Police Offences Act 1935

Police Offences Act 1935

An Act to consolidate and amend the law relating to certain offences punishable summarily and to provide for certain police powers

[The long title Amended by No. 86 of 2001, s. 4, Applied:17 Dec 2001] [The long title Amended by No. 101 of 2000, s. 67, Applied:01 Jan 2001]

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 I - Preliminary

1.   Short title

This Act may be cited as the Police Offences Act 1935 .

2.   

[Section 2 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

3.   Interpretation

[Section 3 Subsection (1) amended by No. 117 of 1976, s. 95 and Sched. 3 ][Section 3 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 3 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Subsection (1) amended by No. 13 of 1990, s. 7 ][Section 3 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 3 Subsection (1) amended by No. 45 of 1995, s. 4 ][Section 3 Subsection (1) amended by No. 77 of 1995, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 61 of 1996, s. 15 ]

(1)  [Section 3 Subsection (1) amended by No. 71 of 1962, s. 2 ]In this Act, unless the contrary intention appears –

[Section 3 Subsection (1) amended by No. 49 of 2009, s. 4, Applied:12 Nov 2009] body armour includes protective jackets, protective vests, protective suits, anti-ballistic articles and other similar articles –

(a) able to be worn, either independently or as a part of something else, on the human body; and

(b) designed or adapted to protect the human body from the effects of a firearm or any other prescribed device –

but does not include anti-ballistic articles used for eye or hearing protection;

[Section 3 Subsection (1) amended by No. 86 of 2001, s. 5, Applied:17 Dec 2001] child means any person under the age of 18 years;

Commissioner means the Commissioner of Police;

court means a court of summary jurisdiction having cognizance of the matter in relation to which the term is used;

[Section 3 Subsection (1) amended by No. 29 of 2004, s. 4, Applied:23 Sep 2004] crossbow means a device, consisting of a bow fitted transversely on a stock that has a groove or barrel, designed to direct an arrow or bolt;

[Section 3 Subsection (1) amended by No. 86 of 2001, s. 5, Applied:17 Dec 2001] dangerous article includes –

(a) [Section 3 Subsection (1) amended by No. 43 of 2007, s. 58, Applied:13 Nov 2007] any weapon other than a firearm; and

(b) any article adapted or modified so as to be capable of being used as such a weapon; and

(c) [Section 3 Subsection (1) amended by No. 15 of 2016, s. 4, Applied:21 Jun 2016] any other article that is intended to be used as such a weapon; and

(d) [Section 3 Subsection (1) amended by No. 15 of 2016, s. 4, Applied:21 Jun 2016] a knife;

data includes information, a computer programme or part of a computer programme;

[Section 3 Subsection (1) amended by No. 49 of 2009, s. 4, Applied:12 Nov 2009] emergency services means –

(a) the State Emergency Service within the meaning of the Emergency Management Act 2006 ; and

(b) [Section 3 Subsection (1) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] Ambulance Tasmania established under the Ambulance Service Act 1982 ; and

(c) the Tasmania Fire Service established under the Fire Service Act 1979 ; and

(d) the Police Service;

[Section 3 Subsection (1) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] family violence order means a family violence order within the meaning of the Family Violence Act 2004 , and includes a police family violence order and an interim family violence order, within the meaning of that Act;

[Section 3 Subsection (1) amended by No. 43 of 2007, s. 58, Applied:13 Nov 2007] firearm means a firearm within the meaning of the Firearms Act 1996 ;

[Section 3 Subsection (1) amended by No. 15 of 2014, s. 4, Applied:19 Dec 2014] fireworks means a Type 2 fireworks, or Type 3 fireworks, within the meaning of the Explosives Regulations 2012 ;

[Section 3 Subsection (1) amended by No. 29 of 2004, s. 4, Applied:23 Sep 2004] found offending has the meaning assigned to it in section 55(5) ;

gain access includes to communicate with a computer;

[Section 3 Subsection (1) amended by No. 49 of 2009, s. 4, Applied:12 Nov 2009] graffiti equipment means –

(a) an aerosol paint container; and

(b) any other thing prescribed for the purposes of this definition;

liquor means a beverage (other than a medicine) that –

(a) is intended for human consumption; and

(b) has an alcoholic content greater than 0·5% by volume when at a temperature of 20° Celsius;

liquor infringement notice means a liquor infringement notice in force under Division IV of Part VII ;

[Section 3 Subsection (1) amended by No. 50 of 2009, s. 4, Applied:25 Nov 2009] motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ;

[Section 3 Subsection (1) amended by No. 49 of 2009, s. 4, Applied:12 Nov 2009] mark graffiti means mark, draw, write or otherwise deface property by any means so that the defacement is not readily removable by wiping with a dry cloth;

owner, used with reference to any real property, means the person for the time being in the actual receipt of or entitled to receive, or who, if such property were let to a tenant, would be entitled to receive the rents and profits thereof, whether as beneficial owner, trustee, executor, mortgagee in possession, or otherwise, but shall not include any mesne tenant;

[Section 3 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004]

[Section 3 Subsection (1) amended by No. 27 of 2000, s. 6, Applied:01 Feb 1997] [Section 3 Subsection (1) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 3 Subsection (1) amended by No. 77 of 2003, s. 4, Applied:15 Dec 2003] [Section 3 Subsection (1) amended by No. 41 of 2005, Sched. 1, Applied:31 Dec 2005] public authority includes the Crown, the Transport Commission, the Hydro-Electric Corporation, Tasmania Development and Resources, local authorities, the Tasmanian Ports Corporation Pty. Ltd. (ACN 114 161 938) and any other person with statutory powers to carry out or maintain works for the use or benefit of the public in this State or any part thereof;

[Section 3 Subsection (1) amended by No. 27 of 1997, s. 5, Applied:01 Oct 2002] [Section 3 Subsection (1) amended by No. 24 of 2004, s. 46, Applied:01 Jan 2005] [Section 3 Subsection (1) amended by No. 64 of 2009, s. 187, Applied:24 Nov 2010] [Section 3 Subsection (1) amended by No. 38 of 2012, Sched. 1, Applied:20 Jan 2013] public place includes–

any park, garden, reserve, or other place of public recreation or resort;

any rail infrastructure, railway, or rolling stock, within the meaning of the Rail Safety National Law (Tasmania) Act 2012 ;

any public wharf, pier, or jetty;

any passenger vessel plying for hire;

any vehicle plying for hire;

any church, chapel, or other building open for the purpose of Divine service;

any public hall, theatre, or room in which any public entertainment or meeting is being held or performed or is taking place;

any market;

any auction room, or mart, or place open for the purpose of a sale by auction;

any premises specified in a liquor licence or liquor permit granted under the Liquor Licensing Act 1990 , that are open for the sale of liquor;

any licensed billiard-room;

any racecourse, cricket ground, football, show, or regatta ground, or other such place to which the public have access free or on payment of any gate-money; and includes any portion of such place which is within view of the public;

any open yard, place, allotment, or urinal, closet, lavatory, or other convenience to which the public have access;

any police office or police station, or any court-house or court of petty sessions, or any yard or enclosure used therewith respectively, to which the public have access;

any street as herein defined, notwithstanding that the same may be formed on private property;

any school building or the land or premises used in connection therewith;

any public cemetery;

any banking house, warehouse, shop, office, or similar place, while open for the transaction of business;

[Section 3 Subsection (1) amended by No. 50 of 2009, s. 4, Applied:25 Nov 2009] public street has the same meaning as in the Traffic Act 1925 ;

[Section 3 Subsection (1) amended by No. 47 of 2000, s. 4, Applied:14 Jul 2000] sexual offence means any of the following offences committed against or in respect of a person:

(a) an offence under section 122 or 123 of the Criminal Code as in force immediately before 14 May 1997;

(b) [Section 3 Subsection (1) amended by No. 69 of 2003, Sched. 1, Applied:15 Dec 2003] an offence under section 124 , 125 , 125A , 125B , 126 , 127 , 127A , 128 , 129 , 133 , 185 or 186 of the Criminal Code;

(c) an offence under section 298 or 299 of the Criminal Code in respect of an offence specified in paragraph (a) or (b) ;

(d) [Section 3 Subsection (1) amended by No. 15 of 2014, s. 4, Applied:19 Dec 2014] an offence under section 8(1A)(a) , section 21 or section 35(3) of this Act;

(e) an offence under Part 8 of the Classification (Publications, Films and Computer Games) Enforcement Act 1995 in respect of a child abuse product, within the meaning of that Part;

(f) an offence not specified in paragraph (a) , (b) , (c) or (d) if there are reasonable grounds to believe that, in the course of or as part of the events surrounding the commission of that offence, an offence specified in paragraph (a) , (b) , (c) or (d) was also committed by the offender;

(g) an offence against the law of any jurisdiction other than Tasmania which is of substantially the same nature as an offence referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ;

street extends to and includes any road, square, court, passage, alley, thoroughfare, or public way or footway, any place of public resort, and any avenue leading thereto;

[Section 3 Subsection (1) amended by No. 86 of 2001, s. 5, Applied:17 Dec 2001] street entertainment means entertainment consisting of –

(a) singing, reciting or acting; or

(b) playing a musical instrument; or

(c) juggling; or

(d) any other activity carried on for the entertainment of the public;

town means a town proclaimed under the provisions of any Act and includes a city;

[Section 3 Subsection (1) amended by No. 50 of 2009, s. 4, Applied:25 Nov 2009] trailer has the same meaning as in the Vehicle and Traffic Act 1999 ;

[Section 3 Subsection (1) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 3 Subsection (1) amended by No. 49 of 2009, s. 4, Applied:12 Nov 2009] vehicle includes every description of wheeled vehicle;

[Section 3 Subsection (1) amended by No. 49 of 2009, s. 4, Applied:12 Nov 2009] youth means a person who has not attained the age of 18 years.

[Section 3 Subsection (1) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008]

(2)  A vessel or vehicle shall be deemed to be plying for hire both when it is awaiting passengers in a place frequented by the public, whether or not such place be a public place as above defined, and when such vessel or vehicle is being used to convey passengers.

