsible person, willing to take that person into care; or

(b) hold that person in custody if it is not possible to release that person under paragraph (a) .

(4)  A person may only be held under subsection (3)(b) if a police officer has made reasonable inquiries to find a place of safety or a responsible person and has been unable to find a place of safety, or a responsible person, willing to take the person into care.

(5)  A person taken into custody under subsection (2) is not to be released under subsection (3)(a) into the care of a person in charge of a place of safety or a responsible person if the person held in custody objects to being released into the care of that person.

(6)  A person taken into custody under subsection (2) is to be released –

(a) at the expiration of the period of 8 hours after he or she was taken into custody; or

(b) when a police officer is of the opinion that it is reasonable to do so –

whichever is earlier.

(6A)  [Section 4A Subsection (6A) inserted by No. 29 of 2004, s. 5, Applied:23 Sep 2004] If, on the expiration of the period of 8 hours referred to in subsection (6)(a) , a police officer of or above the rank of inspector believes on reasonable grounds that a person in custody remains –

(a) likely to cause injury to himself, herself or another person, or damage to any property; or

(b) incapable of protecting himself or herself from physical harm –

the person may be detained for a further period of 4 hours.

(7)  A police officer may –

(a) search or cause to be searched a person who has been taken into custody under subsection (2) ; and

(b) remove or cause to be removed from that person for safe keeping, until the person is released from custody, any money or valuables that are found on or about that person and any item on or about that person that is likely to cause harm to that person or any other person or that could be used by that person or any other person to cause harm to that person or any other person.

(8)  A search of a person under subsection (7) is, if practical, to be conducted by a police officer of the same sex as the person being searched.

4B.   Provisions relating to persons held in custody

[Section 4B Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002] A person held in custody under section 4A  –

(a) is not to be questioned by a police officer in relation to an offence; and

(b) is not to be photographed or have his or her fingerprints taken.

4C.   Declaration of places of safety

[Section 4C Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002]

(1)  The Minister may, by notice published in the Gazette, declare a place to be a place of safety for the purposes of this Act.

(2)  The Rules Publication Act 1953 does not apply to a notice made under subsection (1) .

5.   

[Section 5 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 5 Repealed by No. 1 of 2001, s. 4, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

6.   Consorting

(1)  [Section 6 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not habitually consort with reputed thieves or known prostitutes or with persons who have been convicted of having insufficient lawful means of support.

(1A)  [Section 6 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months.

(2)  [Section 6 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not be convicted of an offence against this section if he proves to the satisfaction of the court that he has sufficient lawful means of support and that he had good and sufficient reasons for consorting with the persons with whom he is charged with having consorted.

(3)  No proceedings under this section shall be taken by any person other than a police officer.

7.   Loiterers, &c.

(1)  [Section 7 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being a suspected person or reputed thief, shall not –

(a) be in or upon any building whatsoever or in any enclosed yard, garden, or area for any unlawful purpose; or

(b) frequent or loiter in or near any public place, or any river, or navigable stream with intent to commit a crime.

(2)  In proving under this section intent to commit a crime it shall not be necessary to show that the person charged was guilty of any particular act tending to show his intent, and he may be convicted if from the circumstances of the case and from his known character as proved to the court before which he is charged it appears to such court that his intent was to commit a crime.

(3)  [Section 7 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not have in his possession without lawful excuse any pick-lock key or any implement of housebreaking or have in his possession any instrument whatever with intent to commit a crime.

(4)  Every such key, implement, or instrument may be taken from the offender by any police officer and shall, on conviction of the offender, become forfeit to the Crown.

(5)  [Section 7 Subsection (5) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) or (3) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months.

7A.   Loitering near children

[Section 7A Inserted by No. 47 of 2000, s. 5, Applied:14 Jul 2000]

(1)  For the purposes of this section, a person loiters near children if the person loiters at, or in the vicinity of –

(a) a school; or

(b) any of the following, while children are present:

(i) a public toilet;

(ii) a playground;

(iii) a swimming pool;

(iv) a games arcade;

(v) any other place at which children are commonly present.

(2)  A person who has been found guilty of a sexual offence must not, without reasonable excuse, loiter near children.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

8.   Begging, imposition, prostitution, &c.

(1)  [Section 8 Subsection (1) amended by No. 32 of 1963, s. 3 ][Section 8 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 8 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 8 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not –

(a) in a public place beg or expose wounds or deformities, or place himself or herself or otherwise act so as to induce, or attempt to induce, the giving of alms, or instigate or incite a child to do any of those things;

(b) [Section 8 Subsection (1) amended by No. 86 of 2001, s. 6, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(c) [Section 8 Subsection (1) amended by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(d) [Section 8 Subsection (1) amended by No. 1 of 2001, s. 5, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(e) .  .  .  .  .  .  .  .  

(f) .  .  .  .  .  .  .  .  

(g) [Section 8 Subsection (1) amended by No. 1 of 2001, s. 5, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(h) .  .  .  .  .  .  .  .  

(i) [Section 8 Subsection (1) amended by No. 1 of 2001, s. 5, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(1AA)  [Section 8 Subsection (1AA) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(1A)  [Section 8 Subsection (1A) inserted by No. 32 of 1963, s. 3 ][Section 8 Subsection (1A) amended by No. 55 of 1965, s. 5 ][Section 8 Subsection (1A) amended by No. 53 of 1971, s. 2 ][Section 8 Subsection (1A) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not –

(a) wilfully and obscenely expose his person in any public place or in the view of persons therein;

(b) [Section 8 Subsection (1A) amended by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(c) [Section 8 Subsection (1A) amended by No. 86 of 2001, s. 6, Applied:17 Dec 2001] [Section 8 Subsection (1A) amended by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(1AB)  [Section 8 Subsection (1AB) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1A) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 12 months.

(1B)  [Section 8 Subsection (1B) inserted by No. 32 of 1963, s. 3 ][Section 8 Subsection (1B) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 8 Subsection (1B) omitted by No. 86 of 2001, s. 6, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(1C)  [Section 8 Subsection (1C) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 8 Subsection (1C) omitted by No. 86 of 2001, s. 6, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(2)  [Section 8 Subsection (2) omitted by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

9.   

[Section 9 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 9 Repealed by No. 1 of 2001, s. 6, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

10.   Disorderly houses

(1)  [Section 10 Subsection (1) amended by No. 32 of 1963, s. 4 ][Section 10 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 10 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person occupying or keeping any house, shop, room, place of public resort or other premises shall not –

(a) permit or suffer any breach of the peace or riotous or disorderly conduct therein;

(b) [Section 10 Subsection (1) amended by No. 42 of 2005, s. 31, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(c) [Section 10 Subsection (1) amended by No. 1 of 2001, s. 7, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(d) [Section 10 Subsection (1) amended by No. 1 of 2001, s. 7, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(1A)  [Section 10 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(2)  The occupier or keeper of any such house, shop, room, or other premises shall admit any police officer thereto when required so to do.

(3)  [Section 10 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 10 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]The court before whom any such offender is convicted may further order him to find security, in a sum to be fixed by the court, for his good behaviour for a period not exceeding 12 months, under a penalty not exceeding 2 penalty units, and in the event of such security not being found, may sentence the person offending to imprisonment for a term not exceeding 2 months.

(4)  [Section 10 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 10 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ]If any person is found guilty of any such offence a second time, it shall be lawful for the court, on the application of 3 householders, by warrant to order such person to be removed from the premises occupied, or kept by him, and to impose such further penalty on such offender, not exceeding 2 penalty units, as to the court may seem fit.

11.   

[Section 11 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 11 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 11 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 11 Repealed by No. 1 of 2001, s. 8, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

12.   Prohibited language and behaviour

[Section 12 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 12 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 12 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]

(1)  [Section 12 Subsection (1) amended by No. 32 of 1963, s. 5 ]A person shall not, in any public place, or within the hearing of any person in that place –

(a) curse or swear;

(b) sing any profane or obscene song;

(c) use any profane, indecent, obscene, offensive, or blasphemous language; or

(d) use any threatening, abusive, or insulting words or behaviour with intent or calculated to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

(1A)  [Section 12 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units or to imprisonment for a term not exceeding 3 months.

(2)  [Section 12 Subsection (2) added by No. 32 of 1963, s. 5 ]A person convicted in respect of an offence under this section committed within 6 months after he has been convicted of that or any other offence thereunder is liable to double the penalty prescribed in subsection (1) in respect of the offence in respect of which he is so convicted.

13.   Public annoyance

[Section 13 Amended by 25 Geo. V No. 78 ][Section 13 Amended by No. 32 of 1963, s. 6 ]

(1)  [Section 13 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (1) amended by No. 112 of 1987, s. 89 ][Section 13 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not, in a public place –

(a) behave in a violent, riotous, offensive, or indecent manner;

(b) disturb the public peace;

(c) engage in disorderly conduct;

(d) jostle, insult, or annoy any person;

(e) commit any nuisance; or

(f) throw, let off, or set fire to any firework.

(2)  [Section 13 Subsection (2) substituted by No. 87 of 1981, s. 4 ][Section 13 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (2) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not recklessly throw or discharge a missile to the danger or damage of another person or to the danger or damage of the property of another person.

(2A)  [Section 13 Subsection (2A) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not, in a public place, supply liquor to a person under the age of 18 years.

(2B)  [Section 13 Subsection (2B) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A person under the age of 18 years shall not consume liquor in a public place.

(2C)  [Section 13 Subsection (2C) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A person under the age of 18 years shall not have possession or control of liquor in a public place.

(3)  [Section 13 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not wilfully disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship.

(3AA)  [Section 13 Subsection (3AA) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (3AA) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person who contravenes a provision of subsection (1) , (2) , (2A) , (2B) , (2C) or (3) is guilty of an offence and is liable on summary conviction to –

(a) a penalty not exceeding 3 penalty units or to imprisonment for a term not exceeding 3 months, in the case of an offence under subsection (1) or (3) ; or

(b) a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months, in the case of an offence under subsection (2) ; or

(c) a penalty not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, in the case of an offence under subsection (2A) , (2B) or (2C) .

(3A)  [Section 13 Subsection (3A) inserted by No. 32 of 1963, s. 6 ][Section 13 Subsection (3A) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person convicted in respect of an offence under this section committed within 6 months after he has been convicted of that or any other offence thereunder is liable to double the penalty prescribed in respect of the offence in respect of which he is so convicted.

(3B)  [Section 13 Subsection (3B) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A police officer may seize liquor in the possession of a person the police officer reasonably believes is committing an offence under subsection (1) , (2) , (2A) , (2B) , (2C) or (3) .

(3C)  [Section 13 Subsection (3C) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]If a police officer has seized liquor in accordance with subsection (3B) and the person who has possession of the liquor is subsequently convicted of an offence under subsection (1) , (2) , (2A) , (2B) , (2C) or (3) , the court that convicted the person may order that the liquor and its container be forfeited to the Crown.

(3D)  [Section 13 Subsection (3D) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]If –

(a) a police officer has seized liquor in accordance with subsection (3B) ; and

(b) subsequent to the seizure –

(i) no proceedings are instituted within a reasonable time for an offence under subsection (1) , (2) , (2A) , (2B) , (2C) or (3) ; or

(ii) proceedings are instituted for an offence under one of those subsections but no order for the forfeiture of the liquor is made –

a magistrate may order that the liquor be given to a person the magistrate is satisfied has a right to its possession but if no such order is made or sought within a reasonable time the Commissioner may dispose of the liquor in such manner as the Commissioner considers most appropriate, and shall pay any proceeds into the Consolidated Fund.

(4)  [Section 13 Subsection (4) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not wilfully leave open any gate or slip-panel or make a gap in any fence for the purpose of permitting or causing any animal, or otherwise wilfully cause or procure any animal, to trespass.

(4A)  [Section 13 Subsection (4A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (4) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units.

(5)  [Section 13 Subsection (5) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (5) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (5) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 13 Subsection (5) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (5) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 13 Subsection (5) omitted by No. 1 of 2001, s. 9, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(5AA)  [Section 13 Subsection (5AA) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (5AA) omitted by No. 1 of 2001, s. 9, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(5A)  [Section 13 Subsection (5A) inserted by No. 62 of 1965, s. 2 ][Section 13 Subsection (5A) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (5A) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 13 Subsection (5A) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (5A) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 13 Subsection (5A) omitted by No. 86 of 2001, s. 7, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(5AB)  [Section 13 Subsection (5AB) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (5A) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.

(6)  [Section 13 Subsection (6) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (6) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being the owner or usual keeper of a stallion, bull, boar, or ram, shall not permit the animal to be in any public place unless it is under the immediate custody or control of some competent person.

(6A)  [Section 13 Subsection (6A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (6) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units.

(7)  [Section 13 Subsection (7) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (7) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (7) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being the owner or usual keeper of a horse, mule, hinny, ass, ox, pig, sheep, or goat, other than those mentioned in subsection (6) , shall not permit the animal to graze or stray in any public place.

(7A)  [Section 13 Subsection (7A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (7) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 0·3 penalty unit or to a penalty not exceeding 3 penalty units for any fifth or subsequent offence within a period of 5 years.

(8)  [Section 13 Subsection (8) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (8) amended by No. 75 of 1973, s. 2 and Sched. 1 ]The provisions of subsection (7) do not apply in respect of a milch cow grazing in pursuance of an authority lawfully issued by the body controlling the public place where the cow is grazing; nor to an animal grazing on an unfenced road not within 2.5 kilometres of a city or town.

(9)  [Section 13 Subsection (9) inserted by No. 71 of 1962, s. 3 ]The owner or usual keeper of any animal mentioned in subsection (7) which is found straying in a public place is liable to the penalty imposed by that subsection, unless he satisfies the court that the presence of the animal therein was not due to the negligence or default of himself, his servant, or agent.

