Police Powers (Vehicle Interception) Act 2000
An Act to confer additional powers on police officers to stop and search vehicles and to obtain information concerning the identity of drivers and owners of, and passengers in or on, vehicles used in connection with the commission of certain offences, and to provide for related matters
[Royal Assent 14 July 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Police Powers (Vehicle Interception) Act 2000 .
The provisions of this Act commence on a day or days to be proclaimed.
In this Act, unless the contrary intention appears –Commissioner means the Commissioner of Police appointed under section 8 of the Police Regulation Act 1898 ;driver means a person having control over the steering, movement or propulsion of a vehicle and includes a person riding a vehicle;evidential material means a thing relevant to an offence, including such a thing in electronic form;function includes a power, authority and duty;owner, used in relation to a vehicle, has the same meaning as in the Traffic Act 1925 and includes –(a) a person who is not such an owner but who usually has the care, control and custody of the vehicle; and(b) any other person prescribed by the regulations for the purposes of this definition;public street has the same meaning as in the Traffic Act 1925 ;regulations means regulations made and in force under this Act;road-related area has the same meaning as in the Road Rules;senior police officer means a police officer of the rank of inspector or above;thing relevant to an offence means –(a) anything with respect to which an offence against any law of the State has been committed or is suspected, on reasonable grounds, to have been committed; or(b) anything as to which there are reasonable grounds for suspecting that it will afford evidence as to the commission of any such offence; or(c) anything as to which there are reasonable grounds for suspecting that it is intended to be used for the purpose of committing any such offence;vehicle has the same meaning as in the Traffic Act 1925 ;vehicle immobilising device means a device capable of causing a vehicle to stop or preventing a vehicle from moving and includes a device designed for, or capable of, deflating tyres.
The powers conferred by this Act are in addition to the powers that police officers have under any other Act or law.
PART 2 - Roadblocks and vehicle immobilising devices
5. Roadblocks and vehicle immobilising devices
(1) A police officer may, with an authority granted under section 6 , establish a roadblock or use a vehicle immobilising device on a public street, a road-related area or other area if the police officer reasonably believes that –(a) establishing the roadblock or using the vehicle immobilising device would significantly improve the prospects of apprehending or locating a person in or on any vehicle who the officer reasonably believes –(i) has committed an offence punishable upon indictment; or(ii) is or may be endangering the property, life or safety of another person; or(b) it is necessary to establish the roadblock or use the vehicle immobilising device for the protection of life or property; or(c) an offence has been, is being or is likely to be committed and that, for the purposes of performing his or her functions under this or any other Act, it is necessary to detain a vehicle, a driver or a passenger in or on a vehicle.(2) A roadblock may consist of any appropriate form of barrier or obstruction preventing or limiting the passage of vehicles.
6. Authority to establish roadblocks or use vehicle immobilising devices
(1) A police officer must not establish a roadblock or use a vehicle immobilising device otherwise than in accordance with the authority of –(a) a senior police officer; or(b) if a senior police officer is not readily available, a sergeant of police authorised by the Commissioner for the purposes of this section.(2) An authority may be granted or renewed under this section orally or in writing.(3) If the authority is in writing, it must specify the following:(a) the date on, and time at, which the authority is granted;(b) the powers conferred by the authority;(c) the offence or the risk to public safety in respect of which the authority is granted;(d) the place or area at which the establishment of a roadblock or the use of a vehicle immobilising device is authorised;(e) the vehicle or class of vehicles in respect of which the authority is granted;(f) the period of the authority;(g) the grounds on which the authority is granted or renewed.(4) If the authority is granted orally, the senior police officer or sergeant must make a record of the matters referred to in subsection (3) as soon as is reasonably practicable after granting the authority.
7. Power to stop and search vehicles at roadblock
(1) At, or in the vicinity of, a roadblock, a police officer may –(a) stop any vehicle and detain it for the time reasonably necessary to search it for evidential material relevant to a matter referred to in section 5(1) ; and(b) enter a vehicle, using reasonable force if necessary, for the purpose of searching it; and(c) for the purpose of performing his or her functions under this or any other Act, detain the driver, a passenger in or on the vehicle or any person who has disembarked from the vehicle.(2) The driver of a vehicle must stop the vehicle at a roadblock when requested or signalled to do so.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.(3) The driver of a vehicle must not, without reasonable excuse, avoid a roadblock.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months.
8. Power to request disclosure as to driver or passenger
(1) A police officer may request any person in or on a vehicle stopped at a roadblock or by a vehicle immobilising device to disclose –(a) his or her name and address; and(b) the name and address of any other person in or on the vehicle at the time the vehicle was stopped or who was in or on the vehicle at or about the time when the offence referred to in section 5(1)(a)(i) or section 5(1)(c) was, or may have been, committed; and(c) the name and address of the owner of the vehicle.(2) A police officer may request the owner of a vehicle stopped at a roadblock or by a vehicle immobilising device to disclose the name and address of any person in or on the vehicle at the time the vehicle was stopped or who was in or on the vehicle at or about the time when the offence referred to in section 5(1)(a)(i) or section 5(1)(c) was, or may have been, committed.(3) A police officer may make a request under this section only if, before making the request, the police officer –(a) provides evidence to the person that he or she is a police officer, unless he or she is in uniform; and(b) provides his or her name and place of duty; and(c) informs the person of the reason for the request; and(d) warns the person that failure to comply with the request may be an offence.
9. Failure to disclose identity on request
(1) A person must disclose his or her name and address when so requested by a police officer under section 8 .Penalty: Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.(2) A person who is requested by a police officer under section 8 to disclose the name and address of any other person must –(a) disclose that name and address; or(b) if the person does not know that name and address, disclose such information about the other person's identity (such as any alias used by the other person or the general location of his or her residential address) as is known to the first-mentioned person.Penalty: Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.
10. False or misleading information
A person must not in response to a request made by a police officer in accordance with section 8 give a name or address knowing it to be false in a material particular.Penalty: Fine not exceeding 50 penalty units or imprisonment for a period not exceeding 12 months, or both.
11. Powers in respect of vehicle stopped by vehicle immobilising device
A police officer may perform the same functions in respect of a vehicle stopped, or prevented from moving, by a vehicle immobilising device, or any person who is or was in or on that vehicle, as he or she may perform in respect of a vehicle stopped at a roadblock, or any person in or on such a vehicle.
PART 3 - Miscellaneous
In proceedings for an offence against this Act, a certificate apparently signed by a senior police officer stating –is evidence of the matters stated in the certificate.(a) that an authority under this Act was granted or renewed for a specified period; and(b) that the authority authorised the establishment of a roadblock or the use of a vehicle immobilising device at a specified place or area; and(c) the grounds on which the authority was granted or renewed –
No act, matter or thing done or omitted to be done in good faith by any police officer in the administration or intended administration of this Act, or in the performance or intended performance of any of his or her functions under this Act, subjects the police officer to any civil or criminal liability in respect of that act, matter or thing.
Proceedings for an offence against this Act are to be dealt with by a court of summary jurisdiction constituted by a magistrate sitting alone.
In addition to any penalty a court imposes under this Act, the court may disqualify a person found guilty of an offence against this Act from holding or obtaining a driver's licence for a period not exceeding 3 years.
The Governor may make regulations for the purposes of this Act.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Police and Public Safety; and(b) the department responsible to the Minister for Police and Public Safety in relation to the administration of this Act is the Department of Police and Public Safety.
[Second reading presentation speech made in:
House of Assembly on 20 JUNE 2000
Legislative Council on 28 JUNE 2000]