(3)  The definitions set forth in the Criminal Code , so far as the same are applicable and except where inconsistent with this Act, shall be applied in the construction of this Act.

PART II - General Police Provisions

Division I - Drunkenness, vagrancy, indecency, and other public annoyances

4.   Drunkenness when in charge of vehicle or in possession of dangerous weapon

(1)  [Section 4 Subsection (1) amended by No. 32 of 1963, s. 2 ][Section 4 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 4 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 4 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 4 Subsection (1) amended by No. 34 of 1991, s. 99 ][Section 4 Subsection (1) substituted by No. 59 of 2000, s. 4, Applied:27 Mar 2002] 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)  [Section 4 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 4 Subsection (1A) substituted by No. 59 of 2000, s. 4, Applied:27 Mar 2002] 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.

(2)  Any person convicted in respect of any offence under this section committed within 6 months after he has been convicted of that or any other offence thereunder shall be liable to double the penalty hereinbefore prescribed in respect of the offence in respect of which he is so convicted.

(3)  [Section 4 Subsection (3) amended by No. 59 of 2000, s. 4, Applied:27 Mar 2002] [Section 4 Subsection (3) amended by No. 74 of 1982, s. 4 ][Section 4 Subsection (3) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 4 Subsection (3) amended by No. 34 of 1991, s. 99 ]Any police officer may seize and detain any vehicle, liquor or dangerous weapon in the charge or possession of a person whom he finds committing an offence against this section.

(4)  The court before which such offender is tried may order the offender to pay any expenses incurred as a consequence of such seizure.

4A.   Custody of intoxicated persons

[Section 4A Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002]

(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 –

(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 –

the police officer may take the person into custody.

(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 –

(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 –

whichever is earlier.

(6A)  [Section 4A Subsection (6A) inserted by No. 29 of 2004, s. 5, Applied:23 Sep 2004] If, on the expiration of the period of 8 hours referred to in subsection (6)(a) , a police officer of or above the rank of inspector believes on reasonable grounds that a person in custody remains –

(a) likely to cause injury to himself, herself or another person, or damage to any property; or

(b) incapable of protecting himself or herself from physical harm –

the person may be detained for a further period of 4 hours.

(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

[Section 4B Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002] 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

[Section 4C Inserted by No. 59 of 2000, s. 5, Applied:27 Mar 2002]

(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) .

5.   

[Section 5 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 5 Repealed by No. 1 of 2001, s. 4, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

6.   Consorting

(1)  [Section 6 Subsection (1) amended by No. 62 of 2009, s. 4, Applied:11 Dec 2009] [Section 6 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not habitually consort with reputed thieves.

(1A)  [Section 6 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months.

(2)  [Section 6 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not be convicted of an offence against this section if he proves to the satisfaction of the court that he has sufficient lawful means of support and that he had good and sufficient reasons for consorting with the persons with whom he is charged with having consorted.

(3)  No proceedings under this section shall be taken by any person other than a police officer.

7.   Loiterers, &c.

(1)  [Section 7 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being a suspected person or reputed thief, shall not –

(a) be in or upon any building whatsoever or in any enclosed yard, garden, or area for any unlawful purpose; or

(b) [Section 7 Subsection (1) amended by No. 15 of 2014, s. 5, Applied:19 Dec 2014] frequent or loiter in or near any public place, or any river, or navigable stream with intent to commit a crime or an offence.

(2)  [Section 7 Subsection (2) amended by No. 15 of 2014, s. 5, Applied:19 Dec 2014] In proving under this section intent to commit a crime or an offence it shall not be necessary to show that the person charged was guilty of any particular act tending to show his intent, and he may be convicted if from the circumstances of the case and from his known character as proved to the court before which he is charged it appears to such court that his intent was to commit a crime or an offence.

(3)  [Section 7 Subsection (3) amended by No. 39 of 2007, s. 4, Applied:21 Nov 2007] [Section 7 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 7 Subsection (3) substituted by No. 15 of 2014, s. 5, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening subsection (1) , the police officer may, using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any implement or instrument found on that person that the police officer considers could be used for an unlawful purpose or to commit a crime or an offence.

(4)  [Section 7 Subsection (4) substituted by No. 15 of 2014, s. 5, Applied:19 Dec 2014] On conviction of a person of an offence against subsection (1)(a) or (b) , any implement or instrument seized under subsection (3)(b) is forfeited to the Crown.

(5)  [Section 7 Subsection (5) amended by No. 15 of 2014, s. 5, Applied:19 Dec 2014] [Section 7 Subsection (5) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months.

7A.   Loitering near children

[Section 7A Inserted by No. 47 of 2000, s. 5, Applied:14 Jul 2000]

(1)  For the purposes of this section, a person loiters near children if the person loiters at, or in the vicinity of –

(a) a school; or

(b) any of the following, while children are present:

(i) a public toilet;

(ii) a playground;

(iii) a swimming pool;

(iv) a games arcade;

(v) any other place at which children are commonly present.

(2)  A person who has been found guilty of a sexual offence must not, without reasonable excuse, loiter near children.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  [Section 7A Subsection (3) inserted by No. 15 of 2014, s. 6, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening subsection (2) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any implement or item found on that person that the police officer considers may have been used during the commission of the offence.

(4)  [Section 7A Subsection (4) inserted by No. 15 of 2014, s. 6, Applied:19 Dec 2014] The court may, if it considers any implement or item that was seized under subsection (3)(b) may have been used during the commission of an offence against subsection (2) , order that the implement or item be forfeited to the Crown.

(5)  [Section 7A Subsection (5) inserted by No. 15 of 2014, s. 6, Applied:19 Dec 2014] The court may make an order against subsection (4) whether or not the person is convicted of an offence against subsection (2) .

(6)  [Section 7A Subsection (6) inserted by No. 15 of 2014, s. 6, Applied:19 Dec 2014] On conviction of a person of an offence against subsection (2) , any implement or item seized under subsection (3)(b) is forfeited to the Crown.

7B.   Possession of implement or instrument

[Section 7B Inserted by No. 15 of 2014, s. 7, Applied:19 Dec 2014]

(1)  A person must not have in his or her possession without lawful excuse any implement or instrument with intent to commit a crime or an offence.

(2)  If a police officer has reasonable grounds to believe that a person is contravening subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any implement or instrument found on that person that the police officer considers could be used to commit a crime or an offence.

(3)  A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a fine not exceeding 25 penalty units or imprisonment for a term not exceeding 6 months.

(4)  On conviction of a person of an offence against subsection (3) any implement or instrument seized under subsection (2) is forfeited to the Crown.

(5)  In proving under this section an intent to commit a crime or an offence, it is not necessary to show that the person charged was guilty of any particular act tending to show his or her intent and he or she may be convicted if, from the circumstances of the case and for his or her known character as proved to the court before which he or she is charged, it appears to the court that his or her intent was to commit a crime or an offence.

8.   Begging, imposition, &c.

(1)  [Section 8 Subsection (1) amended by No. 32 of 1963, s. 3 ][Section 8 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 8 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 8 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not –

(a) [Section 8 Subsection (1) amended by No. 15 of 2014, s. 8, Applied:19 Dec 2014] in a public place beg or expose wounds or deformities, or place himself or herself or otherwise act so as to induce, or attempt to induce, the giving of money or other financial advantage, or instigate or incite another person to do any of those things;

(b) [Section 8 Subsection (1) amended by No. 86 of 2001, s. 6, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(c) [Section 8 Subsection (1) amended by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(d) [Section 8 Subsection (1) amended by No. 1 of 2001, s. 5, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(e) .  .  .  .  .  .  .  .  

(f) .  .  .  .  .  .  .  .  

(g) [Section 8 Subsection (1) amended by No. 1 of 2001, s. 5, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(h) .  .  .  .  .  .  .  .  

(i) [Section 8 Subsection (1) amended by No. 1 of 2001, s. 5, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(1AA)  [Section 8 Subsection (1AA) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(1A)  [Section 8 Subsection (1A) inserted by No. 32 of 1963, s. 3 ][Section 8 Subsection (1A) amended by No. 55 of 1965, s. 5 ][Section 8 Subsection (1A) amended by No. 53 of 1971, s. 2 ][Section 8 Subsection (1A) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not –

(a) wilfully and obscenely expose his person in any public place or in the view of persons therein;

(b) [Section 8 Subsection (1A) amended by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(c) [Section 8 Subsection (1A) amended by No. 86 of 2001, s. 6, Applied:17 Dec 2001] [Section 8 Subsection (1A) amended by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(1AB)  [Section 8 Subsection (1AB) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1A) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 12 months.

(1B)  [Section 8 Subsection (1B) inserted by No. 32 of 1963, s. 3 ][Section 8 Subsection (1B) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 8 Subsection (1B) omitted by No. 86 of 2001, s. 6, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(1C)  [Section 8 Subsection (1C) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 8 Subsection (1C) omitted by No. 86 of 2001, s. 6, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(2)  [Section 8 Subsection (2) omitted by No. 42 of 2005, s. 30, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

9.   

[Section 9 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 9 Repealed by No. 1 of 2001, s. 6, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

10.   Disorderly houses

(1)  [Section 10 Subsection (1) amended by No. 15 of 2014, s. 9, Applied:19 Dec 2014] [Section 10 Subsection (1) amended by No. 32 of 1963, s. 4 ][Section 10 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 10 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person occupying or keeping any house, shop, room or other premises shall not–

(a) permit or suffer any breach of the peace or riotous or disorderly conduct therein;

(b) [Section 10 Subsection (1) amended by No. 42 of 2005, s. 31, Applied:01 Jan 2006] .  .  .  .  .  .  .  .  

(c) [Section 10 Subsection (1) amended by No. 1 of 2001, s. 7, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(d) [Section 10 Subsection (1) amended by No. 1 of 2001, s. 7, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(1A)  [Section 10 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(2)  [Section 10 Subsection (2) substituted by No. 15 of 2014, s. 9, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that an offence against subsection (1A) is being or has been committed in any house, shop, room or other premises, the police officer may –

(a) without warrant and using such force, means and assistance as is reasonably necessary, enter the house, shop, room or other premises; and

(b) direct any person found at the house, shop, room or other premises to leave that house, shop, room or other premises and not return for a specified period of not less than 12 hours.