(10)  [Section 13 Subsection (10) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(10A)  [Section 13 Subsection (10A) omitted by No. 46 of 1991, s. 5 and Sched. 3 ].  .  .  .  .  .  .  .  

(11)  [Section 13 Subsection (11) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(11A)  [Section 13 Subsection (11A) omitted by No. 46 of 1991, s. 5 and Sched. 3 ].  .  .  .  .  .  .  .  

(12)  [Section 13 Subsection (12) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(12A)  [Section 13 Subsection (12A) omitted by No. 46 of 1991, s. 4 and Sched. 3 ].  .  .  .  .  .  .  .  

(13)  [Section 13 Subsection (13) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(14)  [Section 13 Subsection (14) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (14) omitted by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] .  .  .  .  .  .  .  .  

14.   Public decency

[Section 14 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 14 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 14 Subsection (1) amended by No. 32 of 1963, s. 7 ][Section 14 Subsection (1) substituted by No. 86 of 2001, s. 8, Applied:17 Dec 2001] A person, in any public place or within sight of any person in a public place, must not bathe in any river, lake, harbour or stream or sunbathe unless –

(a) the person is decently clothed; or

(b) the conduct is authorised in that place by the appropriate council.

(2)  [Section 14 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

Division IA - [Part II, Div. IA Heading inserted by No. 82 of 1973, s. 2 ]Offences relating to trespass to lands

14A.   Peering into dwelling-houses, &c.

[Section 14A Inserted by No. 19 of 1961, s. 2 ]

(1)  [Section 14A Subsection (1) amended by No. 32 of 1963, s. 8 ][Section 14A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 14A Subsection (1) amended by No. 74 of 1982, s. 5 ][Section 14A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not without lawful excuse (proof whereof shall lie on him) –

(a) peep or peer into the window or door of a dwelling-house; or

(b) lurk, loiter, or secrete himself on any land within the curtilage of a dwelling-house.

(2)  [Section 14A Subsection (2) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

14B.   Unlawful entry on land

[Section 14B Inserted by No. 82 of 1973, s. 3 ]

(1)  [Section 14B Subsection (1) amended by No. 74 of 1982, s. 6 ][Section 14B Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 14B Subsection (1) amended by No. 4 of 1992, s. 4 ][Section 14B Subsection (1) substituted by No. 86 of 2001, s. 9, Applied:17 Dec 2001] A person, without reasonable or lawful excuse (proof of which lies on the person), must not enter into, or remain on, 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.

(2)  [Section 14B Subsection (2) amended by No. 74 of 1982, s. 6 ][Section 14B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 14B Subsection (2) amended by No. 4 of 1992, s. 4 ]A person who is convicted of an offence under this section is liable to a penalty not exceeding –

(a) 10 penalty units or to imprisonment for a term not exceeding 12 months, in respect of entering or remaining in a dwelling-house; or

(b) [Section 14B Subsection (2) amended by No. 86 of 2001, s. 9, Applied:17 Dec 2001] 5 penalty units or to imprisonment for a term not exceeding 6 months, in respect of entering into, or remaining on, any other land, building, structure, premises, aircraft, vehicle or vessel.

(3)  [Section 14B Subsection (3) amended by No. 74 of 1982, s. 6 ]Where a person is convicted of an offence under this section in respect of entering or remaining in the dwelling-house of another person, the court or one of the justices may issue a warrant addressed to all police officers commanding them to enter the premises and give the possession thereof to the complainant.

(4)  For the purpose of executing a warrant under subsection (3) , every police officer may, if necessary, break and enter the premises to which the warrant relates and eject the person convicted and any other person therefrom.

14C.   Names and addresses of offenders may be required

[Section 14C Inserted by No. 82 of 1973, s. 3 ]

(1)  [Section 14C Subsection (1) amended by No. 74 of 1982, s. 7 ]Where the owner or occupier of any land, his agent, or any person authorized in writing in that behalf by the owner or occupier of any land or his agent finds on that land another person in circumstances in which he believes on reasonable grounds that that other person is committing or has committed an offence under section 14B (1) , he may require that other person to state his name and the address of his place of abode.

(2)  [Section 14C Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person who fails or refuses to comply with a requirement under subsection (1) or, in response to such a requirement, gives a name or address that is false, is guilty of an offence, and, on summary conviction, is liable to a penalty not exceeding 2 penalty units.

14D.   Alternative convictions

[Section 14D Inserted by No. 82 of 1973, s. 3 ]Where a person who is charged with an offence under section 14A is found not guilty of the offence with which he is charged, he may be convicted of an offence under section 14B or section 14C if it is established by the evidence to have been committed by him.

Division II - Offences relating to good order and safety

15.   Obstructions in streets, writing on or defacing buildings, &c., throwing, &c., rubbish on street, &c.

(1)  [Section 15 Subsection (1) amended by No. 32 of 1963, s. 9 ][Section 15 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 15 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not, in any street in any town –

(a) [Section 15 Subsection (1) amended by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(b) write upon, soil, deface, or mark any wall, fence, hoarding, footpath, or building, or, without authority, affix, or cause to be affixed to any church, chapel, or school-house, or, without the consent of the owner or occupier, to any other building, or to any wall, fence, or hoarding, any bill or other notice, or wilfully break, destroy, or damage any part of such wall, fence, hoarding, or building, or any tree, shrub, seat, or other thing; or

(c) [Section 15 Subsection (1) amended by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(2)  [Section 15 Subsection (2) inserted by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 15 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 15 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 15 Subsection (2) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(3)  [Section 15 Subsection (3) inserted by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (3) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(4)  [Section 15 Subsection (4) inserted by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (4) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(5)  [Section 15 Subsection (5) added by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (5) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(6)  [Section 15 Subsection (6) (formerly (2)) added by 7 Geo. VI No. 66, s. 2 ][Section 15 Subsection (6) renumbered by No. 36 of 1958, s. 4 and Sched. 3 ][Section 15 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 15 Subsection (6) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15 Subsection (6) amended by No. 82 of 1973, s. 4 ][Section 15 Subsection (6) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15 Subsection (6) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(7)  [Section 15 Subsection (7) amended by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Subsection (7) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to–

(a) a penalty not exceeding 2 penalty units; and

(b) [Section 15 Subsection (7) amended by No. 1 of 2001, s. 10, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

15A.   Police offences in towns

[Section 15A Inserted by No. 71 of 1962, s. 4 ][Section 15A Subsection (1) amended by No. 62 of 1965, s. 3 ][Section 15A Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15A Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 15A Subsection (1) amended by No. 55 of 1965, s. 5 ]A person shall not, in any town –

(a) [Section 15A Subsection (1) amended by No. 1 of 2001, s. 11, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(b) [Section 15A Subsection (1) amended by No. 1 of 2001, s. 11, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(c) [Section 15A Subsection (1) amended by No. 86 of 2001, s. 10, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(d) unlawfully make a drain leading into a street;

(e) [Section 15A Subsection (1) amended by No. 86 of 2001, s. 10, Applied:17 Dec 2001] being the occupier of land permit or suffer water or drainage therefrom to flow upon the footway of a street.

(f) [Section 15A Subsection (1) amended by No. 86 of 2001, s. 10, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(fa) [Section 15A Subsection (1) amended by No. 86 of 2001, s. 10, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(g) [Section 15A Subsection (1) amended by No. 86 of 2001, s. 10, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(h) [Section 15A Subsection (1) amended by No. 86 of 2001, s. 10, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(1A)  [Section 15A Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.

(2)  Nothing in this section affects any other Act or any regulation or by-law thereunder.

15B.   Dispersal of persons

[Section 15B Inserted by No. 71 of 1962, s. 4 ][Section 15B Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 15B Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15B Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 15B Subsection (2) amended by No. 51 of 1982, s. 8 ][Section 15B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15B Repealed by No. 1 of 2001, s. 12, Applied:12 Apr 2001] [Section 15B Inserted by No. 86 of 2001, s. 11, Applied:17 Dec 2001]

(1)  A police officer may direct a person in a public place to leave that place and not return for a specified period of not less than 4 hours if the police officer believes on reasonable grounds that the person –

(a) has committed or is likely to commit an offence; or

(b) is obstructing or is likely to obstruct the movement of pedestrians or vehicles; or

(c) is endangering or likely to endanger the safety of any other person; or

(d) has committed or is likely to commit a breach of the peace.

(2)  A person must comply with a direction under subsection (1) .

Penalty:  Fine not exceeding 2 penalty units.

15C.   Dangerous articles

[Section 15C Inserted by No. 71 of 1962, s. 4 ][Section 15C Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (2) amended by No. 99 of 1982, s. 3 ][Section 15C Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (4) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15C Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Repealed by No. 1 of 2001, s. 12, Applied:12 Apr 2001] [Section 15C Inserted by No. 86 of 2001, s. 11, Applied:17 Dec 2001]

(1)  A person, without lawful excuse, must not have possession of, or carry or use, a dangerous article in a public place.

Penalty:  Fine not exceeding 10 penalty units.

(1A)  [Section 15C Subsection (1A) inserted by No. 29 of 2004, s. 6, Applied:23 Sep 2004] Subsection (1) 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.

(2)  [Section 15C Subsection (2) amended by No. 29 of 2004, s. 6, Applied:23 Sep 2004] A police officer may stop, detain and search, without a warrant, any person in a public place whom the police officer reasonably believes has possession of, or carries, any dangerous article without lawful excuse and may stop, detain and search, without a warrant, the person's vehicle.

(3)  A police officer may seize and detain any dangerous article found.

(4)  A lawful excuse excludes self-defence but includes the following:

(a) the pursuit of a lawful occupation, duty or activity using that dangerous article;

(b) the participation in a lawful sport, recreation or entertainment using that dangerous article;

(c) the lawful collection, display or exhibition of that dangerous article;

(d) the use of that dangerous article for the lawful purpose for which it was intended.

(5)  If a person is convicted or found guilty of an offence under this section, the dangerous article to which the offence relates is forfeited and may be disposed of as the court orders.

(6)  [Section 15C Subsection (6) inserted by No. 29 of 2004, s. 6, Applied:23 Sep 2004] 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.

15D.   Use, carriage and possession of crossbows

[Section 15D Amended by No. 4 of 2002, s. 59, Applied:01 Jul 2002] [Section 15D Inserted by No. 71 of 1962, s. 4 ][Section 15D Amended by No. 55 of 1965, s. 5 ][Section 15D Amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15D Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 15D Repealed by No. 86 of 2001, s. 11, Applied:17 Dec 2001] [Section 15D Inserted by No. 29 of 2004, s. 7, Applied:23 Sep 2004]

(1)  A person must not use, carry or have possession of a crossbow unless he or she is authorised in writing by the Commissioner to do so.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person may apply to the Commissioner for a permit to use, carry or have possession of a crossbow.

(3)  An application for a permit is to –

(a) be in an approved form; and

(b) include details of the following:

(i) the type of crossbow;

(ii) the reason for its possession, carriage or use;

(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 old; and

(b) is a natural person; and

(c) is a fit and proper person to use, carry or have possession of a crossbow; and

(d) is able to safely store the crossbow; and

(e) has a legitimate reason for using, carrying or possessing a crossbow, including for the purpose of conducting research, hunting vermin or another purpose the Commissioner considers appropriate.

(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 a crossbow –

(i) for an unlawful purpose; or

(ii) to harm himself or herself;

(b) the mental and physical 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) the ability of the person to exercise continuous and responsible control over a crossbow;

(f) whether the person is subject to a restraint order or an interim restraint order or has at any time within the previous 5 years been subject to such an order;

(g) whether the person is subject to a recognisance, granted in Tasmania or elsewhere, to keep the peace.

(7)  A person authorised under this section must carry a copy of the authorisation at all times while he or she has possession of, or is carrying or using, a crossbow.

Penalty:  Fine not exceeding 10 penalty units.

(8)  A police officer may seize and detain any crossbow used, carried or kept in contravention of this section.

(9)  If a person is convicted or found guilty of an offence under this section, the crossbow to which the offence relates is forfeited and may be disposed of as the court orders.

(10)  Nothing in this section prevents a person from being prosecuted for the use, carriage or possession of a crossbow in contravention of another Act.

(11)  [Section 15D Subsection (11) omitted by No. 44 of 1935, s. 15D, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

(12)  Subsection (11) expires on 31 December 2004.

15E.   

[Section 15E Inserted by No. 62 of 1965, s. 4 ][Section 15E Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15E Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15E Subsection (1) amended by No. 112 of 1987, s. 89 ][Section 15E Subsection (2) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15E Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15E Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 15E Subsection (4) substituted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15E Repealed by No. 86 of 2001, s. 11, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

16.   Street entertainment

[Section 16 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 16 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 16 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 16 Subsection (1) amended by No. 32 of 1963, s. 10 ][Section 16 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 16 Substituted by No. 86 of 2001, s. 11, Applied:17 Dec 2001]

(1)  A person, without a permit issued by the appropriate council, must not continue to provide street entertainment on any day within 100 metres of any premises after being requested on that day by the occupier of those premises or a police officer to cease providing that entertainment.

Penalty:  Fine not exceeding 2 penalty units.

(2)  A police officer may require any person providing street entertainment to cease any conduct that may be a danger to public safety.

(3)  A person must comply with a requirement under subsection (2) .

Penalty:  Fine not exceeding 2 penalty units.

17.   Chimneys on fire

[Section 17 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 17 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person, being the occupier of any building within any town, shall not fail to prevent any chimney in such building taking fire.

(1A)  [Section 17 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

(2)  It shall be a good defence to any complaint under this section to prove that such chimney has been swept within 3 months before the day on which such fire took place.

17A.   

[Section 17A Inserted by No. 71 of 1962, s. 5 ][Section 17A Amended by No. 55 of 1965, s. 5 ][Section 17A Amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 17A Repealed by No. 86 of 2001, s. 12, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

17B.   

