Police Offences Regulations 2014

Police Offences Regulations 2014

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Police Offences Act 1935 .

1 December 2014

A. M. BLOW

Lieutenant-Governor

By His Excellency's Command,

M. T. (RENE) HIDDING

Minister for Police and Emergency Management

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Police Offences Regulations 2014 .

2.   Commencement

(1)  Except as provided in this regulation, the remaining provisions of these regulations take effect on 19 December 2014.

(2)  Regulation 9 takes effect on 1 July 2015.

3.   Interpretation

In these regulations –

Act means the Police Offences Act 1935 ;

photographic detection device has the same meaning as in the Vehicle and Traffic Act 1999 ;

speeding offence has the same meaning as in the Vehicle and Traffic Act 1999 .

PART 2 - Consumption, Sale and Supply of Liquor

4.   Public places where liquor consumption is prohibited

The following places are prescribed as public places for the purposes of section 25 of the Act:

(a) the area of land specified in Part 1 of Schedule 1 and known as Franklin Square;

(b) the area of land specified in Part 2 of Schedule 1 and known as Glenorchy Council Memorial Gardens;

(c) the area of land specified in Part 3 of Schedule 1 and known as North Hobart Cultural Park and Skate Park;

(d) the area of land specified in Part 4 of Schedule 1 and known as St Davids Park.

5.   Public places where liquor consumption periodically prohibited

(1)  A public place specified in subregulation (2) is prescribed as a public place to which section 25 of the Act applies only during the periods, and times, specified for that public place in subregulations (3) , (4) and (5) .

(2)  For the purposes of subregulation (1) , the public places are as follows:

(a) the area of land specified in Part 5 of Schedule 1 and known as Hobart Regatta Grounds;

(b) the area of land specified in Part 6 of Schedule 1 and known as Hobart Rivulet Linear Park;

(c) the area of land specified in Part 7 of Schedule 1 and known as John Doggett Park;

(d) the area of land specified in Part 8 of Schedule 1 and known as Parliament House grounds;

(e) the area of land specified in Part 9 of Schedule 1 and known as Princes Park;

(f) the area of land specified in Part 10 of Schedule 1 and known as Salamanca Lawns;

(g) the area of land specified in Part 11 of Schedule 1 and known as Soundy Park;

(h) the area of land specified in Part 12 of Schedule 1 and known as Tasman Monument;

(i) the area of land specified in Part 13 of Schedule 1 and known as University Rose Gardens.

(3)  For the purposes of the public places specified in paragraphs (a) , (b) , (c) , (g) and (i) of subregulation (2) , the period and time is every day of the year between the hours of 8 p.m. and 8 a.m. the following day.

(4)  For the purposes of the public places specified in paragraphs (d) , (f) and (h) of subregulation (2) , the periods and times are –

(a) from 10 December in any year to 1 January the following year, inclusive, between the hours of 3 p.m. on any of those days and 10 a.m. the following day; and

(b) from 2 January in any year to 9 December in that year, inclusive, between the hours of 10 p.m. on any of those days and 10 a.m. the following day.

(5)  For the purposes of the public place specified in paragraph (e) of subregulation (2) , the period and time is every day of the year between the hours of 10 p.m. and 10 a.m. the following day.

PART 3 - Confiscation and Clamping of Vehicles

6.   Prescribed offences

(1)  For the purposes of Division 2 of Part IVA of the Act, the following offences are prescribed:

(a) an offence against section 13 of the Vehicle and Traffic Act 1999 , if the offender has been charged on at least one previous occasion with an offence against –

(i) that section; or

(ii) section 19A of the Road Safety (Alcohol and Drugs) Act 1970 ; or

(iii) section 37 of the Traffic Act 1925 , if the offender was charged with the offence under that section before the commencement of the Vehicle and Traffic Act 1999 ;

(b) an offence against section 19A of the Road Safety (Alcohol and Drugs) Act 1970 , if the offender has been charged on at least one previous occasion with an offence against –

(i) that section; or

(ii) section 13 of the Vehicle and Traffic Act 1999 ; or

(iii) section 37 of the Traffic Act 1925 , if the offender was charged with the offence under that section before the commencement of the Vehicle and Traffic Act 1999 ;

(c) a speeding offence if the prescribed speed-limit is exceeded by 45km/h or more.

(2)  In the application of Division 2 of Part IVA of the Act to a speeding offence, a police officer may find that a person has committed such an offence as result of the examination of a photograph from a photographic detection device.

7.   Special compulsory penalty for section 37MA of Act

For the purposes of section 37MA of the Act, the prescribed amount (of the fine constituting the special compulsory penalty) is $600.

PART 4 - Miscellaneous

7A.   Identified organisations for purposes of section 6A(3) of Act

[Regulation 7A Inserted by S.R. 2019, No. 68, Applied:21 Nov 2019] For the purposes of section 6A(3) of the Act, the following organisations are each prescribed as an identified organisation:

(a) the motorcycle club known as Outlaws;

(b) the motorcycle club known as Rebels;

(c) the motorcycle club known as Bandidos;

(d) the motorcycle club known as Black Uhlans;

(e) [Regulation 7A Amended by S.R. 2020, No. 31, Applied:13 May 2020] the motorcycle club known as Devil’s Henchmen;

(f) [Regulation 7A Amended by S.R. 2020, No. 31, Applied:13 May 2020] the motorcycle club known as Nomads.