(3)  [Section 10 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 10 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]The court before whom any such offender is convicted may further order him to find security, in a sum to be fixed by the court, for his good behaviour for a period not exceeding 12 months, under a penalty not exceeding 2 penalty units, and in the event of such security not being found, may sentence the person offending to imprisonment for a term not exceeding 2 months.

(4)  [Section 10 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 10 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ]If any person is found guilty of any such offence a second time, it shall be lawful for the court, on the application of 3 householders, by warrant to order such person to be removed from the premises occupied, or kept by him, and to impose such further penalty on such offender, not exceeding 2 penalty units, as to the court may seem fit.

(5)  [Section 10 Subsection (5) inserted by No. 15 of 2014, s. 9, Applied:19 Dec 2014] Subsection (2)(b) does not apply to the owner or tenant of the house, shop, room or other premises.

(6)  [Section 10 Subsection (6) inserted by No. 15 of 2014, s. 9, Applied:19 Dec 2014] A person who refuses or fails to comply with a direction from a police officer under subsection (2)(b) is guilty of an offence and liable to a fine not exceeding 20 penalty units.

11.   

[Section 11 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 11 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 11 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 11 Repealed by No. 1 of 2001, s. 8, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

12.   Prohibited language and behaviour

[Section 12 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 12 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 12 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]

(1)  [Section 12 Subsection (1) amended by No. 32 of 1963, s. 5 ]A person shall not, in any public place, or within the hearing of any person in that place –

(a) curse or swear;

(b) sing any profane or obscene song;

(c) use any profane, indecent, obscene, offensive, or blasphemous language; or

(d) [Section 12 Subsection (1) amended by No. 15 of 2014, s. 10, Applied:19 Dec 2014] use any threatening, abusive, or insulting words or behaviour calculated to provoke a breach of the peace or whereby a breach of the peace may be occasioned.

(1A)  [Section 12 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of 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.

(2)  [Section 12 Subsection (2) added by No. 32 of 1963, s. 5 ]A person convicted in respect of an offence under this section committed within 6 months after he has been convicted of that or any other offence thereunder is liable to double the penalty prescribed in subsection (1) in respect of the offence in respect of which he is so convicted.

13.   Public annoyance

[Section 13 Amended by 25 Geo. V No. 78 ][Section 13 Amended by No. 32 of 1963, s. 6 ]

(1)  [Section 13 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (1) amended by No. 112 of 1987, s. 89 ][Section 13 Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not, in a public place –

(a) behave in a violent, riotous, offensive, or indecent manner;

(b) disturb the public peace;

(c) engage in disorderly conduct;

(d) jostle, insult, or annoy any person;

(e) commit any nuisance; or

(f) throw, let off, or set fire to any firework.

(2)  [Section 13 Subsection (2) substituted by No. 87 of 1981, s. 4 ][Section 13 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (2) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not recklessly throw or discharge a missile to the danger or damage of another person or to the danger or damage of the property of another person.

(2A)  [Section 13 Subsection (2A) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not, in a public place, supply liquor to a person under the age of 18 years.

(2B)  [Section 13 Subsection (2B) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A person under the age of 18 years shall not consume liquor in a public place.

(2C)  [Section 13 Subsection (2C) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A person under the age of 18 years shall not have possession or control of liquor in a public place.

(3)  [Section 13 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not wilfully disquiet or disturb any meeting, assembly, or congregation of persons assembled for religious worship.

(3AAA)  [Section 13 Subsection (3AAA) inserted by No. 15 of 2014, s. 11, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening or has contravened subsection (1)(f) or subsection (2) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize –

(i) in relation to a contravention under subsection (1)(f) , any firework found on that person; and

(ii) in relation to a contravention of subsection (2) , any missile found on that person.

(3AAB)  [Section 13 Subsection (3AAB) inserted by No. 15 of 2014, s. 11, Applied:19 Dec 2014] On conviction of a person of an offence against subsection (1)(f) or subsection (2) any firework or missile seized under subsection (3AAA)(b) is forfeited to the Crown.

(3AA)  [Section 13 Subsection (3AA) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (3AA) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person who contravenes a provision of subsection (1) , (2) , (2A) , (2B) , (2C) or (3) is guilty of an offence and is liable on summary conviction to –

(a) a penalty not exceeding 3 penalty units or to imprisonment for a term not exceeding 3 months, in the case of an offence under subsection (1) or (3) ; or

(b) a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months, in the case of an offence under subsection (2) ; or

(c) a penalty not exceeding 10 penalty units or imprisonment for a term not exceeding 6 months, in the case of an offence under subsection (2A) , (2B) or (2C) .

(3A)  [Section 13 Subsection (3A) inserted by No. 32 of 1963, s. 6 ][Section 13 Subsection (3A) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person convicted in respect of an offence under this section committed within 6 months after he has been convicted of that or any other offence thereunder is liable to double the penalty prescribed in respect of the offence in respect of which he is so convicted.

(3B)  [Section 13 Subsection (3B) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]A police officer may seize liquor in the possession of a person the police officer reasonably believes is committing an offence under subsection (1) , (2) , (2A) , (2B) , (2C) or (3) .

(3C)  [Section 13 Subsection (3C) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]If a police officer has seized liquor in accordance with subsection (3B) and the person who has possession of the liquor is subsequently convicted of an offence under subsection (1) , (2) , (2A) , (2B) , (2C) or (3) , the court that convicted the person may order that the liquor and its container be forfeited to the Crown.

(3D)  [Section 13 Subsection (3D) inserted by No. 44 of 1990, s. 225 and Sched. 3 ]If –

(a) a police officer has seized liquor in accordance with subsection (3B) ; and

(b) subsequent to the seizure –

(i) no proceedings are instituted within a reasonable time for an offence under subsection (1) , (2) , (2A) , (2B) , (2C) or (3) ; or

(ii) proceedings are instituted for an offence under one of those subsections but no order for the forfeiture of the liquor is made –

a magistrate may order that the liquor be given to a person the magistrate is satisfied has a right to its possession but if no such order is made or sought within a reasonable time the Commissioner may dispose of the liquor in such manner as the Commissioner considers most appropriate, and shall pay any proceeds into the Consolidated Fund.

(4)  [Section 13 Subsection (4) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not wilfully leave open any gate or slip-panel or make a gap in any fence for the purpose of permitting or causing any animal, or otherwise wilfully cause or procure any animal, to trespass.

(4A)  [Section 13 Subsection (4A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (4) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 3 penalty units.

(5)  [Section 13 Subsection (5) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (5) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (5) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 13 Subsection (5) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (5) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 13 Subsection (5) omitted by No. 1 of 2001, s. 9, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(5AA)  [Section 13 Subsection (5AA) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (5AA) omitted by No. 1 of 2001, s. 9, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

(5A)  [Section 13 Subsection (5A) inserted by No. 62 of 1965, s. 2 ][Section 13 Subsection (5A) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (5A) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 13 Subsection (5A) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (5A) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 13 Subsection (5A) omitted by No. 86 of 2001, s. 7, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

(5AB)  [Section 13 Subsection (5AB) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (5AB) omitted by No. 15 of 2014, s. 11, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

(6)  [Section 13 Subsection (6) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (6) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being the owner or usual keeper of a stallion, bull, boar, or ram, shall not permit the animal to be in any public place unless it is under the immediate custody or control of some competent person.

(6A)  [Section 13 Subsection (6A) amended by No. 15 of 2014, s. 11, Applied:19 Dec 2014] [Section 13 Subsection (6A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (6) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.

(7)  [Section 13 Subsection (7) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (7) amended by No. 55 of 1965, s. 5 ][Section 13 Subsection (7) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being the owner or usual keeper of a horse, mule, hinny, ass, ox, pig, sheep, or goat, other than those mentioned in subsection (6) , shall not permit the animal to graze or stray in any public place.

(7A)  [Section 13 Subsection (7A) amended by No. 15 of 2014, s. 11, Applied:19 Dec 2014] [Section 13 Subsection (7A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (7) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 1 penalty unit or to a penalty not exceeding 3 penalty units for any fifth or subsequent offence within a period of 5 years.

(8)  [Section 13 Subsection (8) inserted by No. 71 of 1962, s. 3 ][Section 13 Subsection (8) amended by No. 75 of 1973, s. 2 and Sched. 1 ]The provisions of subsection (7) do not apply in respect of a milch cow grazing in pursuance of an authority lawfully issued by the body controlling the public place where the cow is grazing; nor to an animal grazing on an unfenced road not within 2.5 kilometres of a city or town.

(9)  [Section 13 Subsection (9) inserted by No. 71 of 1962, s. 3 ]The owner or usual keeper of any animal mentioned in subsection (7) which is found straying in a public place is liable to the penalty imposed by that subsection, unless he satisfies the court that the presence of the animal therein was not due to the negligence or default of himself, his servant, or agent.

(10)  [Section 13 Subsection (10) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(10A)  [Section 13 Subsection (10A) omitted by No. 46 of 1991, s. 5 and Sched. 3 ].  .  .  .  .  .  .  .  

(11)  [Section 13 Subsection (11) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(11A)  [Section 13 Subsection (11A) omitted by No. 46 of 1991, s. 5 and Sched. 3 ].  .  .  .  .  .  .  .  

(12)  [Section 13 Subsection (12) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(12A)  [Section 13 Subsection (12A) omitted by No. 46 of 1991, s. 4 and Sched. 3 ].  .  .  .  .  .  .  .  

(13)  [Section 13 Subsection (13) omitted by No. 112 of 1987, s. 89 ].  .  .  .  .  .  .  .  

(14)  [Section 13 Subsection (14) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 13 Subsection (14) omitted by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] .  .  .  .  .  .  .  .  