[Section 17B Inserted by No. 62 of 1965, s. 5 ][Section 17B Subsection (1) amended by No. 13 of 1987, s. 5 ][Section 17B Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 17B Subsection (2) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 17B Repealed by No. 1 of 2001, s. 13, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

18.   

[Section 18 Subsection (1) amended by No. 32 of 1963, s. 11 ][Section 18 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 18 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 18 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 18 Subsection (1AA) renumbered by No. 46 of 1991, s. 5 and Sched. 3 ][Section 18 Subsection (1A) inserted by No. 62 of 1965, s. 6 ][Section 18 Subsection (1A) amended by No. 55 of 1965, s. 5 ][Section 18 Subsection (1A) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 18 Repealed by No. 1 of 2001, s. 13, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

19.   Poisoned substances

(1)  [Section 19 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not place or cause to be placed in or upon any public place or in or upon the land of any other person any poisonous thing, that is to say, anything which has been mixed with or steeped in or impregnated with poison or any poisonous ingredient so as to be destructive to life.

(2)  [Section 19 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not without reasonable excuse have in his possession any such poisonous thing.

(3)  [Section 19 Subsection (3) amended by No. 32 of 1963, s. 12 ][Section 19 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 19 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]An occupier of any land shall not place or cause to be placed any such poisonous thing upon such land without posting in a conspicuous place thereon notice that such thing has been so placed.

(3A)  [Section 19 Subsection (3A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) , (2) , or (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(4)  The foregoing provisions of this section shall not apply to any occupier of any building or the owner of any rick or stack of grain or other cultivated vegetable produce placing or causing to be placed any such poisonous thing for the destruction of rats, mice, or other small vermin in such building or in the drains connected therewith (provided such drains are so protected with gratings or otherwise as to prevent any dog entering the same) or within such rick or stack nor to any person laying or causing to be laid poison in accordance with the provisions of any Act.

19AA.   Dangerous junk

[Section 19AA Inserted by No. 71 of 1962, s. 6 ]

(1)  [Section 19AA Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 19AA Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 19AA Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not place or cause to be placed in or upon any public place, dump, tip, or unfenced land, any refrigerator, ice chest, ice box, hot box, chest, trunk, wardrobe, cupboard, or other article having in it a compartment more than 40 litres in size with a door thereto capable of being fastened or of staying shut.

(2)  [Section 19AA Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

19A.   Sports grounds

[Section 19A Inserted by No. 19 of 1961, s. 3 ][Section 19A Subsection (1) amended by No. 86 of 1981, s. 3 ][Section 19A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 19A Subsection (1) amended by No. 55 of 1965, s. 5 ]A person shall not –

(a) enter the reserved area of a sports ground without lawful excuse; or

(b) remain on the reserved area of a sports ground after having been requested to leave that area by a police officer or some person having authority to require him to leave that area.

(1AA)  [Section 19A Subsection (1AA) (formerly (1A))inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units or to imprisonment for a term not exceeding 3 months.

(1A)  [Section 19A Subsection (1A) inserted by No. 86 of 1981, s. 3 ]Subject to subsection (1B) , a police officer may arrest without warrant any person who fails to leave the reserved area of a sports ground –

(a) where a sport is being played or a game is being conducted;

(b) where a sport is to be played or a game is to be conducted; or

(c) where a sport has been played or a game has been conducted –

when requested to do so by that police officer.

(1B)  [Section 19A Subsection (1B) inserted by No. 86 of 1981, s. 3 ]A police officer shall not exercise the power of arrest referred to in subsection (1) unless he reasonably believes –

(a) that the sport being played, or the game being conducted, on the reserved area of the sports ground is or will be interrupted or the use of that area by persons participating or having participated in the sport or game is or will be interfered with or affected; or

(b) that the commencement of the sport to be played, or the game to be conducted, on that area will be delayed.

(2)  In this section –

reserved area means so much of a sports ground as is set apart or reserved for the playing of a game or the conducting of a sport;

sports ground means a public place, not wholly contained within a building, to which the public are admitted, whether on payment or otherwise, to view a game or sport played or conducted on the reserved area of that sports ground.

20.   Misbehaviour at public meetings

[Section 20 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 20 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 20 Subsection (1) amended by No. 32 of 1963, s. 13 ]A person in or near any hall, room, or building in which a public meeting is being held shall not –

(a) behave in a riotous, disorderly, indecent, offensive, threatening, or insulting manner; or

(b) use any threatening, abusive, or insulting words.

(1A)  [Section 20 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units or to imprisonment for a term not exceeding 3 months.

(2)  Where in the opinion of the chairman presiding at any public meeting any person in or near the hall, room, or building in which such meeting is being held commits an offence against this section, such chairman may verbally direct any police officer who is present to remove such person from the said hall, room, or building, or the neighbourhood thereof; and such police officer shall remove such person accordingly.

20AA.   Rescue and illegal impounding of distress damage feasant

[Section 20AA Inserted by No. 71 of 1962, s. 7 ][Section 20AA Amended by No. 55 of 1965, s. 5 ][Section 20AA Amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person who –

(a) impounds or detains any animal unlawfully; or

(b) rescues any animal impounded or seized for the purpose of impounding –

as a distress damage feasant is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units.

Division III - .  .  .  .  .  .  .  .  

[Part II, Div. III Repealed by No. 34 of 1991, s. 99 ]

20A.   

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21.   

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22.   

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23.   

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24.   

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24A.   

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24B.   

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Division IV - Consumption of liquor

[Part II, Div. IV  Inserted by No. 45 of 1995, s. 5 ]

25.   Consumption of liquor in streets, &c.

[Section 25 Inserted by No. 45 of 1995, s. 5 ]

(1)  [Section 25 Subsection (1) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] In this section –

motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;

public street has the same meaning as in the Traffic Act 1925 .

(2)  A person must not consume liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:  Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.

(3)  A person must not, without reasonable excuse (proof of which lies on the person), have in his or her possession an opened or unsealed container of liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:  Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.

(4)  This section does not apply to a person who is –

(a) [Section 25 Subsection (4) amended by No. 24 of 2004, s. 47, Applied:01 Jan 2005] on licensed premises, within the meaning of the Liquor Licensing Act 1990 , or on premises at which food is sold for consumption on those premises; or

(b) within 50 metres of any such premises and is using furniture or other facilities lawfully provided by the proprietor or lessee of those premises for that purpose; or

(c) [Section 25 Subsection (4) amended by No. 24 of 2004, s. 47, Applied:01 Jan 2005] in a place where the possession and consumption of liquor is permitted under a permit or licence in force under the Liquor Licensing Act 1990 .

(5)  A person who is in a stationary motor vehicle in a public street or in a prescribed public place is taken to be in the public street or in the prescribed public place.

26.   

[Section 26 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

27.   

[Section 27 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

28.   

[Section 28 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

29.   

[Section 29 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

30.   

[Section 30 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

Division V - Juvenile smoking prevention - .  .  .  .  .  .  .  .  

31.   

[Section 31 Repealed by No. 49 of 1996, s. 5 ].  .  .  .  .  .  .  .  

32.   

[Section 32 Repealed by No. 49 of 1996, s. 5 ].  .  .  .  .  .  .  .  

Division VI - .  .  .  .  .  .  .  .  

[Part II, Div. VI Repealed by No. 44 of 1990, s. 225 and Sched. 3 ]

33.   

[Section 33 Repealed by No. 4 of 1990, s. 225 and Sched. 3 ].  .  .  .  .  .  .  .  

34.   

[Section 34 Repealed by No. 4 of 1990, s. 225 and Sched. 3 ].  .  .  .  .  .  .  .  

34A.   

[Section 34A Inserted by No. 42 of 1959, s. 3 ][Section 34A Repealed by No. 4 of 1990, s. 225 and Sched. 3 ].  .  .  .  .  .  .  .  

Division VII - Offences against public authority

[Part II, Div. VII Inserted by No. 53 of 1965, s. 2 ]

34B.   Resistance to, and obstruction of, public officers prohibited

[Section 34B Inserted by No. 53 of 1965, s. 2 ]

(1)  [Section 34B Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 34B Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 34B Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not –

(a) assault, resist, or wilfully obstruct –

(i) a police officer in the execution of his duty;

(ii) a person lawfully assisting a police officer in the execution of his duty; or

(iii) a person lawfully arresting another person;

(b) threaten, intimidate, or use abusive language to any such police officer whilst in the performance or execution of his duty or a person assisting a police officer therein; or

(c) instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.

(1A)  [Section 34B Subsection (1A) amended by No. 77 of 2003, s. 5, Applied:15 Dec 2003] [Section 34B Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(2)  [Section 34B Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 34B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 34B Subsection (2) amended by No. 4 of 1992, s. 5 ]A person shall not –

(a) assault, resist, intimidate, or wilfully obstruct a public officer in the execution of his duty, or lawfully performing a duty imposed on him by an Act, or in the exercise of a public duty or authority;

(b) threaten or use abusive language to any such person so acting; or

(c) instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.

(2A)  [Section 34B Subsection (2A) amended by No. 77 of 2003, s. 5, Applied:15 Dec 2003] [Section 34B Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 25 penalty units or to imprisonment for a term not exceeding 12 months.

(3)  [Section 34B Subsection (3) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 34B Subsection (3) amended by No. 4 of 1992, s. 5 ]A police officer may arrest without warrant any person committing an offence against subsection (1) or (2) (a) .

(4)  In this section, public officer includes any person acting in good faith in the execution, or intended execution, of an Act or a public duty or authority.

PART III - Injuries to the Person

35.   Common assault and aggravated assault on females and children

(1)  [Section 35 Subsection (1) substituted by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully assault another person.

(1A)  [Section 35 Subsection (1A) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months.

(2)  [Section 35 Subsection (2) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (2) amended by No. 59 of 1997, Applied:01 Aug 1998] [Section 35 Subsection (2) amended by No. 32 of 1963, s. 17 ][Section 35 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 35 Subsection (2) amended by No. 62 of 1965, s. 7 ][Section 35 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]Where any person is charged with having unlawfully assaulted any child who, in the opinion of the court, is under the age of 14 years, or any female, the court, if it considers the assault is of an aggravated nature, may sentence the offender to pay a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(3)  [Section 35 Subsection (3) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (3) amended by No. 59 of 1997, Applied:01 Aug 1998] [Section 35 Subsection (3) inserted by No. 48 of 1951, s. 3 ][Section 35 Subsection (3) amended by No. 32 of 1963, s. 17 ][Section 35 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 35 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]Whoever with indecent intent assaults any child apparently under the age of 14 years or any female shall be liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(4)  [Section 35 Subsection (4) added by No. 48 of 1951, s. 3 ]If on a complaint under subsection (3) the court finds the assault proved but not the intent, it may amend the complaint to one under subsection (1) for the same assault and convict accordingly.

(5)  [Section 35 Subsection (5) inserted by No. 83 of 2001, s. 5, Applied:17 Dec 2001] A complaint made for the purposes of the Justices Act 1959 in relation to an offence under subsection (3) is to be made within 12 months after the date of the offence.

35A.   

[Section 35A Inserted by No. 1 of 1985, s. 4 ][Section 35A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 35A Repealed by No. 86 of 2001, s. 13, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

36.   Injury by driving, &c.

(1)  [Section 36 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person in charge of any animal or vehicle shall not, by wanton or furious riding or driving or racing or other wilful misconduct or wilful neglect, cause any bodily harm to any other person.

(1A)  [Section 36 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years.

(2)  [Section 36 Subsection (2) amended by No. 48 of 1960, s. 79 and Sched. 1 ][Section 36 Subsection (2) amended by No. 41 of 1961, s. 6 and Sched. 5 ][Section 36 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2 ]If, upon any person being charged with an offence under this section –

(a) such person, on his appearance to answer such charge, and not afterwards, elects to be tried on such charge by a jury; or

(b) the court before which such person is charged considers that the offence is of so serious a nature that it should be tried on indictment –

the offence shall be deemed to be a crime and shall be punishable on indictment under the Criminal Code accordingly, and the court shall proceed therein as provided by Part VII of the Justices Act 1959 .

(3)  In every such case as aforesaid, one of the justices shall inform the person so charged, upon his appearing to answer the charge, of his right to be tried by jury if he so desires.

PART IV - Injuries to Property

37.   Offences relating to property

(1)  [Section 37 Subsection (1) amended by No. 32 of 1963, s. 18 ][Section 37 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully destroy or injure any property.

(2)  [Section 37 Subsection (2) amended by No. 32 of 1963, s. 18 ][Section 37 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully and maliciously kill, maim, or wound any animal the property of any other person.

(2A)  [Section 37 Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 12 months.

(3)  [Section 37 Subsection (3) inserted by No. 71 of 1962, s. 8 ][Section 37 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (3) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 37 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully remove, displace, deface, obliterate, or conceal any –

(a) boundary mark;

(b) beacon;

(c) survey mark;

(d) mark used in setting out any work;

(e) milestone or kilometre post;

(f) sign post; or

(g) notice –

set up or posted by or on behalf of a public authority.

(3A)  [Section 37 Subsection (3A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.

(4)  [Section 37 Subsection (4) added by No. 71 of 1962, s. 8 ][Section 37 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not carelessly or negligently break, throw down, destroy, or damage a lamp erected to light a street in a town or a post, iron, cover, or other furniture of such a lamp.

(4A)  [Section 37 Subsection (4A) inserted by No. 86 of 2001, s. 14, Applied:17 Dec 2001] A person must not unlawfully damage or interfere with any work of a council or any material used or provided for that work.

(5)  [Section 37 Subsection (5) amended by No. 86 of 2001, s. 14, Applied:17 Dec 2001] [Section 37 Subsection (5) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (4) or (4A) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

PART IVA - Offences Involving Vehicles

[Part IVA Heading amended by No. 104 of 2001, s. 4, Applied:01 Jan 2002] [Part IVA Inserted by No. 23 of 1973, s. 2 ]

Division 1 - [Division 1 of Part IVA Heading inserted by No. 29 of 2004, s. 8, Applied:23 Sep 2004] Motor vehicle stealing, &c.

