Police Service Amendment Act 2007

Police Service Amendment Act 2007

An Act to amend the Police Service Act 2003

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Police Service Amendment Act 2007 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Police Service Act 2003 is referred to as the Principal Act.

4.    Section 36 amended (Oaths and affirmations)

Section 36 of the Principal Act is amended by inserting after subsection (5) the following subsections:

(6)  An oath or affirmation under this section is to be administered by –

(a) the Commissioner; or

(b) a commissioned police officer other than the Commissioner; or

(c) a justice of this State or of another State or a Territory.

(7)  However, a person referred to in subsection (6)(b) or (c) is not to administer an oath or affirmation under this section without the Commissioner's written approval if the person taking the oath or making the affirmation has been appointed to the Police Service from –

(a) a police force or police service of a foreign country or another State or a Territory or the Commonwealth; or

(b) any other body or organisation outside Tasmania.

(8)  For the avoidance of doubt, an oath or affirmation administered by a justice or commissioned police officer under this section before the commencement of the Police Service Amendment Act 2007 is taken to have been validly administered, and taken or made.

[Second reading presentation speech made in:

House of Assembly on 6 JUNE 2007

Legislative Council on 5 SEPTEMBER 2007]