13A.   Observation or recording in breach of privacy

[Section 13A Inserted by No. 39 of 2007, s. 5, Applied:21 Nov 2007]

(1)  A person who observes or visually records another person, in circumstances where a reasonable person would expect to be afforded privacy –

(a) without the other person's consent; and

(b) when the other person –

(i) is in a private place; or

(ii) is engaging in a private act and the observation or visual recording is made for the purpose of observing or visually recording a private act –

is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  [Section 13A Subsection (2) substituted by No. 15 of 2014, s. 12, Applied:19 Dec 2014] A person who observes or visually records another person's genital or anal region, in circumstances where a reasonable person would expect to be afforded privacy in relation to that region, when the observation or visual recording is made for the purpose of observing or visually recording the other person's genital or anal region is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2A)  [Section 13A Subsection (2A) inserted by No. 15 of 2014, s. 12, Applied:19 Dec 2014] It is a defence to proceedings for an offence against subsection (2) for the defendant to provide evidence that the observation or visual recording was carried out with the consent of the person observed or visually recorded.

(2B)  [Section 13A Subsection (2B) inserted by No. 15 of 2014, s. 12, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening or has contravened subsection (1) or (2) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any visual recording, item or instrument found on that person that the police officer considers could be used for observing or visually recording contrary to subsection (1) or (2) .

(2C)  [Section 13A Subsection (2C) inserted by No. 15 of 2014, s. 12, Applied:19 Dec 2014] The court may, if it considers any visual recording, item or instrument that was seized under subsection (2B)(b) may have been used during the commission of an offence against subsection (1) or (2) , order that the visual recording, item or instrument be forfeited to the Crown.

(2D)  [Section 13A Subsection (2D) inserted by No. 15 of 2014, s. 12, Applied:19 Dec 2014] The court may make an order under subsection (2C) whether or not the person is convicted of an offence against subsection (1) or (2) .

(2E)  [Section 13A Subsection (2E) inserted by No. 15 of 2014, s. 12, Applied:19 Dec 2014] On conviction of a person of an offence against subsection (1) or (2) , any visual recording, item or instrument seized under subsection (2B)(b) is forfeited to the Crown.

(3)  In subsection (2)  –

genital or anal region, of a person, means the person's genital or anal region when that region is covered only by underwear or bare.

13B.   Publishing or distributing prohibited visual recording

[Section 13B Inserted by No. 39 of 2007, s. 5, Applied:21 Nov 2007]

(1)  A person who publishes or distributes a prohibited visual recording of another person having reason to believe it to be a prohibited visual recording, without lawful and reasonable excuse (proof of which lies on the first-mentioned person), is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(1A)  [Section 13B Subsection (1A) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening or has contravened subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any prohibited visual recording, item or instrument found on that person that the police officer considers could be used for publishing or distributing contrary to subsection (1) .

(1B)  [Section 13B Subsection (1B) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] The court may, if it considers any prohibited visual recording, item or instrument that was seized under subsection (1A)(b) may have been used during the commission of an offence against subsection (1) , order that the prohibited visual recording, item or instrument be forfeited to the Crown.

(1C)  [Section 13B Subsection (1C) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] The court may make an order under subsection (1B) whether or not the person is convicted of an offence against subsection (1) .

(1D)  [Section 13B Subsection (1D) inserted by No. 15 of 2014, s. 13, Applied:19 Dec 2014] On conviction of a person of an offence against subsection (1) , any prohibited visual recording, item or instrument seized under subsection (1A)(b) is forfeited to the Crown.

(2)  In this section –

distribute includes –

(a) communicate, exhibit, send, supply or transmit to someone, whether to a particular person or not; and

(b) make available for access by someone, whether by a particular person or not; and

(c) enter into an agreement or arrangement to do anything mentioned in paragraph (a) or (b) ; and

(d) attempt to distribute;

[Section 13B Subsection (2) amended by No. 15 of 2014, s. 13, Applied:19 Dec 2014] genital or anal region, of a person, has the same meaning as in section 13A ;

prohibited visual recording of another person means –

(a) a visual recording of the person in a private place or engaging in a private act made in circumstances where a reasonable adult would expect to be afforded privacy; or

(b) a visual recording of the person's genital or anal region, when it is covered only by underwear or bare, made in circumstances where a reasonable adult would expect to be afforded privacy in relation to that region.

13C.   Possession of prohibited visual recording

[Section 13C Inserted by No. 39 of 2007, s. 5, Applied:21 Nov 2007]

(1)  A person who has in his or her possession a prohibited visual recording having reason to believe it to be a prohibited visual recording is guilty of an offence.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

(1A)  [Section 13C Subsection (1A) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any prohibited visual recording found on that person or any item or instrument found on that person that the police officer considers could be used for storing a prohibited visual recording.

(1B)  [Section 13C Subsection (1B) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014] The court may, if it considers any prohibited visual recording that was seized under subsection (1A)(b) may have been used during the commission of an offence against subsection (1) , order that the prohibited visual recording be forfeited to the Crown.

(1C)  [Section 13C Subsection (1C) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014] The court may make an order under subsection (1B) whether or not the person is convicted of an offence against subsection (1) .

(1D)  [Section 13C Subsection (1D) inserted by No. 15 of 2014, s. 14, Applied:19 Dec 2014] On conviction of a person of an offence against subsection (1) , any prohibited visual recording seized under subsection (1A)(b) is forfeited to the Crown.

(2)  In this section –

prohibited visual recording has the same meaning as in section 13B .

13D.   Persons who are not criminally responsible for an offence under section 13A or 13B

[Section 13D Inserted by No. 39 of 2007, s. 5, Applied:21 Nov 2007]

(1)  A person is not criminally responsible for an offence under section 13A or 13B if –

(a) the person is, at the time of the offence, a law enforcement officer acting in the course of the person's duties as such an officer; and

(b) the person's conduct is reasonable in the circumstances for the performance of those duties.

(2)  A person is not criminally responsible for an offence under section 13A or 13B in relation to an observation or visual recording of another person who is in lawful custody if –

(a) the person is, at the time of the offence, acting in the course of the person's duties in relation to the other person's lawful custody; and

(b) the person's conduct is reasonable in the circumstances for the performance of the duties.

(3)  A person is not criminally responsible for an offence under section 13A or 13B if –

(a) the person is, at the time of the offence, acting in the course of the person's occupation or employment; and

(b) the person's conduct is reasonable in the circumstances for the performance of the occupation or employment.

(4)  The onus of proving the matter or thing referred to in paragraphs (a) and (b) of subsection (3) lies on the person referred to in those paragraphs.

14.   Public decency

[Section 14 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 14 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 14 Subsection (1) amended by No. 32 of 1963, s. 7 ][Section 14 Subsection (1) substituted by No. 86 of 2001, s. 8, Applied:17 Dec 2001] A person, in any public place or within sight of any person in a public place, must not bathe in any river, lake, harbour or stream or sunbathe unless –

(a) the person is decently clothed; or

(b) the conduct is authorised in that place by the appropriate council.

(2)  [Section 14 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

Division IA - [Part II, Div. IA Heading inserted by No. 82 of 1973, s. 2 ]Offences relating to trespass to lands

14A.   Peering into dwelling-houses, &c.

[Section 14A Inserted by No. 19 of 1961, s. 2 ]

(1)  [Section 14A Subsection (1) amended by No. 32 of 1963, s. 8 ][Section 14A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 14A Subsection (1) amended by No. 74 of 1982, s. 5 ][Section 14A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not without lawful excuse (proof whereof shall lie on him) –

(a) peep or peer into the window or door of a dwelling-house; or

(b) lurk, loiter, or secrete himself on any land within the curtilage of a dwelling-house.

(2)  [Section 14A Subsection (2) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

14B.   Unlawful entry on land

[Section 14B Inserted by No. 82 of 1973, s. 3 ]

(1)  [Section 14B Subsection (1) amended by No. 74 of 1982, s. 6 ][Section 14B Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 14B Subsection (1) amended by No. 4 of 1992, s. 4 ][Section 14B Subsection (1) substituted by No. 86 of 2001, s. 9, Applied:17 Dec 2001] A person, without reasonable or lawful excuse (proof of which lies on the person), must not enter into, or remain on, any land, building, structure, premises, aircraft, vehicle or vessel without the consent of the owner, occupier or person in charge of the land, building, structure, premises, aircraft, vehicle or vessel.

(2)  [Section 14B Subsection (2) amended by No. 43 of 2007, s. 59, Applied:13 Nov 2007] [Section 14B Subsection (2) amended by No. 74 of 1982, s. 6 ][Section 14B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 14B Subsection (2) amended by No. 4 of 1992, s. 4 ]A person who is convicted of an offence under this section is liable to a penalty of–

(a) [Section 14B Subsection (2) amended by No. 43 of 2007, s. 59, Applied:13 Nov 2007] [Section 14B Subsection (2) amended by No. 15 of 2014, s. 15, Applied:19 Dec 2014] a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, in respect of entering or remaining in a dwelling-house; or

(b) [Section 14B Subsection (2) amended by No. 86 of 2001, s. 9, Applied:17 Dec 2001] [Section 14B Subsection (2) amended by No. 43 of 2007, s. 59, Applied:13 Nov 2007] [Section 14B Subsection (2) amended by No. 15 of 2014, s. 15, Applied:19 Dec 2014] 25 penalty units or imprisonment for a term not exceeding 6 months, in respect of entering into, or remaining on, any other land, building, structure, premises, aircraft, vehicle or vessel.

(2A)  [Section 14B Subsection (2A) inserted by No. 43 of 2007, s. 59, Applied:13 Nov 2007] However, if the court that convicts a person of an offence under this section is satisfied that the person –

(a) was in possession of a firearm during the actual commission of the offence; or

(b) made any use of an aircraft, vehicle or vessel during the actual commission of the offence –

the person is liable to a penalty not exceeding twice that provided for by subsection (2) .

(2B)  [Section 14B Subsection (2B) inserted by No. 43 of 2007, s. 59, Applied:13 Nov 2007] If subsection (2A)(a) applies to the convicted person, the court may, in addition to any other penalty it may impose, do either or both of the following:

(a) order that the firearm is forfeited to the Crown;

(b) cancel all or any of the licences or permits that the convicted person may hold under the Firearms Act 1996 .