37A.   Interpretation

[Section 37A Inserted by No. 23 of 1973, s. 2 ][Section 37A Amended by No. 99 of 1982, s. 3 and Sched. 2 ]In this Part, unless the contrary intention appears –

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;

authorized officer has the same meaning as it has in the Traffic Act 1925 ;

court of summary jurisdiction means a court held by a magistrate sitting alone in petty session;

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;

juvenile means a person who has not attained the age of 17 years;

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] registered operator has the same meaning as in the Vehicle and Traffic Act 1999 .

37B.   Motor vehicle stealing

[Section 37B Inserted by No. 23 of 1973, s. 2 ]

(1)  [Section 37B Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Subject to subsection (2) , a person who drives or uses a motor vehicle without the consent of the owner or registered operator of the vehicle or of some person who is lawfully in charge of the vehicle and has authority to give that consent is guilty of the offence of motor vehicle stealing.

(2)  Subsection (1) does not apply to or in relation to the driving or use of a motor vehicle by a police officer or an authorized officer acting in the execution of his duty.

(3)  [Section 37B Subsection (3) inserted by No. 10 of 1998, s. 4, Applied:22 May 1998] A complaint made for the purposes of the Justices Act 1959 in relation to an offence under this section is to be made within 12 months after the date of the offence.

(4)  [Section 37B Subsection (4) inserted by No. 86 of 2001, s. 15, Applied:17 Dec 2001] If the court before which a person is charged with an offence under this section considers that the offence is so serious that it should be tried on indictment –

(a) the offence is taken to be a crime under the Criminal Code; and

(b) the court is to proceed under Part VII of the Justices Act 1959 .

37C.   Procuring the hire or use of a motor vehicle by fraud, &c.

[Section 37C Inserted by No. 23 of 1973, s. 2 ][Section 37C Amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not procure the hire or use of a motor vehicle by means of fraud or misrepresentation.

37D.   Summary prosecution of offenders

[Section 37D Inserted by No. 23 of 1973, s. 2 ]Notwithstanding any other law or rule of law in force or having effect in the State –

(a) proceedings for an offence under section 37B or section 37C may be taken summarily and a person who is convicted in any such proceedings may be dealt with in accordance with the provisions of this Part; and

(b) a court of summary jurisdiction has jurisdiction to hear and determine any such proceedings and impose such penalties as are prescribed in this Part.

37E.   Penalty

[Section 37E Inserted by No. 23 of 1973, s. 2 ][Section 37E Amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person who is convicted of an offence under section 37B or section 37C is liable to a penalty not exceeding 50 penalty units or to imprisonment for a term not exceeding 3 years.

37F.   Disqualification from driving

[Section 37F Inserted by No. 23 of 1973, s. 2 ]

(1)  [Section 37F Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Subject to subsection (4) , where a person (not being a juvenile) is convicted of an offence under section 37B or section 37C , the court by which he is convicted may, in addition to any other penalty it imposes on him, order him to be disqualified from driving for such period as the court may determine.

(2)  [Section 37F Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Subject to subsection (3) , where a juvenile is convicted of an offence under section 37B or section 37C , the court by which he is convicted shall, in addition to any other penalty it imposes on him, order him to be disqualified from driving for such period as the court may determine.

(3)  [Section 37F Subsection (3) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] The period determined by a court under subsection (2) must be a period that expires not earlier than 12 months after the juvenile attains the age at which he or she would, but for the disqualification, become eligible to hold a driver licence under the Vehicle and Traffic Act 1999 .

(4)  [Section 37F Subsection (4) amended by No. 86 of 2001, s. 16, Applied:17 Dec 2001] [Section 37F Subsection (4) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 37F Subsection (4) amended by No. 93 of 1986, s. 11 ]Where a person (whether a juvenile or not) is convicted of an offence under section 37B or section 37C and a compensation order is made against the person under section 98 of the Youth Justice Act 1997 or section 68 of the Sentencing Act 1997 , the court by which he is convicted shall disqualify that person from driving until that person has paid in full the sum specified in that order.

(5)  [Section 37F Subsection (5) inserted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person against whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .

37G.   

[Section 37G Repealed by No. 93 of 1986, s. 12 ].  .  .  .  .  .  .  .  

37H.   Application of section 18 of the Vehicle and Traffic Act 1999

[Section 37H Substituted by No. 96 of 1976, s. 15 and Sched. II ][Section 37H Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Section 18 of the Vehicle and Traffic Act 1999 applies to the conviction of a person for an offence under section 37B or section 37C as it would apply if that offence were an offence under that Act.

37I.   Tampering with vehicles

[Section 37I Inserted by No. 104 of 2001, s. 5, Applied:01 Jan 2002] A person must not unlawfully tamper or interfere with a motor vehicle or trailer.

Penalty:  Fine not exceeding 20 penalty units.

37J.   Excessive noise, smoke, &c., from vehicles

[Section 37J Inserted by No. 29 of 2004, s. 9, Applied:23 Sep 2004]

(1)  A person must not, unless otherwise authorised under this or any other Act, operate or control a vehicle in a public place –

(a) in a manner that makes or emits unnecessary and unreasonable noise; or

(b) in an exhibition of speed, acceleration or sustained loss of traction; or

(c) in a race against another vehicle.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months, or both.

(2)  A court that convicts a person of an offence under subsection (1) may, in addition to the penalty specified in that subsection, disqualify the person from driving for a period not exceeding 2 years.

(3)  When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person on whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .

Division 2 - Confiscation of vehicles for certain offences

Subdivision 1 - Preliminary

[Subdivision 1 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37K.   Interpretation of Division

In this Division, unless the contrary intention appears –

confiscated vehicle means a vehicle confiscated under section 37N(1) ;

Court means the Magistrates Court;

forfeiture order means an order under section 37Y ;

prescribed offence means an offence against –

(a) section 15B involving the use of a motor vehicle; or

(b) section 37J ; or

(c) section 48 .

37L.   Application of Division

(1)  This Division applies where a police officer reasonably believes a person is committing, or has committed, a prescribed offence.

(2)  A reference in this Division to a prescribed offence is a reference to a prescribed offence committed after the commencement of this Division.

(3)  Nothing in this Division, except for section 37Y(5) , affects the rights of a creditor under the Consumer Credit (Tasmania) Code.

37M.   Punishment under Division additional to other punishment

The confiscation or forfeiture of a vehicle or the imposition of a period of community service on a person under this Division arising out of the commission of a prescribed offence is in addition to any other penalty that may be imposed on the person for the prescribed offence.

Subdivision 2 - Confiscation of vehicles

[Subdivision 2 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37N.   Confiscation of vehicles

(1)  If a police officer reasonably believes that a prescribed offence involving a vehicle has been, or is being, committed, the police officer may –

(a) confiscate the vehicle; and

(b) have the vehicle moved to a holding yard and held in accordance with this Division.

(2)  A police officer must not confiscate a vehicle more than 10 days after the commission of the prescribed offence.

(3)  For the purpose of confiscating a vehicle, a police officer may –

(a) direct the person in control of the vehicle to stop the vehicle and keep it stationary for as long as the officer reasonably requires; and

(b) direct the person in control of the vehicle, or in possession of the keys or any other thing necessary to enable the vehicle to be moved, to give the keys or other thing to the police officer; and

(c) enter the vehicle, with the use of reasonable force if necessary; and

(d) take any other action reasonably necessary for confiscating the vehicle.

(4)  A police officer is to move a confiscated vehicle, or arrange for it to be moved, to a holding yard in any way that the police officer considers appropriate.

(5)  A person who contravenes or fails to comply with a direction given under subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units.

37O.   Period of confiscation for first prescribed offence

If a person is found offending in respect of a prescribed offence by a police officer and that person has not been found offending in respect of a prescribed offence in the preceding 12 months, the vehicle used in connection with the offence may be confiscated for a period of 48 hours.

37P.   Period of confiscation for second prescribed offence

If a person is found offending in respect of a prescribed offence by a police officer and that person has been found offending in respect of a prescribed offence on one or 2 occasions in the preceding 12 months, the vehicle used in connection with the offence may be confiscated for a period of 3 months.

37Q.   Period of confiscation for third or subsequent offence

If a person is found offending in respect of a prescribed offence by a police officer and that person has been found offending in respect of a prescribed offence on 3 or more occasions in the preceding 12 months, the vehicle used in connection with the offence may be confiscated until the resolution of all existing charges against the person for those offences.

37R.   Transportation of vehicle to holding yard

(1)  A police officer may arrange for a confiscated vehicle to be driven or transported to a holding yard.

(2)  A person responsible for driving or transporting a confiscated vehicle must drive or transport the vehicle –

(a) directly to a particular holding yard, if so directed by a police officer; or

(b) if no such direction is given, directly to the holding yard to which the person usually transports confiscated vehicles.

Penalty:  Fine not exceeding 20 penalty units.

37S.   Unlawful interference with, or removal of, confiscated vehicle

(1)  A person must not unlawfully interfere with a confiscated vehicle, or take a confiscated vehicle from the person responsible for driving or transporting it to a holding yard.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not unlawfully remove a confiscated vehicle from a holding yard.

Penalty:  Fine not exceeding 40 penalty units.

(3)  If there is a contravention of subsection (1) , or a confiscated vehicle is unlawfully removed from a holding yard, a police officer may seize and move the vehicle to a holding yard.

(4)  For the purposes of subsection (3) , a police officer may, without warrant, enter any place where the police officer reasonably suspects that the vehicle may be found.

37T.   Notice of confiscation to be given

(1)  As soon as reasonably practicable after a vehicle is confiscated, a police officer is to give written notice of its confiscation to –

(a) the person in control of the vehicle at the time of the relevant prescribed offence; and

(b) any registered operator of the vehicle who can be ascertained after reasonable inquiry; and

(c) any owner of the vehicle who can be ascertained after reasonable inquiry.

(2)  The notice is to include the information required under section 37U or 37V .

37U.   Content of notice for first offence

A notice of confiscation where a person has committed, or has been charged with committing, a first prescribed offence is to include the following:

(a) a statement that the vehicle is confiscated for 48 hours and will not be released before that time without the order of the Court or the written authority of a police officer of or above the rank of inspector;

(b) directions as to how the registered operator or owner of the confiscated vehicle may recover the vehicle;

(c) a statement that, before the vehicle may be recovered, the person recovering the vehicle will be required –

(i) to produce to the person responsible for the holding yard satisfactory evidence of his or her identity and a written authority from the registered operator or owner of the vehicle to collect the vehicle; and

(ii) to pay the costs of moving the vehicle to, keeping the vehicle in and releasing the vehicle from the holding yard;

(d) notice of the penalty for unlawfully removing the vehicle from the place at which it is held.

37V.   Content of notice for second or subsequent offence

A notice of confiscation where a person has committed, or been charged with committing, a second or subsequent prescribed offence is to state the following:

(a) the period for which the vehicle is confiscated;

(b) that an application may be made to the Court by a police officer for the forfeiture of the vehicle;

(c) that the person in control of the vehicle at the time the prescribed offence was committed or the registered operator or owner may apply to the Court, at any time before the application is heard and determined, for the return of the vehicle until the application is heard and determined;

(d) that, in support of an application under paragraph (c) , the registered operator or owner may be required to produce satisfactory evidence of the ownership of the vehicle;

(e) that, if the vehicle is returned under paragraph (c) , the Court may impose conditions on its return;

(f) that, before the vehicle may be recovered, the person recovering the vehicle will be required –

(i) to produce to the person responsible for the holding yard satisfactory evidence of his or her identity and authority to collect the vehicle; and

(ii) to pay the costs of moving the vehicle to, keeping the vehicle in and releasing the vehicle from the holding yard;

(g) the penalty for unlawfully removing the vehicle from the holding yard at which it is held.

37W.   Advice to registered operator of date of hearing

As soon as reasonably practicable after a date is set for the hearing of an application for a forfeiture order for a confiscated vehicle, the Court is to give written notice of the date, time and place of the hearing to –

(a) the person in control of the vehicle at the time of the relevant prescribed offence; and

(b) any registered operator of the vehicle who can be ascertained after reasonable inquiry; and

(c) any owner of the vehicle who can be ascertained after reasonable inquiry.

37X.   Costs of confiscation

(1)  A vehicle confiscated under this Division is not to be returned until the costs of moving the vehicle to, keeping the vehicle in and releasing the vehicle from a holding yard have been paid.

(2)  If a person is found not guilty of the prescribed offence or offences for which they are charged, or the proceeding is withdrawn, the Crown is liable to pay the costs of moving, keeping and releasing the vehicle.

Subdivision 3 - Forfeiture orders

[Subdivision 3 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37Y.   Application for forfeiture order

(1)  Within 3 months after a vehicle is confiscated in accordance with section 37Q , a police officer may apply to the Court for forfeiture of the vehicle.

(2)  The Court may make an order that a confiscated vehicle be forfeited to the Crown, if the driver has, within 12 months before the day when the vehicle was confiscated, been convicted of an earlier prescribed offence on 3 or more occasions.

(3)  On the making of a forfeiture order for a vehicle –

(a) the vehicle becomes the property of the Crown; and

(b) any right of a person to enforce a charge or other security interest registered under the Motor Vehicles Securities Act 1984 against a person other than the State by taking possession of the vehicle is extinguished.

(4)  An application under subsection (1) is to be made to the Court even though the value of the vehicle may be more than the monetary jurisdiction of the Court.

(5)  The driver, registered operator or owner of a vehicle confiscated under section 37Q may apply to the Court, at any time before the application for forfeiture is heard and determined, for the return of the vehicle.

