Police Offences (Confiscation of Vehicles) Regulations 2009
I, the 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 .
30 November 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
J. G. COX
Minister for Police and Emergency Management
These regulations may be cited as the Police Offences (Confiscation of Vehicles) Regulations 2009 .
These regulations take effect on 11 December 2009.
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 .
(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 , where 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 , as in force immediately 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 , where 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 , as in force immediately before the commencement of the Vehicle and Traffic Act 1999 ;(c) a speeding offence where 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 a result of the examination of a photograph from a photographic detection device.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 9 December 2009
These regulations are administered in the Department of Police and Emergency Management.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations prescribe speeding in excess of 45km/h above the speed limit and a second or subsequent charge of driving while disqualified as offences for the purposes of the confiscation of vehicles under Part IVA of the Police Offences Act 1935 .