(2C)  [Section 14B Subsection (2C) amended by No. 15 of 2014, s. 15, Applied:19 Dec 2014] [Section 14B Subsection (2C) inserted by No. 43 of 2007, s. 59, Applied:13 Nov 2007] A firearm forfeited to the Crown pursuant to subsection (2B) is to be disposed of as the Commissioner determines.

(3)  [Section 14B Subsection (3) amended by No. 74 of 1982, s. 6 ]Where a person is convicted of an offence under this section in respect of entering or remaining in the dwelling-house of another person, the court or one of the justices may issue a warrant addressed to all police officers commanding them to enter the premises and give the possession thereof to the complainant.

(4)  For the purpose of executing a warrant under subsection (3) , every police officer may, if necessary, break and enter the premises to which the warrant relates and eject the person convicted and any other person therefrom.

(5)  [Section 14B Subsection (5) inserted by No. 43 of 2007, s. 59, Applied:13 Nov 2007] [Section 14B Subsection (5) substituted by No. 15 of 2014, s. 15, Applied:19 Dec 2014] If a police officer has reasonable grounds to believe that a person is contravening subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any firearm found in the possession of that person.

(6)  [Section 14B Subsection (6) inserted by No. 43 of 2007, s. 59, Applied:13 Nov 2007] Section 68 applies if a firearm is seized under subsection (5) .

14C.   Names and addresses of offenders may be required

[Section 14C Inserted by No. 82 of 1973, s. 3 ]

(1)  [Section 14C Subsection (1) amended by No. 74 of 1982, s. 7 ]Where the owner or occupier of any land, his agent, or any person authorized in writing in that behalf by the owner or occupier of any land or his agent finds on that land another person in circumstances in which he believes on reasonable grounds that that other person is committing or has committed an offence under section 14B (1) , he may require that other person to state his name and the address of his place of abode.

(2)  [Section 14C Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person who fails or refuses to comply with a requirement under subsection (1) or, in response to such a requirement, gives a name or address that is false, is guilty of an offence, and, on summary conviction, is liable to a penalty not exceeding 2 penalty units.

14D.   Alternative convictions

[Section 14D Inserted by No. 82 of 1973, s. 3 ]Where a person who is charged with an offence under section 14A is found not guilty of the offence with which he is charged, he may be convicted of an offence under section 14B or section 14C if it is established by the evidence to have been committed by him.

Division II - Offences relating to good order and safety

15.   

[Section 15 Subsection (1) amended by No. 32 of 1963, s. 9 ][Section 15 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 15 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15 Subsection (1) amended by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Subsection (2) inserted by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 15 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 15 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15 Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 15 Subsection (2) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Subsection (3) inserted by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (3) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Subsection (4) inserted by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (4) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Subsection (5) added by 4 Geo. VI No. 12, s. 2 ][Section 15 Subsection (5) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Subsection (6) (formerly (2)) added by 7 Geo. VI No. 66, s. 2 ][Section 15 Subsection (6) renumbered by No. 36 of 1958, s. 4 and Sched. 3 ][Section 15 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 15 Subsection (6) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15 Subsection (6) amended by No. 82 of 1973, s. 4 ][Section 15 Subsection (6) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15 Subsection (6) omitted by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Subsection (7) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15 Subsection (7) amended by No. 1 of 2001, s. 10, Applied:12 Apr 2001] [Section 15 Repealed by No. 15 of 2014, s. 16, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

15A.   

[Section 15A Inserted by No. 71 of 1962, s. 4 ][Section 15A Subsection (1) amended by No. 62 of 1965, s. 3 ][Section 15A Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15A Subsection (1) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 15A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 15A Subsection (1) amended by No. 1 of 2001, s. 11, Applied:12 Apr 2001] [Section 15A Subsection (1) amended by No. 86 of 2001, s. 10, Applied:17 Dec 2001] [Section 15A Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15A Repealed by No. 15 of 2014, s. 16, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

15B.   Dispersal of persons

[Section 15B Inserted by No. 71 of 1962, s. 4 ][Section 15B Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 15B Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15B Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 15B Subsection (2) amended by No. 51 of 1982, s. 8 ][Section 15B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15B Repealed by No. 1 of 2001, s. 12, Applied:12 Apr 2001] [Section 15B Inserted by No. 86 of 2001, s. 11, Applied:17 Dec 2001]

(1)  A police officer may direct a person in a public place to leave that place and not return for a specified period of not less than 4 hours if the police officer believes on reasonable grounds that the person –

(a) has committed or is likely to commit an offence; or

(b) is obstructing or is likely to obstruct the movement of pedestrians or vehicles; or

(c) is endangering or likely to endanger the safety of any other person; or

(d) has committed or is likely to commit a breach of the peace.

(2)  A person must comply with a direction under subsection (1) .

Penalty:  Fine not exceeding 2 penalty units.

15C.   Dangerous articles

[Section 15C Inserted by No. 71 of 1962, s. 4 ][Section 15C Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (2) amended by No. 99 of 1982, s. 3 ][Section 15C Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 15C Subsection (4) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15C Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15C Repealed by No. 1 of 2001, s. 12, Applied:12 Apr 2001] [Section 15C Inserted by No. 86 of 2001, s. 11, Applied:17 Dec 2001]

(1)  [Section 15C Subsection (1) amended by No. 15 of 2016, s. 5, Applied:21 Jun 2016] A person, without lawful excuse (proof of which lies on the person), must not have possession of, or carry or use, a dangerous article in a public place.

Penalty:  Fine not exceeding 10 penalty units.

(1A)  [Section 15C Subsection (1A) inserted by No. 29 of 2004, s. 6, Applied:23 Sep 2004] Subsection (1) does not apply to –

(a) a police officer acting in the performance of his or her duties; or

(b) a person, or group of persons, excluded in writing by the Commissioner from the application of that subsection.

(2)  [Section 15C Subsection (2) amended by No. 29 of 2004, s. 6, Applied:23 Sep 2004] A police officer may stop, detain and search, without a warrant, any person in a public place whom the police officer reasonably believes has possession of, or carries, any dangerous article without lawful excuse and may stop, detain and search, without a warrant, the person's vehicle.

(3)  A police officer may seize and detain any dangerous article found.

(4)  A lawful excuse excludes self-defence but includes the following:

(a) the pursuit of a lawful occupation, duty or activity using that dangerous article;

(b) the participation in a lawful sport, recreation or entertainment using that dangerous article;

(c) the lawful collection, display or exhibition of that dangerous article;

(d) [Section 15C Subsection (4) amended by No. 15 of 2016, s. 5, Applied:21 Jun 2016] the use of that dangerous article for the lawful purpose for which it was intended;

(e) [Section 15C Subsection (4) amended by No. 15 of 2016, s. 5, Applied:21 Jun 2016] religious observance.

(5)  If a person is convicted or found guilty of an offence under this section, the dangerous article to which the offence relates is forfeited and may be disposed of as the court orders.

(6)  [Section 15C Subsection (6) inserted by No. 29 of 2004, s. 6, Applied:23 Sep 2004] For the purposes of this section, a person who is in a motor vehicle in a public place is taken to be in the public place.

15CA.   Graffiti and graffiti equipment

[Section 15CA Inserted by No. 49 of 2009, s. 5, Applied:12 Nov 2009]

(1)  A person must not, without lawful excuse, mark graffiti.

Penalty:  Fine not exceeding 20 penalty units.

(2)  In addition to, or in substitution for, any penalty imposed by a court under subsection (1) , the court may order that the offender perform community service in accordance with Part 4 of the Sentencing Act 1997 .

(3)  A person must not, without lawful excuse, distribute, supply or sell graffiti equipment to a youth.

Penalty:  Fine not exceeding 20 penalty units.

(4)  A person must not, without lawful excuse, have possession of, or carry or use, graffiti equipment in a public place.

Penalty:  Fine not exceeding 20 penalty units.

(5)  Subsection (4) does not apply to –

(a) a police officer acting in the performance of his or her duties; or

(b) a person, or group of persons, excluded in writing by the Commissioner from the application of that subsection.

(6)  A police officer may stop, detain and search, without a warrant, any person in a public place who the police officer reasonably believes has possession of, or is carrying, any graffiti equipment without lawful excuse and may stop, detain and search, without a warrant, the person's vehicle.

(7)  A police officer may seize and retain any graffiti equipment found.

(8)  For the purposes of this section, a lawful excuse includes the following:

(a) the pursuit of a lawful occupation, duty or activity using that graffiti equipment;

(b) the participation in a lawful sport, recreation or entertainment using that graffiti equipment.

(9)  If a person is convicted or found guilty of an offence under this section, the graffiti equipment to which the offence relates is forfeited and is to be disposed of as the court orders.

(10)  For the purposes of this section, a person who is in a motor vehicle in a public place is taken to be in the public place.

15D.   Use, carriage and possession of crossbows

[Section 15D Amended by No. 4 of 2002, s. 59, Applied:01 Jul 2002] [Section 15D Inserted by No. 71 of 1962, s. 4 ][Section 15D Amended by No. 55 of 1965, s. 5 ][Section 15D Amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15D Amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 15D Repealed by No. 86 of 2001, s. 11, Applied:17 Dec 2001] [Section 15D Inserted by No. 29 of 2004, s. 7, Applied:23 Sep 2004]

(1)  A person must not use, carry or have possession of a crossbow unless he or she is authorised in writing by the Commissioner to do so.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person may apply to the Commissioner for a permit to use, carry or have possession of a crossbow.

(3)  An application for a permit is to –

(a) be in an approved form; and

(b) include details of the following:

(i) the type of crossbow;

(ii) the reason for its possession, carriage or use;

(iii) the means by which it is to be stored when not in use;

(iv) any other prescribed matter.

(4)  The Commissioner may grant an application subject to any conditions the Commissioner considers appropriate.

(5)  The Commissioner must not grant an application unless the Commissioner is satisfied that the applicant –

(a) is at least 18 years old; and

(b) is a natural person; and

(c) is a fit and proper person to use, carry or have possession of a crossbow; and

(d) is able to safely store the crossbow; and

(e) has a legitimate reason for using, carrying or possessing a crossbow, including for the purpose of conducting research, hunting vermin or another purpose the Commissioner considers appropriate.