(6)  If the Court is satisfied that the confiscation or forfeiture of a vehicle will cause severe hardship to a person, the Court may order that the vehicle be returned to the registered operator or owner until the application for forfeiture is heard and determined.

(7)  The Court may, on the return of the vehicle under subsection (6) , impose such conditions on the use of the vehicle as it considers appropriate.

(8)  The registered operator or owner of the vehicle must not substantially alter, sell or otherwise dispose of a vehicle returned under subsection (6) until the application for forfeiture is determined or withdrawn.

Penalty:  Fine not exceeding 40 penalty units.

37Z.   Defence to show no knowledge and consent

(1)  In a proceeding for forfeiture of a confiscated vehicle, it is a defence for the registered operator or owner of the vehicle to show that the prescribed offence happened without his or her knowledge and consent.

(2)  If a Court is satisfied that the defence referred to in subsection (1) is established, the Court is to order that the vehicle be returned to the registered operator or owner on payment of the costs payable under section 37X(1) .

37ZA.   Powers for enforcing forfeiture order

If the Court orders the return of a vehicle to its registered operator or owner under section 37Y(6) and later makes a forfeiture order for the vehicle, the Court may, in the order, authorise a police officer, without warrant, to enter any place where the police officer reasonably believes the vehicle may be found and search for, seize and move the vehicle to a holding yard.

37ZB.   Third party protection from forfeiture order

(1)  A person, other than the defendant, who did not appear at the hearing of an application for forfeiture and has an interest in the relevant vehicle may apply to the Court for an order under subsection (5) .

(2)  Unless the Court gives leave, the application must be made within 6 months after the day on which the forfeiture order was made.

(3)  Unless the Court gives leave, a person who was given notice of the application for forfeiture may not apply to the Court for an order under subsection (5) .

(4)  The Court may give leave for a later application if it is satisfied that the delay in applying was not due to the applicant's neglect.

(5)  On an application, an order may be made –

(a) declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant's interest in the vehicle; and

(b) directing the Crown –

(i) if the vehicle is still vested in the Crown, to transfer the vehicle to the applicant; or

(ii) if the vehicle is no longer vested in the Crown, to pay to the applicant the value of the applicant's interest in the vehicle after taking into account any amount paid to the holder of a registered security interest under section 37ZL(1)(c) .

(6)  The Court must, and may only, make the order if it is satisfied that –

(a) the applicant has or, but for the forfeiture, would have had a lawful interest in the vehicle; and

(b) the relevant prescribed offence happened without the knowledge or consent of the applicant.

(7)  For the purposes of an application under this Division, including an application for leave to apply –

(a) the applicant must give notice of the making of the application to the Commissioner; and

(b) the party given notice is to be a party to the application.

(8)  In this section –

defendant means the person convicted of the prescribed offence in respect of which the forfeiture order was made;

relevant prescribed offence means the prescribed offence in respect of which the forfeiture order was made.

Subdivision 4 - Recovery and return of vehicles

[Subdivision 4 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37ZC.   Recovery of vehicle confiscated for first prescribed offence

If a notice under section 37U has been served on a person, the confiscated vehicle may, on payment of the costs payable under section 37X(1) , be recovered from the holding yard as soon as reasonably practicable during normal business hours after the expiration of 48 hours after the vehicle is confiscated.

37ZD.   Return of vehicle confiscated for second or subsequent prescribed offence

(1)  If a vehicle is confiscated by a police officer under section 37P or 37Q , the person in control of the vehicle at the time of the prescribed offence, a registered operator or an owner may apply to the Court for the return of the vehicle.

(2)  If the Court is satisfied that the confiscation of a vehicle is causing, or will cause, severe hardship to a person, the Court may order that the vehicle be returned to the registered operator or owner.

(3)  The Court may, on the return of the vehicle, impose such conditions as it considers appropriate on the use of the vehicle.

(4)  A person must not substantially alter, sell or otherwise dispose of a vehicle returned under subsection (2) until the charge giving rise to the confiscation is determined.

Penalty:  Fine not exceeding 40 penalty units.

37ZE.   Confiscated vehicle to be returned in certain circumstances

(1)  If a police officer of or above the rank of inspector considers it necessary or desirable in the circumstances, he or she may authorise the immediate return of a confiscated vehicle on payment of the costs payable under section 37X(1) .

(2)  If a confiscated vehicle was, at the time of the prescribed offence, stolen or was being hired, the vehicle must be returned to the registered operator or owner as soon as reasonably practicable during normal business hours.

37ZF.   Return of vehicle in case of severe hardship

(1)  If the Court is satisfied that the confiscation or forfeiture of a vehicle will cause severe hardship to a person, the Court may, instead of ordering the confiscation or forfeiture, order that –

(a) the vehicle be returned to the registered operator or owner; and

(b) the person convicted of the prescribed offence perform not more than 240 hours of community service.

(2)  If the Court makes an order under subsection (1) , the vehicle must be returned as soon as reasonably practicable.

37ZG.   Return of vehicle if driver found not guilty, &c.

If a person is found not guilty of a prescribed offence or the proceeding is discontinued, and the relevant vehicle is not the subject of another confiscation order under this Division, the vehicle must be returned to its registered operator or owner as soon as reasonably practicable during normal business hours.

37ZH.   Disposal of confiscated vehicle

(1)  If, within 2 months after a period of confiscation of a vehicle ends, the vehicle is not recovered, the Commissioner may sell or dispose of the vehicle and anything in or on it in a way the Commissioner considers appropriate.

(2)  The Commissioner must –

(a) advertise the proposed sale or disposal in a newspaper circulating in the locality where the vehicle was confiscated; and

(b) give written notice of the proposed sale or disposal of the vehicle to the registered operator.

37ZI.   Disposal of forfeited vehicle

(1)  The Commissioner may sell a vehicle forfeited to the Crown under this Division or otherwise dispose of it in a way the Commissioner considers appropriate.

(2)  Before the vehicle is sold or otherwise disposed of, the registered operator or a person authorised by the registered operator may remove any contents from the vehicle that are not part of the vehicle or attached to it.

37ZJ.   Voluntary transfer of ownership of vehicle to Crown

(1)  If a confiscated vehicle is not subject to any interest, charge, lien or encumbrance, the owner may agree to transfer ownership of the vehicle to the Crown at the end of the period of confiscation.

(2)  The agreement is to be written and witnessed by a person who may witness a statutory declaration.

(3)  If the Crown agrees in writing to the transfer of the vehicle –

(a) the vehicle becomes the property of the Crown; and

(b) the Commissioner may sell or dispose of the vehicle and anything in it or on it in a way the Commissioner considers appropriate; and

(c) before the vehicle is transferred, the owner or a person authorised by the owner may remove any contents from the vehicle that are not part of the vehicle or attached to it.

37ZK.   Confiscated vehicle not to be sold, &c., while confiscated

A confiscated vehicle must not be sold or otherwise disposed of during the period of confiscation or whilst it is subject to a Court order under this Act.

37ZL.   Application of proceeds of sale

(1)  If the Commissioner sells a vehicle under section 37ZH or 37ZI , the proceeds of the sale of the vehicle are to be paid as follows:

(a) firstly, in payment of the expenses of the sale;

(b) secondly, in payment of the costs of and incidental to confiscating and keeping the vehicle;

(c) thirdly, if there is an amount owing to a person under a security interest registered for the vehicle under the Motor Vehicles Securities Act 1984 , in payment of the amount owing to the holder of the security interest;

(d) fourthly –

(i) if the vehicle is sold under section 37ZH , to the owner; or

(ii) if the vehicle is sold under section 37ZI , to the Consolidated Fund.

(2)  Compensation is not recoverable against the Crown in relation to a payment made under this section.

37ZM.   Protection from liability

(1)  A police officer acting in good faith is not liable for any damage to, or depreciation, loss or loss of use of, the vehicle during the confiscation of the vehicle or the period for which it is held under this Act.

(2)  A liability which, but for subsection (1) , attaches to a police officer, instead attaches to the Crown.

(3)  If a police officer arranges the transportation of a vehicle under section 37R to a holding yard, the Crown is not liable for any damage, loss or depreciation to the vehicle while it is being driven or transported to, or confiscated in, the holding yard.

PART V - Offences Involving Dishonesty

38.   

[Section 38 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 38 Repealed by No. 86 of 2001, s. 17, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

38A.   Making off without payment

[Section 38A Inserted by No. 44 of 1990, s. 225 and Sched. 3 ]

(1)  A person who knows that payment on the spot for goods supplied or services done is required from that person shall not dishonestly make off without having paid as expected.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 12 months.

(2)  For the purposes of subsection (1) payment on the spot includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3)  Subsection (1) does not apply –

(a) if the supply of the goods or the doing of the service was contrary to law; or

(b) if the service done is such that payment is not legally enforceable.

(4)  Any person may arrest without warrant anyone who is, or whom that person, with reasonable cause, suspects to be, committing or attempting to commit an offence under this section.

39.   Possession of stolen property

[Section 39 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 39 Subsection (1) amended by No. 32 of 1963, s. 19 ][Section 39 Subsection (1) substituted by No. 86 of 2001, s. 18, Applied:17 Dec 2001] A person must not have possession or control of any property that is reasonably believed by a police officer to have been stolen or unlawfully obtained.

(1A)  [Section 39 Subsection (1A) inserted by No. 86 of 2001, s. 18, Applied:17 Dec 2001] It is a defence to proceedings for an offence under subsection (1) for a person to provide a satisfactory account of possession or control of the property.

(2)  [Section 39 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding –

(a) 12 months for a first offence; or

(b) 2 years for a second or subsequent offence.

39A.   Offences in relation to sheep, cattle, and other stock

[Section 39A Inserted by No. 71 of 1962, s. 9 ][Section 39A Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 39A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 39A Subsection (1) amended by No. 46 of 1991, s. 5 and Sched. 3 ][Section 39A Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ]

(1)  [Section 39A Subsection (1) amended by No. 55 of 1965, s. 5 ]A person shall not –

(a) [Section 39A Subsection (1) amended by No. 56 of 2003, s. 15, Applied:01 Nov 2003] receive or have in his possession the untanned skin of any sheep or ox from which a registered brand or prescribed brand within the meaning of the Animal (Brands and Movement) Act 1984 has been cut away, or on which such a brand has been obliterated by cutting or alteration, unless the person is authorised under that Act to receive or possess such a skin;

(b) have in his possession or upon his premises the skin of any sheep or ox or the carcase or any part, exceeding 3 kilograms in weight, of the carcase of any sheep or ox for the possession of which, or for the presence of which upon his premises, as the case may be, he cannot give a satisfactory account; or

(c) have in his possession or under his control any stock which is reasonably believed to have been stolen, and for his possession or control of which he cannot give a satisfactory account.

(2)  [Section 39A Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 12 months.

40.   Possession and sale of shipwrecked property

(1)  [Section 40 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not –

(a) be found in possession of;

(b) knowingly have on his premises; or

(c) sell or offer or expose for sale –

any property whatever belonging to any vessel in distress or wrecked, stranded, or cast on shore, unless he satisfies the court before which he is charged with so doing that he lawfully came by such property.

(1A)  [Section 40 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months.

(2)  If any person offers or exposes for sale any property whatsoever which has been unlawfully taken, or is reasonably supposed to have been so taken, from any vessel in distress, or wrecked, or stranded, or cast on shore, any police officer may lawfully seize the same, and shall, with all convenient speed, deliver the same, or give notice of seizure thereof, to a justice; and, if the person who has offered or exposed the property for sale, being summoned before the court, does not satisfy the court that he came lawfully by the same, he may be ordered to pay the cost, if any, of such seizure and delivery in addition to any penalty imposed upon him.

41.   Advertising reward for return of stolen property

[Section 41 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 41 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person shall not –

(a) publicly advertise a reward for the return of any property which has been stolen or lost, and in such advertisement use any words intimating or purporting that no questions will be asked;

(b) make use of any words in any public advertisement intimating or purporting that a reward will be given or paid for any such property as aforesaid, without seizing, or making any inquiry after the person producing, such property;

(c) promise or offer in any public advertisement to return to any pawnbroker or other person any money paid or advanced on any such property, or any other sum of money or reward for the return thereof; or

(d) print or publish any such advertisement as aforesaid.

(2)  [Section 41 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.

42.   Taking or using animal, vehicle, or vessel without owner's consent

[Section 42 Substituted by No. 32 of 1963, s. 20 ]

(1)  [Section 42 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 42 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 42 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not take or use any animal that is the property of another person without –

(a) the consent of the owner or person in lawful possession thereof; or

(b) other lawful excuse.

(1A)  [Section 42 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to –

(a) a penalty not exceeding 5 penalty units or imprisonment for a term not exceeding 6 months, for a first offence; or

(b) a penalty not exceeding 20 penalty units or imprisonment for a term not exceeding 2 years, for a second or subsequent offence.

(2)  [Section 42 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not –

(a) [Section 42 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] take or use any vehicle (other than a motor vehicle within the meaning of the Vehicle and Traffic Act 1999 ); or

(b) [Section 42 Subsection (2) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] take or use any vessel within the meaning of the Marine and Safety Authority Act 1997 –

that is the property of any other person without the consent of the owner or person in lawful possession thereof.

(3)  [Section 42 Subsection (3) substituted by No. 13 of 1987, s. 5 and Sched. 1 ]Subject to subsections (4) and (5) , a person who contravenes a provision of subsection (2) is guilty of an offence and is liable on summary conviction to –

(a) a penalty not exceeding 10 penalty units or imprisonment for a term not exceeding 12 months, for a first offence; or

(b) imprisonment for a term of not less than 12 months or more than 2 years, for a second or subsequent offence.

