Police Offences Amendment (Public Drunkenness) Act 2000
An Act to amend the Police Offences Act 1935
[Royal Assent 14 November 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:
This Act may be cited as the Police Offences Amendment (Public Drunkenness) Act 2000 .
This Act commences on a day to be proclaimed.
In this Act, the Police Offences Act 1935 is referred to as the Principal Act.
4. Section 4 amended (Drunkenness when in charge of vehicle or in possession of dangerous weapon)
Section 4 of the Principal Act is amended as follows:(a) by omitting subsections (1) and (1A) and substituting the following subsections:(1) 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) 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.(b) by omitting from subsection (3) ", animal".
5. Sections 4A , 4B and 4C inserted
After section 4 of the Principal Act , the following sections are inserted in Division I:4A. Custody of intoxicated persons
(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 –the police officer may take the person into custody.(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 –(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 –whichever is earlier.(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 –(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
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
(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) .
The amendments to the Principal Act effected by section 5 expire 2 years after the day on which that section commences and, on that expiry, the Principal Act, as in force immediately before that commencement, has effect as if that section had not been enacted.
[Second reading presentation speech made in:
House of Assembly on 30 AUGUST 2000
Legislative Council on 13 SEPTEMBER 2000]