8.   Prescribed person for purposes of section 37JA of Act

For the purposes of section 37JA(3) of the Act, prescribed persons are persons who are employed, or engaged, by a department while those persons are acting in the course of their duties under one or more of the following Acts:

(a) Animal Health Act 1995 ;

(b) Nature Conservation Act 2002 ;

(c) Vermin Control Act 2000 .

9.   Fee for permit under section 49 of Act

For the purposes of section 49(3) of the Act, the prescribed fee is 26 fee units.

10.   Prescribed amounts for purposes of section 49 of Act

(1)  For the purposes of section 49(6)(a)(i) of the Act, the prescribed amount is $10 000 000.

(2)  For the purposes of section 49(6)(a)(ii) of the Act, the prescribed amount is $15 000 000.

(3)  For the purposes of section 49(6)(a)(iii) of the Act, the prescribed amount is $15 000 000.

11.   Infringement offences

For the purposes of section 61 of the Act –

(a) an offence against a provision of the Act specified in column 2 of the table in Schedule 3 is prescribed as an offence for which an infringement notice may be issued and served; and

(b) a penalty specified in column 3 of that table is prescribed as the penalty for the offence to which it relates.

12.   Legislation rescinded

The legislation specified in Schedule 4 is rescinded.

SCHEDULE 1 - Public Places

Regulations 4 and 5

PART 1 - Franklin Square

All that area of land comprising about 6 323 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7977 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 1 of Schedule 2 .

PART 2 - Glenorchy Council Memorial Gardens

All that area of land comprising about 4 903 square metres, shown as Lot 1 and bounded by a heavy black line on Plan 8876 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 2 of Schedule 2 .

PART 3 - North Hobart Cultural Park and Skate Park

All that area of land comprising about 7 058 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9518 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 3 of Schedule 2 .

PART 4 - St Davids Park

All that area of land comprising about 2.039 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7976 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 4 of Schedule 2 .

PART 5 - Hobart Regatta Grounds

All that area of land comprising –

(a) about 7.656 hectares, shown as Lot 1; and

(b) about 5 387 square metres, shown as Lot 2 –

and bounded by heavy black lines and shaded on Plan 9519 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 5 of Schedule 2 .

PART 6 - Hobart Rivulet Linear Park

All that area of land comprising –

(a) about 1.932 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9522 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 6 of Schedule 2 ; and

(b) about 1.16 hectares, shown as Lot 2 and bounded by a heavy black line and shaded on Plan 9523 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 7 of Schedule 2 ; and

(c) about 9 154 square metres, shown as Lot 3 and bounded by a heavy black line and shaded on Plan 9524 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 8 of Schedule 2 .

PART 7 - John Doggett Park

All that area of land comprising about 5 830 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9544 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 9 of Schedule 2 .

PART 8 - Parliament House Grounds

All that area of land comprising about 9 238 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7975 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 10 of Schedule 2 .

PART 9 - Princes Park

All that area of land comprising about 2.046 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7972 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 11 of Schedule 2 .

PART 10 - Salamanca Lawns

All that area of land comprising –

(a) about 1 349 square metres, shown as Lot 1; and

(b) about 2 192 square metres, shown as Lot 2 –

and bounded by heavy black lines and shaded on Plan 7973 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 12 of Schedule 2 .

PART 11 - Soundy Park

All that area of land comprising about 6 898 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9521 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 13 of Schedule 2 .

PART 12 - Tasman Monument

All that area of land comprising about 868 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7974 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 14 of Schedule 2 .

PART 13 - University Rose Gardens

All that area of land comprising about 9 260 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9520 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 15 of Schedule 2 .

SCHEDULE 2 - Plans

Schedule 1

PART 1 - Franklin Square

PART 2 - Glenorchy Council Memorial Gardens

PART 3 - North Hobart Cultural Park and Skate Park

PART 4 - St Davids Park

PART 5 - Hobart Regatta Grounds

PART 6 - Hobart Rivulet Linear Park (Lot 1)

PART 7 - Hobart Rivulet Linear Park (Lot 2)

PART 8 - Hobart Rivulet Linear Park (Lot 3)

PART 9 - John Doggett Park

PART 10 - Parliament House Grounds

PART 11 - Princes Park

PART 12 - Salamanca Lawns

PART 13 - Soundy Park

PART 14 - Tasman Monument

PART 15 - University Rose Gardens

SCHEDULE 3 - Infringement offences

Regulation 11

[Schedule 3 Amended by S.R. 2016, No. 55, Applied:27 Jul 2016]

SCHEDULE 4 - Legislation rescinded

Regulation 12

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 10 December 2014

These regulations are administered in the Department of Police and Emergency Management.