(4)  [Section 42 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 42 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ]Notwithstanding the provisions of subsection (3) , where a person is convicted of an offence under subsection (2) by taking or using a wheelbarrow, hand cart, bicycle, or other like vehicle the penalty, whether for a first or subsequent offence, shall not exceed 3 penalty units or 3 months' imprisonment.

(5)  Notwithstanding the provisions of subsection (3) , where a person is convicted of an offence under subsection (2) , having previously been convicted of an offence thereunder, the court before which he is convicted, if it thinks it reasonable so to do, having regard to all or any of the following matters, namely:

(a) The time that has elapsed since the commission of a previous offence;

(b) The character, antecedents, age, health, or mental condition of that person; and

(c) Any other special circumstances –

may impose on that person such penalty being less than the penalty prescribed by paragraph (b) of subsection (3) as the court may consider just and reasonable in all the circumstances of the case, but the court shall not in any such case impose a penalty of lesser severity than the fine prescribed in respect of a first offence against subsection (2) .

(6)  Nothing in this section affects the law of marine salvage.

43.   Finding property

(1)  [Section 43 Subsection (1) substituted by No. 46 of 1991, s. 5 and Sched. 3 ]A person finding and taking possession of any money, goods, or chattels shall not fail to convey and deliver the same to a neighbouring police station within 7 days after such taking of possession, unless, if the owner is known to that person, he or she has within that time restored the same to such owner.

(1A)  [Section 43 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

(2)  [Section 43 Subsection (2) amended by No. 32 of 1963, s. 21 ][Section 43 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 43 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not apply to his own use or dispose of, otherwise than in pursuance of subsection (1) , any money, goods, or chattels found by him.

(2A)  [Section 43 Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.

(3)  [Section 43 Subsection (3) amended by No. 32 of 1963, s. 21 ][Section 43 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 43 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]The court may order any person convicted before it of an offence against subsection (2) to pay to the owner of the property such sum not exceeding $1 000, as the court considers to be the value of the property, and such sum shall be recoverable as part of the penalty.

(4)  [Section 43 Subsection (4) amended by No. 77 of 2003, s. 7, Applied:15 Dec 2003] When any such property as aforesaid is brought to a police station, the police officer in charge shall forthwith receive the same and enter in a book to be kept in the police station for that purpose a description thereof, together with the name and address of the person by whom the same was brought to the station. The property so entered shall be delivered to the person who proves to the satisfaction of a justice or a police officer of or above the rank of inspector that the same belongs to him, such person previously paying all such reasonable expenses, if any, incurred by the finder or in respect of any advertisement or otherwise, as such justice may award.

(5)  [Section 43 Subsection (5) omitted by No. 19 of 1961, s. 5 ].  .  .  .  .  .  .  .  

(6)  [Section 43 Subsection (6) amended by No. 77 of 2003, s. 7, Applied:15 Dec 2003] [Section 43 Subsection (6) amended by No. 19 of 1961, s. 5 ]Any such property as aforesaid to which no claim has been established within 3 months after the same has been brought to a police station shall be returned to the person by whom it was so brought, if he applies for the same within one month after the expiration of such 3 months and satisfies a justice or a police officer of or above the rank of inspector that he did not come by it by any means that were not lawful; and in default the same shall be sold and disposed of as a justice may direct, and the proceeds of the sale shall be paid into the Consolidated Fund.

(6A)  [Section 43 Subsection (6A) inserted by No. 19 of 1961, s. 5 ]Notwithstanding anything in this section, where any property is brought to a police station under this section and by reason of its perishable nature it is likely to become offensive, prejudicial, dangerous to health, or valueless it may be destroyed or disposed of in such manner as a justice may direct.

(7)  [Section 43 Subsection (7) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 43 Subsection (7) added by No. 58 of 1957, s. 3 ][Section 43 Subsection (7) amended by No. 19 of 1961, s. 5 ][Section 43 Subsection (7) amended by No. 87 of 1981, s. 7 ]Nothing in subsection (6) applies to property that is found by a police officer and all property so found shall, at the expiration of the 3 months referred to in that subsection, be sold and disposed of as a justice may direct, and the proceeds of the sale shall be paid into the Consolidated Fund.

(8)  [Section 43 Subsection (8) added by No. 87 of 1981, s. 7 ][Section 43 Subsection (8) omitted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

PART VA - Offences Relating to Computers

[Part VA  Inserted by No. 13 of 1990, s. 8 ]

43A.   Computer-related fraud

[Section 43A Inserted by No. 13 of 1990, s. 8 ]A person who, with intent to defraud –

(a) destroys, damages, erases, alters or otherwise manipulates data stored in, or used in connection with, a computer; or

(b) introduces into, or records or stores in, a computer or system of computers by any means data for the purpose of –

(i) destroying, damaging, erasing or altering other data stored in that computer or that system of computers; or

(ii) interfering with, interrupting or obstructing the lawful use of that computer or that system of computers or the data stored in that computer or system of computers; or

(c) otherwise uses a computer –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43B.   Damaging computer data

[Section 43B Inserted by No. 13 of 1990, s. 8 ]A person who intentionally and without lawful excuse –

(a) destroys, damages, erases or alters data stored in a computer; or

(b) interferes with, interrupts or obstructs the lawful use of a computer, a system of computers or any part of a system of computers or the data stored in that computer or system of computers –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43C.   Unauthorized access to a computer

[Section 43C Inserted by No. 13 of 1990, s. 8 ]A person who, without lawful excuse, intentionally gains access to a computer, system of computers or any part of a system of computers, is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43D.   Insertion of false information as data

[Section 43D Inserted by No. 13 of 1990, s. 8 ]A person who dishonestly introduces into, or records or stores in, a computer or system of computers, by any means, false or misleading information as data is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43E.   Extra-territorial application of this Part

[Section 43E Inserted by No. 13 of 1990, s. 8 ]

(1)  If –

(a) a person does an act or thing referred to in sections 43A to 43D (both inclusive) outside, or partly outside, Tasmania; and

(b) there is a real and substantial link within the meaning of subsection (2) between doing the act or thing and Tasmania –

those sections apply in relation to that act or thing as if it had been done wholly within Tasmania.

(2)  For the purposes of subsection (1) , there is a real and substantial link with Tasmania –

(a) if a significant part of the conduct relating to, or constituting, the doing of the act or thing occurred in Tasmania; or

(b) where the act or thing was done wholly outside Tasmania or partly within Tasmania, if substantial harmful effects arose in Tasmania.

PART VI - Miscellaneous Offences

Division I - [Part VI, Div. I Heading substituted by No. 58 of 1957, s. 8 ]Bogus advertisements and false notices

44.   Bogus advertisements

[Section 44 Substituted by No. 58 of 1957, s. 4 ][Section 44 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 44 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person shall not tender for insertion, or cause to be inserted, in a newspaper a bogus advertisement, knowing it to be a bogus advertisement.

(2)  [Section 44 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being the printer or publisher of a newspaper, having received from a person to whom or to whose affairs a bogus advertisement relates, or from a police officer, a request in writing within 3 months after the publication of the advertisement to furnish the name of the person who sent or delivered it for publication shall not fail to furnish the name of the last-mentioned person in accordance with that request.

(2A)  [Section 44 Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(3)  In this section –

bogus advertisement means an advertisement or a notice that contains any material false statement or representation with respect to any birth, death, engagement, marriage, or employment, or with respect to any matter concerning any person, or the property of any person, other than the person who tenders the advertisement or notice for insertion, or causes it to be inserted, in a newspaper;

[Section 44 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003]

44A.   False reports to police

[Section 44A Inserted by 11 Geo. VI No. 52, s. 2 ]

(1)  [Section 44A Subsection (1) amended by No. 32 of 1963, s. 22 ][Section 44A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 44A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not, falsely and with knowledge of the falsity of his statement, represent to any police officer that any act has been done, or that any circumstances have occurred, which act or circumstances as so represented are such as reasonably call for investigation by the police.

(1A)  [Section 44A Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 44A Subsection (1A) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 6 months.

(2)  [Section 44A Subsection (2) amended by No. 32 of 1963, s. 22 ]In any proceedings instituted against any person under this section, the court, on the application of the complainant, may order that, in addition to or instead of a penalty, the offender shall pay to the complainant a reasonable sum for the expenses of or incidental to any investigation made by any police officer by reason of such offence.

(3)  Any amount received by the complainant under this section shall be paid by him into the Consolidated Fund.

(4)  This section shall not be held to restrict the operation of any other Act or rule of law.

Division II - .  .  .  .  .  .  .  .  

[Division II of Part VI Repealed by No. 1 of 2001, s. 14, Applied:12 Apr 2001]

45.   

[Section 45 Repealed by No. 1 of 2001, s. 14, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

46.   

[Section 46 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 46 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 46 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 46 Repealed by No. 1 of 2001, s. 14, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

Division IIA - Setting of traps

[Part VI, Div IIA Inserted by No. 76 of 1974, s. 2 ]

46A.   

[Section 46A Repealed by No. 2 of 1994, s. 4 ].  .  .  .  .  .  .  .  

Division III - [Part VI, Div. III Heading amended by No. 58 of 1957, s. 8 ]Motor-vehicle races and reliability trials

47.   Interpretation

[Section 47 Amended by No. 58 of 1957, s. 5 ][Section 47 Amended by No. 89 of 1958, s. 2 ][Section 47 Amended by No. 10 of 1959, s. 2 ][Section 47 Amended by No. 71 of 1973, s. 35 and Sched. 3 ]In this Division –

accident means any occurrence caused by or arising out of the use of a motor-vehicle whereby the death of, or bodily injury to, any person, or damage or injury to any property, results;

[Section 47 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]

[Section 47 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;

motor-vehicle race includes –

(a) any race or competition in which two or more motor-vehicles compete or take part, whether or not at one and the same time, and in the result of which the actual speed of such motor-vehicles is a determining factor;

(b) any test to which a motor-vehicle is subjected for the purpose of ascertaining, either alone or in conjunction with other matters, its actual speed capabilities; and

(c) [Section 47 Amended by No. 68 of 2004, s. 4, Applied:17 Dec 2004] the use of any motor-vehicle in any practice at the place where, or over any part of the course on which, any such race, competition, or test is to take place –

[Section 47 Amended by No. 68 of 2004, s. 4, Applied:17 Dec 2004] but does not include the use of a motor-vehicle, on a public street, for reconnaissance or familiarisation purposes at the place where, or over any part of the course on which, any such race, competition or test is to take place with a view to the participation in that race, competition or test of a motor-vehicle or person;

reliability trial means a competition that is held for the purpose of testing, or is designed to test, the ability of a driver or rider of a motor-vehicle and the roadworthiness of a motor-vehicle, and the use of any motor-vehicle in any practice at the place where, or over any part of the course on which, any such competition is to be held with a view to the participation in that competition of that motor-vehicle or the person so using it.

48.   No motor-vehicle race or reliability trial to be held without a permit

[Section 48 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 48 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 48 Subsection (1) amended by No. 58 of 1957, s. 6 ]A person shall not hold, or be concerned in the holding of, or compete or take part in, any motor-vehicle race or reliability trial unless a permit for the holding thereof has been previously granted by the Commissioner, and then only in accordance with the terms and conditions specified in such permit.

(2)  [Section 48 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.

49.   Power of Commissioner of Police to grant permit

[Section 49 Amended by No. 82 of 1973, s. 6 ]

(1)  [Section 49 Subsection (1) amended by 25 Geo. V No. 78 ][Section 49 Subsection (1) amended by No. 58 of 1957, s. 8 ]The Commissioner may grant to any person a permit for the holding of any motor-vehicle race or reliability trial, and every such permit –

(a) shall specify the day and hours on and between which respectively, and the place in or upon which, the race or trial may be held; and

(b) may impose such conditions as to the holding thereof as the Commissioner shall determine and specify in the permit.

(2)  [Section 49 Subsection (2) amended by No. 58 of 1957, s. 8 ][Section 49 Subsection (2) amended by No. 10 of 1959, s. 3 ]If such permit is granted in respect of any public street within the meaning of the Traffic Act 1925 , the rate or speed of any motor-vehicle competing or taking part in any race or trial to be held under the permit may, notwithstanding any law to the contrary, exceed, to the extent mentioned in the permit, the limit prescribed by such law.

(3)  [Section 49 Subsection (3) substituted by No. 87 of 1981, s. 8 ]Where the Commissioner grants a permit to a person under this section, that person shall pay to the Commissioner the prescribed fee.

(3A)  [Section 49 Subsection (3A) inserted by No. 87 of 1981, s. 8 ][Section 49 Subsection (3A) amended by No. 13 of 1987, s. 5 and Sched. 1 ]Where no fee is prescribed for the time being for the purposes of subsection (3) , the fee payable under that subsection is $10.

(4)  [Section 49 Subsection (4) substituted by No. 10 of 1959, s. 3 ]No permit granted under this section authorizing the holding of a motor-vehicle race, elsewhere than on any land (whether above or below high-water mark) which forms, or forms part of, the beach or shore of the sea or any tidal waters, shall be of any effect unless there is in force in relation to that race a policy of insurance that complies with the requirements of this section.

(5)  [Section 49 Subsection (5) inserted by No. 89 of 1958, s. 3 ][Section 49 Subsection (5) amended by No. 10 of 1959, s. 3 ][Section 49 Subsection (5) amended by No. 71 of 1973, s. 35 and Sched. 3 ]Subject to the provisions of subsection (6) , in order to comply with the requirements of this section a policy of insurance must be a policy which is issued by an insurer approved by the Motor Accidents Insurance Board and insures any person taking part in the motor-vehicle race jointly and each of them severally against any liability (including liability for costs) that may be incurred by any such person, whether jointly with any other person or severally –

(a) in respect of the death of, or bodily injury to, any person caused by or arising out of the use of a motor-vehicle, competing or taking part in that motor-vehicle race; and

(b) where the race takes place on any public road or thoroughfare, in respect of any damage or injury to any property other than a motor-vehicle competing or taking part in the race arising from such use.