(6)  In deciding whether a person is a fit and proper person, the Commissioner is to take into account the following:

(a) any likelihood of the person using a crossbow –

(i) for an unlawful purpose; or

(ii) to harm himself or herself;

(b) the mental and physical condition of the person;

(c) any criminal activity of the person, whether in Tasmania or elsewhere;

(d) any offence committed by the person under this Act, the Guns Act 1991 or the Firearms Act 1996;

(e) the ability of the person to exercise continuous and responsible control over a crossbow;

(f) whether the person is subject to a restraint order or an interim restraint order or has at any time within the previous 5 years been subject to such an order;

(fa) [Section 15D Subsection (6) amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017] whether a recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016 , is in force under that Act in respect of the person;

(g) whether the person is subject to a recognisance, granted in Tasmania or elsewhere, to keep the peace.

(7)  A person authorised under this section must carry a copy of the authorisation at all times while he or she has possession of, or is carrying or using, a crossbow.

Penalty:  Fine not exceeding 10 penalty units.

(8)  A police officer may seize and detain any crossbow used, carried or kept in contravention of this section.

(9)  If a person is convicted or found guilty of an offence under this section, the crossbow to which the offence relates is forfeited and may be disposed of as the court orders.

(10)  Nothing in this section prevents a person from being prosecuted for the use, carriage or possession of a crossbow in contravention of another Act.

(11)  [Section 15D Subsection (11) omitted by No. 44 of 1935, s. 15D, Applied:01 Jan 2005] .  .  .  .  .  .  .  .  

(12)  Subsection (11) expires on 31 December 2004.

15E.   Body armour

[Section 15E Inserted by No. 62 of 1965, s. 4 ][Section 15E Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15E Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15E Subsection (1) amended by No. 112 of 1987, s. 89 ][Section 15E Subsection (2) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 15E Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15E Subsection (2) amended by No. 30 of 1995, s. 3 and Sched. 1 ][Section 15E Subsection (4) substituted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 15E Repealed by No. 86 of 2001, s. 11, Applied:17 Dec 2001] [Section 15E Inserted by No. 49 of 2009, s. 6, Applied:12 Nov 2009]

(1)  A person must not manufacture, distribute, supply, sell or possess body armour unless he or she holds a permit from the Commissioner to do so.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.

(1A)  [Section 15E Subsection (1A) inserted by No. 45 of 2010, s. 4, Applied:21 Dec 2010] Subsection (1) does not apply to –

(a) a police officer acting in the performance of his or her duties; or

(b) a person, or group of persons, excluded in writing by the Commissioner from the application of that subsection.

(2)  A person may apply to the Commissioner for a permit to manufacture, distribute, supply, sell or possess body armour.

(3)  An application for a permit is to –

(a) be in a form approved by the Commissioner; and

(b) include details of the following:

(i) the type of body armour;

(ii) the reason for its manufacture, distribution, supply, sale or possession;

(iii) the means by which it is to be stored when not in use;

(iv) any other prescribed matter.

(4)  The Commissioner may grant an application subject to any conditions the Commissioner considers appropriate.

(5)  The Commissioner must not grant an application unless the Commissioner is satisfied that the applicant –

(a) is at least 18 years of age; and

(b) is a natural person; and

(c) is a fit and proper person to manufacture, distribute, supply, sell or possess body armour; and

(d) is able to safely store the body armour; and

(e) has a legitimate reason for manufacturing, distributing, supplying, selling or possessing body armour.

(6)  In deciding whether a person is a fit and proper person, the Commissioner is to take into account the following:

(a) any likelihood of the person using body armour for an unlawful purpose;

(b) the mental condition of the person;

(c) any criminal activity of the person, whether in Tasmania or elsewhere;

(d) any offence committed by the person under this Act, the Guns Act 1991 or the Firearms Act 1996 ;

(e) whether the person is subject to a restraint order or interim restraint order under Part XA of the Justices Act 1959 , or a family violence order, or has at any time within the previous 5 years been subject to such an order;

(ea) [Section 15E Subsection (6) amended by No. 29 of 2016, Sched. 1, Applied:25 Nov 2017] whether a recognised DVO, within the meaning of the Domestic Violence Orders (National Recognition) Act 2016 , is in force under that Act in respect of the person;

(f) whether the person is subject to a recognisance, granted in Tasmania or elsewhere, to keep the peace.

(7)  A person issued with a permit under this section must produce a copy of the permit on the demand of a police officer while the person is manufacturing, distributing, supplying, selling or in possession of body armour.

Penalty:  Fine not exceeding 20 penalty units.

(8)  A police officer may seize and retain any body armour manufactured, distributed, supplied, sold or possessed in contravention of this section.

(9)  If a person is convicted or found guilty of an offence under this section, the body armour to which the offence relates is forfeited and is to be disposed of as the court orders.

(10)  Nothing in this section prevents a person from being prosecuted for the manufacture, distribution, supply, sale or possession of body armour in contravention of another Act.

15F.   Laser pointers

[Section 15F Inserted by No. 11 of 2010, s. 4, Applied:27 Jul 2010]

(1)  A person must not, without lawful excuse (proof of which lies on that person), possess, carry or use a laser pointer in a public place.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not, without lawful excuse (proof of which lies on that person), by means of a laser pointer, intentionally or recklessly direct a laser beam at any person, animal or vehicle.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 12 months, or both.

(3)  Subsections (1) and (2) do not apply to –

(a) a police officer acting in the performance of his or her duties; or

(b) a State Service employee, employed in the Department, acting in the performance of his or her duties; or

(c) a person, or group of persons, excluded in writing by the Commissioner from the application of those subsections.

(4)  A police officer who reasonably suspects that a person in a public place has contravened subsection (1) or (2) may, without a warrant –

(a) stop, detain and search the person; and

(b) stop, detain and search any vehicle the person is in, any vehicle the person appears to have been in or be about to get in or any vehicle the person appears to have put anything in.

(5)  A police officer who reasonably suspects that the safety of any person or the safe operation of any vehicle has been, or is about to be, put at serious and immediate risk through the use of a laser pointer contrary to subsection (2) may, without a warrant –

(a) enter and search any premises from which the relevant laser beam appears to have been, or be about to be, directed and search any person on those premises; or

(b) stop, detain and search any vehicle from which the relevant laser beam appears to have been, or be about to be, directed and any person in that vehicle.

(6)  For the purposes of subsection (4) or (5) , a police officer –

(a) may use reasonable force and assistance and any available form of relevant detection technology; but

(b) must cause no more damage than is reasonably necessary to find a suspected laser pointer.

(7)  A police officer may seize, deactivate and detain any laser pointer found in the course of a search conducted pursuant to subsection (4) or (5) .

(8)  For the purposes of this section, a lawful excuse includes the following:

(a) the pursuit of a lawful occupation, duty or activity in which laser pointers have a generally recognised application;

(b) participation in a lawful sport, recreation or entertainment in which laser pointers have a generally recognised application;

(c) the use of laser pointers for the specific lawful purpose for which they were manufactured;

(d) the lawful display or exhibition of laser pointers;

(e) the use of laser pointers under and in accordance with a valid licence under the Radiation Protection Act 2005 ;

(f) any excuse prescribed by the regulations under this Act.

(9)  If a person is convicted or found guilty of an offence under this section, the laser pointer to which the offence relates is forfeited to the Crown and may be disposed of as the Commissioner determines.

(10)  For the purposes of this section –

(a) a person who is in a vehicle in a public place is taken to be in the public place; and

(b) in determining whether any article found in the course of a search is a laser pointer within the meaning of this section, a police officer is entitled to disregard whether, when found, the article is actively capable of emitting a laser beam.

(11)  In this section –

laser pointer means a device designed or adapted to emit a laser beam capable of being used for the purpose of aiming, targeting or pointing;

vehicle includes any kind of vessel or aircraft.

16.   Street entertainment

[Section 16 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 16 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 16 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 16 Subsection (1) amended by No. 32 of 1963, s. 10 ][Section 16 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 16 Substituted by No. 86 of 2001, s. 11, Applied:17 Dec 2001]

(1)  A person, without a permit issued by the appropriate council, must not continue to provide street entertainment on any day within 100 metres of any premises after being requested on that day by the occupier of those premises or a police officer to cease providing that entertainment.

Penalty:  Fine not exceeding 2 penalty units.

(2)  A police officer may require any person providing street entertainment to cease any conduct that may be a danger to public safety.

(3)  A person must comply with a requirement under subsection (2) .

Penalty:  Fine not exceeding 2 penalty units.

17.   Chimneys on fire

[Section 17 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 17 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person, being the occupier of any building within any town, shall not fail to prevent any chimney in such building taking fire.

(1A)  [Section 17 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

(2)  It shall be a good defence to any complaint under this section to prove that such chimney has been swept within 3 months before the day on which such fire took place.

18.   Discharge of distress signals

[Section 18 Subsection (1) amended by No. 32 of 1963, s. 11 ][Section 18 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 18 Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 18 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 18 Subsection (1AA) renumbered by No. 46 of 1991, s. 5 and Sched. 3 ][Section 18 Subsection (1A) inserted by No. 62 of 1965, s. 6 ][Section 18 Subsection (1A) amended by No. 55 of 1965, s. 5 ][Section 18 Subsection (1A) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 18 Repealed by No. 1 of 2001, s. 13, Applied:12 Apr 2001] [Section 18 Inserted by No. 39 of 2007, s. 6, Applied:21 Nov 2007]

(1)  In this section –

[Section 18 Subsection (1) amended by No. 15 of 2014, s. 17, Applied:19 Dec 2014] distress signal means a flare or electronic device that is normally used to signal distress.

(2)  A person must not, without reasonable excuse, discharge a distress signal.

Penalty:  Fine not exceeding 30 penalty units.

(3)  A person is not guilty of an offence under subsection (2) if the distress signal was discharged –

(a) for an emergency; or

(b) with the approval of the Marine and Safety Authority (established under the Marine and Safety Authority Act 1997 ); or

(c) with the approval of a police officer of or above the rank of inspector.