(6)  [Section 49 Subsection (6) inserted by No. 89 of 1958, s. 3 ][Section 49 Subsection (6) amended by No. 10 of 1959, s. 3 ][Section 49 Subsection (6) amended by No. 55 of 1965, s. 5 ]A policy of insurance issued for the purposes of subsection (5) shall not be required to provide for –

(a) the payment by the insurer of any sum exceeding –

(i) $10 000 in respect of any claim in respect of the death of, or bodily injury to, any one person; or

(ii) $100 000 in respect of all claims arising out of the same accident in respect of the death of, or bodily injury to, more persons than one; or

(iii) $100 000 in respect of all claims arising out of the same accident in respect of damage or injury to property; or

(b) any contractual liability –

but shall provide for the payment of funeral expenses of any person dying as the result of any accident to which the policy relates.

(7)  [Section 49 Subsection (7) inserted by No. 89 of 1958, s. 3 ][Section 49 Subsection (7) amended by No. 10 of 1959, s. 3 ]Notwithstanding any other law or rule of law to the contrary, an insurer who issues a policy of insurance under or for the purposes of this section is liable to indemnify any person taking part in the motor-vehicle race, and, on his death, his personal representatives, in respect of any liability incurred by that person which the policy purports to cover.

(8)  [Section 49 Subsection (8) substituted by No. 71 of 1973, s. 35 and Sched. 3 ] Section 2 (3) of the Motor Accidents (Liabilities and Compensation) Act 1973 has effect in relation to this section as it has effect in relation to that Act.

Division IIIAA - Activities on public streets

49AA.   Interpretation of Division

[Section 49AA of Part VI Inserted by No. 104 of 2001, s. 6, Applied:01 Jan 2002] In this Division –

cyclist includes a person who is participating in an athletic competition that includes a cycling stage;

demonstration means a march, rally or other kind of political demonstration;

fundraising drive means the solicitation of funds, contributions or other support for a charitable purpose within the meaning of the Collections for Charities Act 2001 ;

procession means a pageant, parade or procession of a religious, commemorative or cultural character, but does not include a march by members of the defence forces of the Commonwealth;

public street has the same meaning as in the Traffic Act 1925 ;

road cycle race means a race, rally or other competitive sporting event involving 2 or more cyclists;

senior police officer means –

(a) the Commissioner; or

(b) the Deputy Commissioner, or an Assistant Commissioner, of Police; or

(c) a police officer of or above the rank of inspector.

49AB.   Public street permits

[Section 49AB of Part VI Inserted by No. 104 of 2001, s. 6, Applied:01 Jan 2002]

(1)  A person must not organise or conduct any of the following activities without a permit if it is to be held, wholly or partly, on a public street:

(a) a demonstration;

(b) a fundraising drive;

(c) a procession;

(d) a road cycle race.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A permit for this section may be issued by a senior police officer and any person may apply in writing for such a permit.

(3)  In the case of fundraising –

(a) a permit may only be issued to or in respect of an organisation that is permitted under section 5 of the Collections for Charities Act 2001 to solicit funds or contributions for a charitable purpose; and

(b) the number of fundraising days authorised by permit in any one city or town in any one year is not to exceed, in aggregate, 45 or, if another number of days is prescribed, the prescribed number.

(4)  In determining whether or not to grant an application for a permit, a senior police officer may consider –

(a) the safety and convenience of the public; and

(b) the arrangements made for the safety and convenience of participants in the proposed activity; and

(c) such other considerations as appear relevant having regard to the time and nature of the proposed activity and its location or, if applicable, its route.

(5)  A permit –

(a) is to be in such form as the senior police officer issuing it determines; and

(b) may be made subject to such conditions as that officer considers necessary or expedient for the safety and convenience of participants and the public, including, if applicable, conditions about public notification, compliance with police directions, marshals and escort vehicles; and

(c) may be made subject to a condition that the organisers of the activity enter into a policy of insurance regarding any deaths, personal injuries or property damage that may arise from the activity; and

(d) must specify the name of the permit holder and the name, or a description, of the activity for which it is issued; and

(e) must specify the location or, if applicable, route of the activity for which it is issued and the date, dates or period when that activity will be held.

(6)  A permit for a road cycle race may, if the issuing senior police officer considers it necessary or expedient to do so, provide that any escort vehicle preceding, accompanying or following the race may, or must, display a flashing yellow light.

(7)  A permit may be surrendered but is not capable of being amended, renewed or transferred.

(8)  The holder of a permit must –

(a) comply with its conditions; and

(b) immediately produce it to any police officer who demands to see it.

Penalty:  Fine not exceeding 10 penalty units.

Division IIIA - Public entertainments

[Part VI, Div. IIIA Inserted by No. 71 of 1962, s. 10 ]

49A.   Interpretation

[Section 49A Inserted by No. 71 of 1962, s. 10 ]In this Division public entertainment means an entertainment (including, though without limiting the meaning of that term, a concert, recital, lecture, reading, entertainment of the stage, cinematograph or other picture show, dancing, skating, boxing, or other amusement, exhibition, or contest) to which persons are admitted on payment or which is open to the public, whether admission thereto is or is not procured by payment of money or on any other condition.

49B.   Power of Commissioner to control public entertainments

[Section 49B Inserted by No. 71 of 1962, s. 10 ][Section 49B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  Where the Commissioner is of opinion that it is fitting –

(a) for the preservation of public morality, good manners, or decorum; or

(b) to prevent a breach of the peace or danger to a performer or other person –

so to do, he may, with the consent of the Minister, by writing under his hand prohibit or regulate the holding of any public entertainment or a specified part or item of any public entertainment, the terms of any licence notwithstanding.

(2)  [Section 49B Subsection (2) amended by No. 55 of 1965, s. 5 ]A person holding or having the superintendence or management of a public entertainment which, or any part or item of which, is held contrary to a prohibition under this section or any condition so imposed after notice thereof has been given as prescribed is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units.

49C.   

[Section 49C Substituted by No. 90 of 1987, s. 3 ][Section 49C Repealed by No. 86 of 2001, s. 19, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

Division IV - .  .  .  .  .  .  .  .  

[Division IV of Part VI Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001]

50.   

[Section 50 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

51.   

[Section 51 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 51 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 51 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 51 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

52.   

[Section 52 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 52 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 52 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

53.   

[Section 53 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 53 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 53 Subsection (2) amended by No. 32 of 1963, s. 23 ][Section 53 Subsection (3) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 53 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

54.   

[Section 54 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 54 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 54 Subsection (3) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 54 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

PART VII - Powers of Police Officers and Other Persons

Division I - Arrest

55.   Arrest

(1)  Any police officer may arrest, without warrant, any person found offending against any of the provisions of –

(a) Division I of Part II ;

(b) Parts III to V ; or

(c) [Section 55 Subsection (1) amended by No. 86 of 2001, s. 20, Applied:17 Dec 2001] [Section 55 Subsection (1) amended by No. 29 of 2004, s. 11, Applied:23 Sep 2004] section 15B , 15C or 15D ; or

(d) [Section 55 Subsection (1) amended by No. 29 of 2004, s. 11, Applied:23 Sep 2004] section 37J(1) .

(2)  Where a police officer is empowered to arrest any such person, it is the duty of such officer to exercise such power unless he has reasonable grounds for believing that the purposes of this Act, or of the Act conferring such power, as the case may be, will be adequately served by proceeding against the offender by summons.

(2A)  [Section 55 Subsection (2A) inserted by No. 74 of 1982, s. 8 ]A police officer may arrest, without warrant, any person found offending against section 14A .

(2B)  [Section 55 Subsection (2B) amended by No. 77 of 2003, s. 8, Applied:15 Dec 2003] [Section 55 Subsection (2B) inserted by No. 74 of 1982, s. 8 ][Section 55 Subsection (2B) amended by No. 4 of 1992, s. 6 ]Subject to subsection (2C) , a police officer may arrest, without warrant, any person whom he believes on reasonable grounds to be on 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.

(2C)  [Section 55 Subsection (2C) inserted by No. 74 of 1982, s. 8 ]The power of arrest conferred by subsection (2B) is not exercisable –

(a) [Section 55 Subsection (2C) amended by No. 77 of 2003, s. 8, Applied:15 Dec 2003] unless the police officer has previously requested the person in relation to whom he seeks to exercise the power to leave the land, building, structure, premises, aircraft, vehicle or vessel concerned and that person has refused or failed to comply with the request; or

(b) [Section 55 Subsection (2C) amended by No. 77 of 2003, s. 8, Applied:15 Dec 2003] if the police officer has reasonable grounds for believing that that person has some reasonable or lawful excuse for being on that land, building, structure, premises, aircraft, vehicle or vessel.

(2D)  [Section 55 Subsection (2D) inserted by No. 21 of 1992, s. 11 ]A police officer may, without warrant, arrest any person whom the police officer has reasonable grounds for believing has committed an offence under section 35 .

(2E)  [Section 55 Subsection (2E) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] [Section 55 Subsection (2E) inserted by No. 21 of 1992, s. 11 ]A police officer may, without warrant, arrest a person to facilitate the making of an application for a restraint order under Part XA of the Justices Act 1959 or a family violence order, if the police officer has reasonable grounds for believing–

(a) that the person has intimidated another person; and

(b) that the intimidation is likely to continue and give rise to an assault.

(2F)  [Section 55 Subsection (2F) inserted by No. 21 of 1992, s. 11 ]For the purposes of subsection (2E) , intimidation may be verbal, physical or both verbal and physical.

(2G)  [Section 55 Subsection (2G) inserted by No. 86 of 2001, s. 20, Applied:17 Dec 2001] A police officer, without warrant, may arrest any person the police officer has reasonable grounds for believing has committed an offence under section 37B .

(3)  [Section 55 Subsection (3) amended by No. 71 of 1962, s. 11 ]Any person may arrest, without warrant, any person found offending against any provision of this Act if such offence involves –

(a) substantial injury to the person of another;

(b) serious danger of such injury;

(c) loss of any property of the person so arresting, or of any person by whom he is authorized to effect the arrest; or loss of any property of which the person arresting has charge;

(d) serious injury to any property; or

(e) injury to the property of a public authority.

(3A)  [Section 55 Subsection (3A) inserted by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] The power of a police officer to arrest a person under this section is subject to the limits imposed on the power of arrest by section 24 of the Youth Justice Act 1997 .

(4)  For the purposes of this section, an offence shall be deemed to involve any of the matters specified in subsection (3) if the person arresting has reasonable grounds for believing that such matter has been, or will be, the consequence of any act of the offender in committing such offence.

(5)  For the purposes of this section, a person is said to be "found offending" if he does any act, or makes any omission, or conducts or behaves himself, and thereby causes a person who finds him reasonable grounds for believing that he has, in respect of such act, omission, or conduct, committed an offence against this Act.

55A.   Names and addresses of offenders

[Section 55A Inserted by No. 19 of 1961, s. 6 ][Section 55A Subsection (1) amended by No. 82 of 1973, s. 7 ][Section 55A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 55A Subsection (1) amended by No. 55 of 1965, s. 5 ]Where a police officer becomes aware that, or has reasonable grounds for believing that, a person has committed or is committing an offence against this Act, he may require that person to state his name and the address of his place of abode, and a person who fails or refuses to comply with such a requirement or, in response to such a requirement, states a name or address that is false, is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.

(2)  A police officer making a requirement under subsection (1) may arrest, without warrant, a person who fails or refuses to comply with that requirement or who, in response to the requirement, gives a name or address that the police officer has reason to believe is false.

56.   Procedure on arrest

(1)  [Section 56 Subsection (1) omitted by No. 72 of 1995, s. 19 ].  .  .  .  .  .  .  .  

(2)  [Section 56 Subsection (2) amended by No. 72 of 1995, s. 19 ]It is the duty of every police officer to receive into custody any person arrested by a private person charged with an offence.

Division II - Entry and search

57.   Power of police officers to enter certain places

[Section 57 Amended by No. 42 of 1959, s. 4 ][Section 57 Amended by No. 32 of 1963, s. 24 ][Section 57 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 57 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Any police officer of the rank of commander, inspector, or sergeant of police shall have power at any time to enter any building or part of a building, or other place, of the following description, namely:

(a) Any place used for the purpose of any public entertainment, or for any public show or exhibition;

(b) Any singing or dancing saloon, oyster-store, fishshop, restaurant, tea-room, or other such place;

(c) Any house or building in which any alcoholic liquor is sold, whether such house or building is licensed or not;

(d) [Section 57 Subsection (1) amended by No. 42 of 2005, s. 32, Applied:01 Jan 2006] Any house usually frequented by thieves or disorderly persons;

(e) Any building or part of a building which is kept or used for a purpose in respect of which a licence is required by the provisions of any Act; or

(f) Any vessel or aircraft not employed in His Majesty's service.

(2)  [Section 57 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] The powers conferred by subsection (1) on the officers therein specified may be exercised by any police officer who is authorized in that behalf either specially or generally by the Commissioner or a police officer of the rank of commander.

(3)  [Section 57 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 57 Subsection (3) amended by No. 55 of 1965, s. 5 ]The keeper of any such building or other place, as aforesaid, or any servant or other person having the charge thereof, or the master or other person having charge of such vessel or aircraft, shall admit such police officer of the rank of commander, inspector, sergeant, or police officer when required.

(4)  [Section 57 Subsection (4) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who fails to comply with subsection (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

57A.   Searching of hawkers, &c.

[Section 57A Inserted by No. 71 of 1962, s. 12 ]

(1)  Any police officer may search a hawker's pack if he has reason to suspect that it contains goods which are stolen or which it is unlawful for the hawker to sell.

(2)  For the purposes of this section –

hawker includes pedlar;

pack includes any vehicle or container used by a hawker to carry the goods he hawks.

57B.   Search for and detention of skins suspected to be stolen

[Section 57B Inserted by No. 71 of 1962, s. 12 ]

(1)  A police officer who has reasonable ground to believe that the skin of any sheep or ox, which is alleged to have been stolen, may be found in or upon any premises, vehicle, vessel, or packhorse, may, without further authority than this section, search those premises, or that vehicle, or vessel, or the pack upon that horse for the skin.

(2)  If, upon any such search, any such skin is found, the police officer may detain it.

(3)  [Section 57B Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] Every skin so detained shall be brought as soon as may be before a court of petty sessions or a magistrate, and–

(a) where proceedings are taken against any person in respect of an offence relating to the skin, the justices adjudicating thereon, if sufficient evidence for that purpose is available, shall determine the ownership of the skin and make such order for its disposal as they may deem just; and

(b) in any other case the justices may make such order for the advertising of the detention and notice to any person claiming the skin as they may think necessary, and, if within the time limited by the order, the owner of the skin does not claim it as directed by the order, and establish his ownership to the satisfaction of the justices, the skin shall be forfeited to His Majesty and may be sold as the justices may direct.

58.   Search of persons for poison

(1)  Any police officer, who has reasonable grounds for believing that any person has in his possession any poisonous thing contrary to the provisions of section 19 , may search such person, and may seize and detain any such poisonous thing which he may find upon such search.

(2)  [Section 58 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Such police officer may require any person so found in possession of any such poisonous thing to tell his full name and place of abode, and, in case such person fails to tell his real name and place of abode or gives such general description of his place of abode as is illusory for the purposes of discovery, the police officer may arrest such person and cause him to be brought as soon as conveniently may be, before a justice to be dealt with according to law.

58A.   Power to search for liquor

[Section 58A Inserted by No. 45 of 1995, s. 6 ]

(1)  Where a police officer has reasonable grounds to suspect that a person is contravening or is about to contravene section 25 , the police officer may –

(a) detain and search that person; and

(b) seize any liquor found in the possession of that person.

(2)  A police officer may at any time dispose of any liquor seized under subsection (1) that is in an opened or unsealed container.

(3)  If any liquor seized under subsection (1) is in an unopened or sealed container, the person from whom the liquor was seized is entitled to have the liquor returned to him or her on request made at least 2 days and not more than 7 days after the liquor was seized.

(4)  A request under subsection (3) is to be made to a police officer at the police station nearest to the place where the liquor was seized or at such other police station as a police officer may reasonably direct.

(5)  Where a request is made under subsection (3) , a police officer must make the liquor to which the request relates available for collection by the person who made the request on the next day when the relevant police station is open to the public and during the hours when it is so open or at such other time as may be agreed.

(6)  A police officer may dispose of any liquor referred to in subsection (3) that is not the subject of a request under that subsection or that is not collected as mentioned in subsection (5) .

58B.   Search of accused person in custody

[Section 58B Inserted by No. 101 of 2000, s. 67, Applied:01 Jan 2001]

(1)  [Section 58B Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] If a police officer believes on reasonable grounds that it is necessary to search a person who is in lawful custody, a police officer may search that person –

(a) for the purpose of ascertaining whether there is concealed on that person or in that person's clothing a weapon or other article capable of being used to inflict injury or to assist that person to escape from custody; or

(ab) [Section 58B Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] for the purpose of removing into safe keeping any other articles belonging to, or in the possession of, the person; or

(b) for the purpose of obtaining evidence relating to the commission of the offence or preventing the loss or destruction of such evidence.

(2)  [Section 58B Subsection (2) substituted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] 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)  [Section 58B Subsection (3) substituted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A police officer may take and retain –

(a) any weapon or article found as a result of the search under subsection (1)(a) ; and

(b) any article of clothing removed under subsection (2) .

(4)  A police officer may use such force as is reasonably necessary for the purposes of exercising powers under this section.

(5)  Nothing in this section prevents a search of a person in lawful custody in any circumstances where it is otherwise lawful to search the person.

Division III - Search warrants

59.   

[Section 59 Subsection (1) amended by No. 28 of 1963, s. 4 ][Section 59 Subsection (1) amended by No. 103 of 1974, s. 2 ][Section 59 Subsection (1) amended by No. 42 of 1959, s. 6 ][Section 59 Subsection (2) amended by 25 Geo. V No. 78 ][Section 59 Repealed by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999] .  .  .  .  .  .  .  .  

60.   Commissioner's warrant

(1)  It shall be lawful for the Commissioner to issue to any police officer a general warrant, in the appropriate form set forth in Schedule II , authorizing such officer to search for stolen property.

(2)  Every such warrant shall be signed by the Commissioner personally, and shall remain in force, unless sooner revoked, for 6 months from the date thereof, or for such shorter period, if any, as may be specified therein, and shall authorize the officer therein named to exercise the powers therein set forth.

(3)  The Commissioner, at any time, may revoke any general warrant issued by him.

Division IV - Liquor infringement notices

[Part VII, Div. IV  Inserted by No. 45 of 1995, s. 8 ]

61.   Service and acceptance of liquor infringement notices

[Section 61 Inserted by No. 45 of 1995, s. 8 ]

(1)  Where a police officer is satisfied that a person has committed an offence against section 25 , he or she may serve on that person a notice in respect of that offence by delivering it to that person or by sending it to that person by post.

(2)  A liquor infringement notice is to clearly indicate –

(a) the offence or offences in respect of which it is served; and

(b) that payment of the prescribed penalty is to be made to a clerk of petty sessions; and

(c) that the person may disregard the notice but that, if he or she does so, he or she may be prosecuted before a court for the offence to which it relates.

(3)  Unless it has been withdrawn, a liquor infringement notice may, subject to subsection (4) , be accepted by the person on whom it was served either –

(a) by the payment, within 21 days of the service of the notice, of the prescribed penalty to a clerk of petty sessions; or

(b) by lodging with the clerk, within 21 days of the service of the notice, a written undertaking by that person to pay the penalty by such instalments or within such time as the clerk may direct.

(4)  Where a liquor infringement notice has not been accepted as mentioned in subsection (3) by the person, a clerk of petty sessions may, at the expiration of the relevant period specified in that subsection and by written notification to that person, allow that person an additional period of 14 days commencing on the expiration of that period in which to accept the notice.

(5)  Notwithstanding subsections (3) and (4) , a clerk of petty sessions may, at any time before a complaint and summons is issued for the relevant offence, accept payment of the prescribed penalty or a written undertaking to pay the penalty either wholly or by instalments within such time as the clerk may direct.

(6)  Notification of an extension of time by a clerk of petty sessions is to be served on a person by sending it by post addressed to the person at the place shown as his or her address in the relevant liquor infringement notice.

(7)  Where a liquor infringement notice has been served on a person, proceedings may not be brought against that person for the offence to which the notice relates if the notice has been accepted and has not been withdrawn.

(8)  Whether or not a liquor infringement notice is accepted, proceedings may not be brought within the period of –

(a) 28 days following the service of the notice, if the person on whom it was served has not been allowed an additional period under subsection (4) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period –

unless the notice has been withdrawn.

(9)  Where a liquor infringement notice in respect of an offence has been accepted by a person and has not been withdrawn –

(a) acceptance is, for the purpose of proceedings for any other offence, taken as a conviction for the offence to which the notice relates unless the court before which those proceedings are taken is satisfied that it is unjust that it should be so treated; and

(b) acceptance is not taken as an admission of liability for the purpose of, nor in any way to affect or prejudice, any civil claim, action or proceeding.

62.   Withdrawal of liquor infringement notices

[Section 62 Inserted by No. 45 of 1995, s. 8 ]

(1)  A liquor infringement notice that has been served on a person may, whether or not it has been accepted, be withdrawn as provided in subsection (2) at any time within the period of –

(a) 28 days following the service of the notice, if the person has not been allowed an additional period under section 61 (4) ; or

(b) 42 days following the service of the notice, if the person has been allowed such an additional period.

(2)  For the purposes of subsection (1) , a liquor infringement notice served on a person may be withdrawn by the service on that person of a notice in the prescribed form signed by the Commissioner of Police or a police officer authorized by the Commissioner in that behalf stating that the liquor infringement notice has been withdrawn.

(3)  Where a notice has been withdrawn under this section and an amount has been paid to a clerk of petty sessions by way of penalty under that notice, the clerk must repay the amount so paid to the person on whom the notice was served.

(4)  Where a liquor infringement notice has been served and has been withdrawn, evidence of the service, acceptance or withdrawal of the notice is not admissible in any proceedings for the offence to which the notice relates.

(5)  References in this Act to the withdrawal of a liquor infringement notice are taken to be references to the withdrawal of that notice under this section.

63.   Effect of undertaking to pay a prescribed penalty

[Section 63 Inserted by No. 45 of 1995, s. 8 ]

(1)  Where an undertaking as mentioned in section 61 (3) (b) is lodged with a clerk of petty sessions, the clerk must give directions to the person by whom the undertaking is given requiring the person to pay the penalty to which the undertaking relates in such instalments or within such time as may be specified in the directions.

(2)  Directions may not be given under subsection (1) if they would have the effect of allowing any part of the penalty to which they relate to be paid after the expiration of 63 days from the date on which the relevant liquor infringement notice was served.

(3)  Before giving directions under subsection (1) , the clerk must –

(a) consider any representations made to the clerk by or on behalf of the person to whom the notice relates, whether at the time the undertaking is lodged or otherwise, with respect to the person's financial circumstances; and

(b) give such directions as, having regard to those representations and all the circumstances of the case, the clerk considers just and reasonable.

(4)  Where a person fails to comply with any directions given under subsection (1) , proceedings may be brought against the person in respect of so much of the penalty to which the directions relate as remains unpaid as if the penalty were a penalty imposed on the person on his or her summary conviction for the offence to which the relevant liquor infringement notice relates.

PART VIII - .  .  .  .  .  .  .  .  

[Part VIII Repealed by No. 66 of 1954, s. 17 ]

PART IX - Procedure and Supplemental Provisions

64.   Accomplice

No police officer or person, if such police officer or person is acting under instructions from any police officer of or above the rank of sergeant, shall be deemed to be an offender or accomplice in the commission of any offence under any of the provisions of this Act, although such officer or person might but for this section have been deemed to be such an offender or accomplice.

65.   Power of court, upon neglect to prosecute, court to order another person to proceed

If any person who has laid any complaint in respect of any offence under any of the provisions of this Act does not appear at the hearing, or declines or neglects to proceed upon or prosecute such complaint, the court may authorize some other person to proceed upon or prosecute such complaint, or may authorize any other person to take fresh proceedings in respect of the offence.

66.   Provision relating to determination of certain questions by courts

[Section 66 Substituted by No. 42 of 1984, s. 3 ]

(1)  A court held before a magistrate may, in any proceedings for an offence committed or alleged to have been committed on or after the commencement of the Police Offences Amendment Act 1984 , hear and determine any question as to –

(a) the title to any land;

(b) an interest in, or accruing from, the title to any land; or

(c) a bankruptcy or an execution under the process of a court.

(2)  Except as provided in subsection (1) , a court shall not, in any proceedings before it for an offence, hear and determine any question referred to in that subsection.

67.   Averment of age prima facie proof

In any proceedings under this Act an averment in the complaint as to the age of any person shall be deemed to be proved in the absence of proof to the contrary.

67A.   Evidentiary provision

[Section 67A Inserted by No. 45 of 1995, s. 7 ]In proceedings for an offence against section 25 , an allegation in the complaint –

(a) that a substance referred to in the complaint was liquor; or

(b) [Section 67A Amended by No. 24 of 2004, s. 48, Applied:01 Jan 2005] that a place specified in the complaint was or was not on a specified date a place specified in a licence or permit in force under the Liquor Licensing Act 1990  –

is evidence of that matter.

68.   

[Section 68 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] .  .  .  .  .  .  .  .  

69.   Disposal of property forfeited to Crown

(1)  [Section 69 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]All property forfeited to the Crown under the provisions of this Act, other than money and securities for money, shall, by order of the court or justices, be sold, or in its or their discretion destroyed, and the proceeds of any such sale shall be paid into the Consolidated Fund.

(2)  [Section 69 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]All money forfeited to the Crown under this Act and the proceeds of all securities for money forfeited to the Crown under this Act shall be paid into the Consolidated Fund.

70.   

[Section 70 Repealed by No. 66 of 1954, s. 17 ].  .  .  .  .  .  .  .  

71.   

[Section 71 Repealed by No. 32 of 1963, s. 26 ].  .  .  .  .  .  .  .  

72.   

[Section 72 Amended by 25 Geo. V No. 78 ][Section 72 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 72 Subsection (1) amended by No. 48 of 1970, s. 2 ][Section 72 Subsection (6) added by No. 58 of 1957, s. 7 ][Section 72 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] .  .  .  .  .  .  .  .  

73.   Act not to affect rights of the Crown

(1)  [Section 73 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]Nothing in this Act shall affect or apply to any right, title, or interest of the Crown, or in any way limit the Royal Prerogative.

(2)  Nothing in this Act shall prejudice or affect the operation of the Criminal Code .

74.   Regulations

The Governor may make regulations for the purposes of this Act.

SCHEDULE I

[Schedule I Amended by 25 Geo. V No. 78 ]

Section 2

SCHEDULE II

[Schedule II Amended by 25 Geo. V No. 78 ][Schedule II Amended by No. 55 of 1965, s. 5 ][Schedule II Amended by No. 103 of 1974, s. 2 ][Schedule II Amended by No. 99 of 1982, s. 3 and Sched.2 ][Schedule II Amended by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999]

Form VII - General Warrant

Section 60

[Schedule II Amended by No. 1 of 2001, s. 16, Applied:12 Apr 2001] [Schedule II Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003]