17A.   

[Section 17A Inserted by No. 71 of 1962, s. 5 ][Section 17A Amended by No. 55 of 1965, s. 5 ][Section 17A Amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 17A Repealed by No. 86 of 2001, s. 12, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

17B.   

[Section 17B Inserted by No. 62 of 1965, s. 5 ][Section 17B Subsection (1) amended by No. 13 of 1987, s. 5 ][Section 17B Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 17B Subsection (2) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 17B Repealed by No. 1 of 2001, s. 13, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

19.   Poisoned substances

(1)  [Section 19 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not place or cause to be placed in or upon any public place or in or upon the land of any other person any poisonous thing, that is to say, anything which has been mixed with or steeped in or impregnated with poison or any poisonous ingredient so as to be destructive to life.

(2)  [Section 19 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not without reasonable excuse have in his possession any such poisonous thing.

(3)  [Section 19 Subsection (3) amended by No. 32 of 1963, s. 12 ][Section 19 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 19 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]An occupier of any land shall not place or cause to be placed any such poisonous thing upon such land without posting in a conspicuous place thereon notice that such thing has been so placed.

(3A)  [Section 19 Subsection (3A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) , (2) , or (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(4)  The foregoing provisions of this section shall not apply to any occupier of any building or the owner of any rick or stack of grain or other cultivated vegetable produce placing or causing to be placed any such poisonous thing for the destruction of rats, mice, or other small vermin in such building or in the drains connected therewith (provided such drains are so protected with gratings or otherwise as to prevent any dog entering the same) or within such rick or stack nor to any person laying or causing to be laid poison in accordance with the provisions of any Act.

19AA.   Dangerous junk

[Section 19AA Inserted by No. 71 of 1962, s. 6 ]

(1)  [Section 19AA Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 19AA Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 19AA Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not place or cause to be placed in or upon any public place, dump, tip, or unfenced land, any refrigerator, ice chest, ice box, hot box, chest, trunk, wardrobe, cupboard, or other article having in it a compartment more than 40 litres in size with a door thereto capable of being fastened or of staying shut.

(2)  [Section 19AA Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

19A.   Sports venues

[Section 19A Inserted by No. 19 of 1961, s. 3 ][Section 19A Subsection (1) amended by No. 86 of 1981, s. 3 ][Section 19A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 19A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 19A Subsection (1) substituted by No. 15 of 2014, s. 18, Applied:19 Dec 2014] A person must not enter the reserved area of a sports venue without lawful excuse.

(1AA)  [Section 19A Subsection (1AA) (formerly (1A))inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of 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.

(1A)  [Section 19A Subsection (1A) amended by No. 15 of 2014, s. 18, Applied:19 Dec 2014] [Section 19A Subsection (1A) inserted by No. 86 of 1981, s. 3 ]Subject to subsection (1B) , a police officer may arrest without warrant any person who enters the reserved area of a sports venue–

(a) where a sport is being played or a game is being conducted;

(b) where a sport is to be played or a game is to be conducted; or

(c) [Section 19A Subsection (1A) amended by No. 15 of 2014, s. 18, Applied:19 Dec 2014] where a sport has been played or a game has been conducted.

(1B)  [Section 19A Subsection (1B) amended by No. 15 of 2014, s. 18, Applied:19 Dec 2014] [Section 19A Subsection (1B) inserted by No. 86 of 1981, s. 3 ]A police officer shall not exercise the power of arrest referred to in subsection (1A) unless he reasonably believes–

(a) [Section 19A Subsection (1B) amended by No. 15 of 2014, s. 18, Applied:19 Dec 2014] that the sport being played, or the game being conducted, on the reserved area of the sports venue is, will be or has been interrupted or the use of that area by persons participating or having participated in the sport or game is or will be interfered with or affected; or

(b) that the commencement of the sport to be played, or the game to be conducted, on that area will be delayed.

(2)  In this section –

[Section 19A Subsection (2) amended by No. 15 of 2014, s. 18, Applied:19 Dec 2014] reserved area means so much of a sports venue as is set apart or reserved for the playing of a game or the conducting of a sport;

[Section 19A Subsection (2) amended by No. 15 of 2014, s. 18, Applied:19 Dec 2014]

[Section 19A Subsection (2) amended by No. 15 of 2014, s. 18, Applied:19 Dec 2014] sports venue means a public place to which the public are admitted, whether on payment or otherwise, to view a game or sport played or conducted on the reserved area of that sports venue.

20.   Misbehaviour at public meetings

[Section 20 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 20 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 20 Subsection (1) amended by No. 32 of 1963, s. 13 ]A person in or near any hall, room, or building in which a public meeting is being held shall not –

(a) behave in a riotous, disorderly, indecent, offensive, threatening, or insulting manner; or

(b) use any threatening, abusive, or insulting words.

(1A)  [Section 20 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of 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.

(2)  Where in the opinion of the chairman presiding at any public meeting any person in or near the hall, room, or building in which such meeting is being held commits an offence against this section, such chairman may verbally direct any police officer who is present to remove such person from the said hall, room, or building, or the neighbourhood thereof; and such police officer shall remove such person accordingly.

20AA.   

[Section 20AA Inserted by No. 71 of 1962, s. 7 ][Section 20AA Amended by No. 55 of 1965, s. 5 ][Section 20AA Amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 20AA Repealed by No. 15 of 2014, s. 19, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

Division III - .  .  .  .  .  .  .  .  

[Part II, Div. III Repealed by No. 34 of 1991, s. 99 ][Division III of Part II Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Division III of Part II Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017]

20A.   

[Section 20A Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20A Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20B.   

[Section 20B Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20B Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20C.   

[Section 20C Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20C Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20D.   

[Section 20D Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20D Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20E.   

[Section 20E Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20E Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20F.   

[Section 20F Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20F Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20G.   

[Section 20G Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20G Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20H.   

[Section 20H Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20H Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20I.   

[Section 20I Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20I Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20J.   

[Section 20J Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20J Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20K.   

[Section 20K Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20K Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20L.   

[Section 20L Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20L Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20M.   

[Section 20M Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20M Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

20N.   

[Section 20N Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 20N Repealed by No. 31 of 2017, Sched. 1, Applied:05 Sep 2017] .  .  .  .  .  .  .  .  

Division IIIA - Prohibited behaviour

[Division IIIA of Part II Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007]

21.   Prohibited behaviour

[Section 21 Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] A person must not, wilfully and without reasonable excuse, do any act or behave in a manner that a reasonable person is likely to find indecent or offensive in all the circumstances, if that person knew or should have known that his or her conduct was being, or may have been, viewed by another person.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 12 months, or both.

21A.   Unlawfully administering drug, &c.

[Section 21A Inserted by No. 39 of 2007, s. 7, Applied:21 Nov 2007] [Section 21A Substituted by No. 15 of 2014, s. 20, Applied:19 Dec 2014]

(1)  Any person who, without lawful and reasonable excuse, administers or causes another person to take, without that person's consent, any drug, liquor or other thing which is likely to impair the consciousness or bodily function of the other person is guilty of an offence.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  If a police officer has reasonable grounds to believe that a person is contravening or has contravened subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any drug, liquor or other thing found on the person that the police officer believes is likely to impair the consciousness or bodily function of another person.

(3)  The court may, if it considers any drug, liquor or other thing that was seized under subsection (2)(b) may have been used during the commission of an offence against subsection (1) , order that the drug, liquor or other thing be forfeited to the Crown.

(4)  The court may make an order under subsection (3) whether or not the person is convicted of an offence against subsection (1) .

(5)  On conviction of a person of an offence against subsection (1) , any drug, liquor or other thing seized under subsection (2)(b) is forfeited to the Crown.

22.   

.  .  .  .  .  .  .  .  

23.   

.  .  .  .  .  .  .  .  

24.   

.  .  .  .  .  .  .  .  

24A.   

.  .  .  .  .  .  .  .  

24B.   

.  .  .  .  .  .  .  .  

Division IV - Consumption of liquor

[Part II, Div. IV  Inserted by No. 45 of 1995, s. 5 ]

25.   Consumption of liquor in streets, &c.

[Section 25 Inserted by No. 45 of 1995, s. 5 ]

(1)  [Section 25 Subsection (1) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 25 Subsection (1) omitted by No. 50 of 2009, s. 5, Applied:25 Nov 2009] .  .  .  .  .  .  .  .  

(2)  A person must not consume liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:  Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.

(3)  A person must not, without reasonable excuse (proof of which lies on the person), have in his or her possession an opened or unsealed container of liquor in a public street or in any public place that is prescribed by the regulations for the purposes of this section.

Penalty:  Fine not exceeding 2 penalty units or, in the case of a second or subsequent offence, a fine not exceeding 5 penalty units.

(4)  This section does not apply to a person who is –

(a) [Section 25 Subsection (4) amended by No. 24 of 2004, s. 47, Applied:01 Jan 2005] on licensed premises, within the meaning of the Liquor Licensing Act 1990 , or on premises at which food is sold for consumption on those premises; or

(b) within 50 metres of any such premises and is using furniture or other facilities lawfully provided by the proprietor or lessee of those premises for that purpose; or

(c) [Section 25 Subsection (4) amended by No. 24 of 2004, s. 47, Applied:01 Jan 2005] in a place where the possession and consumption of liquor is permitted under a permit or licence in force under the Liquor Licensing Act 1990 .

(5)  A person who is in a stationary motor vehicle in a public street or in a prescribed public place is taken to be in the public street or in the prescribed public place.

(6)  [Section 25 Subsection (6) inserted by No. 39 of 2007, s. 8, Applied:21 Nov 2007] Regulations made for the purpose of this section may provide that a public place specified in the regulations is to be taken to be a public place to which this section applies only during specified periods and at specified times within those periods and, where the regulations so provide, this section applies in relation to that public place accordingly.

Division V - Sale or supply of liquor to youths

[Division V of Part II Inserted by No. 49 of 2009, s. 7, Applied:12 Nov 2009]

26.   Sale or supply of liquor to youths

[Section 26 Repealed by No. 103 of 1974, s. 2 ][Section 26 Inserted by No. 49 of 2009, s. 7, Applied:12 Nov 2009]

(1)  A person must not supply liquor to a youth at a private place unless the person is a responsible adult for the youth.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months.

(2)  A responsible adult for a youth must not supply liquor to the youth at a private place unless the supply is consistent with the responsible supervision of the youth.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months.

(3)  For the purposes of subsection (2) , the following factors are relevant in considering whether the supply is consistent with the responsible supervision of the youth:

(a) whether the responsible adult is directly supervising the youth's consumption of the liquor;

(b) whether the responsible adult is intoxicated;

(c) whether the responsible adult provides food for the youth to consume with the liquor;

(d) whether the youth is intoxicated;

(e) the age of the youth;

(f) the quantity and type of liquor supplied and the period over which it is supplied.

(4)  For the purposes of this section, each of the following persons is a responsible adult for a youth:

(a) a parent, step-parent or guardian of the youth;

(b) an adult who has parental rights and responsibilities for the youth;

(c) an adult authorised to supply liquor to the youth by a parent, step-parent or guardian of the youth or by an adult referred to in paragraph (b) .

27.   

[Section 27 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

28.   

[Section 28 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

29.   

[Section 29 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

30.   

[Section 30 Repealed by No. 103 of 1974, s. 2 ].  .  .  .  .  .  .  .  

31.   

[Section 31 Repealed by No. 49 of 1996, s. 5 ].  .  .  .  .  .  .  .  

32.   

[Section 32 Repealed by No. 49 of 1996, s. 5 ].  .  .  .  .  .  .  .  

Division VI - .  .  .  .  .  .  .  .  

[Part II, Div. VI Repealed by No. 44 of 1990, s. 225 and Sched. 3 ]

33.   

[Section 33 Repealed by No. 4 of 1990, s. 225 and Sched. 3 ].  .  .  .  .  .  .  .  

34.   

[Section 34 Repealed by No. 4 of 1990, s. 225 and Sched. 3 ].  .  .  .  .  .  .  .  

34A.   

[Section 34A Inserted by No. 42 of 1959, s. 3 ][Section 34A Repealed by No. 4 of 1990, s. 225 and Sched. 3 ].  .  .  .  .  .  .  .  

Division VII - Offences against public authority

[Part II, Div. VII Inserted by No. 53 of 1965, s. 2 ]

34B.   Resistance to, and obstruction of, public officers prohibited

[Section 34B Inserted by No. 53 of 1965, s. 2 ]

(1)  [Section 34B Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 34B Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 34B Subsection (1) amended by No. 44 of 1990, s. 225 and Sched. 3 ]A person shall not –

(a) assault, resist, or wilfully obstruct –

(i) a police officer in the execution of his duty;

(ii) a person lawfully assisting a police officer in the execution of his duty; or

(iii) a person lawfully arresting another person;

(b) threaten, intimidate, or use abusive language to any such police officer whilst in the performance or execution of his duty or a person assisting a police officer therein; or

(c) instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.

(1A)  [Section 34B Subsection (1A) amended by No. 15 of 2014, s. 21, Applied:19 Dec 2014] [Section 34B Subsection (1A) amended by No. 77 of 2003, s. 5, Applied:15 Dec 2003] [Section 34B Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 100 penalty units or to imprisonment for a term not exceeding 3 years.

(2)  [Section 34B Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 34B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 34B Subsection (2) amended by No. 4 of 1992, s. 5 ]A person shall not –

(a) [Section 34B Subsection (2) amended by No. 15 of 2014, s. 21, Applied:19 Dec 2014] assault, resist, intimidate, or wilfully obstruct a public officer or an emergency service worker in the execution of his duty, or lawfully performing a duty imposed on him by an Act, or in the exercise of a public duty or authority;

(b) threaten or use abusive language to any such person so acting; or

(c) instigate or incite a person to do any of the things mentioned in the foregoing provisions of this subsection.

(2A)  [Section 34B Subsection (2A) amended by No. 15 of 2014, s. 21, Applied:19 Dec 2014] [Section 34B Subsection (2A) amended by No. 77 of 2003, s. 5, Applied:15 Dec 2003] [Section 34B Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(3)  [Section 34B Subsection (3) amended by No. 44 of 1990, s. 225 and Sched. 3 ][Section 34B Subsection (3) amended by No. 4 of 1992, s. 5 ]A police officer may arrest without warrant any person committing an offence against subsection (1) or (2) (a) .

(4)  [Section 34B Subsection (4) substituted by No. 15 of 2014, s. 21, Applied:19 Dec 2014] In this section –

emergency service worker means  –

(a) a person employed or appointed under the Fire Service Act 1979 ; or

(b) a person employed or appointed under the Ambulance Service Act 1982 ; or

(c) an emergency management worker referred to in paragraph (a), (b), (c) or (d) of the definition of emergency management worker in section 3 of the Emergency Management Act 2006 ; or

(d) an emergency management worker referred to in paragraph (e) of the definition of emergency management worker in section 3 of the Emergency Management Act 2006 in relation to –

(i) an authorised use of emergency powers under section 40 of the Emergency Management Act 2006 ; or

(ii) a declared state of emergency under section 42 of the Emergency Management Act 2006 ;

public officer includes any person acting in good faith in the execution, or intended execution, of an Act or a public duty or authority.

PART III - Injuries to the Person

35.   Common assault and aggravated assault

(1)  [Section 35 Subsection (1) substituted by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully assault another person.

(1A)  [Section 35 Subsection (1A) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 20 penalty units or to imprisonment for a term not exceeding 12 months.

(1B)  [Section 35 Subsection (1B) inserted by No. 6 of 2017, s. 10, Applied:28 Apr 2017] If an offence against this section is committed in circumstances of aggravation, the offender is liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(2)  [Section 35 Subsection (2) amended by No. 49 of 2009, s. 8, Applied:12 Nov 2009] [Section 35 Subsection (2) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (2) amended by No. 59 of 1997, Applied:01 Aug 1998] [Section 35 Subsection (2) amended by No. 32 of 1963, s. 17 ][Section 35 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 35 Subsection (2) amended by No. 62 of 1965, s. 7 ][Section 35 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]Where any person is charged with having unlawfully assaulted any other person, the court, if it considers the assault is of an aggravated nature, may sentence the offender to pay a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(3)  [Section 35 Subsection (3) amended by No. 77 of 2003, s. 6, Applied:15 Dec 2003] [Section 35 Subsection (3) amended by No. 59 of 1997, Applied:01 Aug 1998] [Section 35 Subsection (3) inserted by No. 48 of 1951, s. 3 ][Section 35 Subsection (3) amended by No. 32 of 1963, s. 17 ][Section 35 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 35 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 35 Subsection (3) substituted by No. 49 of 2009, s. 8, Applied:12 Nov 2009] A person who with indecent intent assaults any other person is liable to a fine not exceeding 50 penalty units or to imprisonment for a term not exceeding 2 years.

(4)  [Section 35 Subsection (4) added by No. 48 of 1951, s. 3 ]If on a complaint under subsection (3) the court finds the assault proved but not the intent, it may amend the complaint to one under subsection (1) for the same assault and convict accordingly.

(5)  [Section 35 Subsection (5) amended by No. 15 of 2014, s. 22, Applied:19 Dec 2014] [Section 35 Subsection (5) inserted by No. 83 of 2001, s. 5, Applied:17 Dec 2001] A complaint made for the purposes of the Justices Act 1959 in relation to an offence against this section is to be made within 12 months after the date of the offence.

(6)  [Section 35 Subsection (6) inserted by No. 6 of 2017, s. 10, Applied:28 Apr 2017] In this section –

circumstances of aggravation, in relation to an offence against this section, means the offender committed the offence knowing that the victim of the offence was, at the time of the offence, pregnant.

35A.   Tattooing, body piercing and body modification

[Section 35A Inserted by No. 1 of 1985, s. 4 ][Section 35A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 35A Repealed by No. 86 of 2001, s. 13, Applied:17 Dec 2001] [Section 35A Inserted by No. 15 of 2014, s. 23, Applied:19 Dec 2014]

(1)  In this section –

body branding means the process by which a mark, symbol or pattern is, by burning or cauterising, applied to a person's skin;

body implantation means the implanting of an object beneath the skin;

body modification procedure means –

(a) tattooing; and

(b) body branding; and

(c) body implantation; and

(d) earlobe stretching; and

(e) tongue splitting; and

(f) body scarification; and

(g) any other procedure prescribed for the purposes of this paragraph;

body piercing means the piercing of part of a person's body to create one or more holes for the insertion of an object;

body scarification means the cutting of a person's skin to encourage the production of scar tissue;

genitalia includes surgically constructed genitalia;

guardian, of a youth, means a parent or legal guardian of the youth;

intimate body piercing means the piercing of a person's genitalia, anal region, perineum, nipples or uvula;

youth means a person who is less than 18 years of age.

(2)  This section does not apply to a body piercing or body modification procedure performed on a person if the procedure is performed –

(a) in the course of medical treatment; or

(b) for a medical or therapeutic purpose of a kind prescribed by the regulations.

(3)  A person must not perform a body modification procedure on a youth.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months.

(4)  A person must not perform –

(a) an intimate body piercing on a youth; or

(b) any other body piercing on a youth without the youth's guardian being present at the time of the body piercing being carried out.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months.

(5)  Subsection (4)(b) does not apply if the youth on whom the body piercing is to be performed is at least 16 years old.

(6)  It is a defence to a charge of an offence against subsection (3) or (4)(a) to prove that –

(a) the defendant, or some person acting on behalf of the defendant, required the youth to produce evidence in writing of his or her age; and

(b) the youth made a false statement, or produced false evidence, in response to that requirement; and

(c) in consequence, the defendant reasonably believed that the youth was of or above the requisite age.

(7)  It is a defence to a charge of an offence against subsection (4)(b) to prove that –

(a) the defendant, or some person acting on behalf of the defendant, required the youth, or another person, to produce evidence in writing of his or her age; or

(b) the youth, or another person, made a false statement, or produced false evidence, in response to that requirement; and

(c) in consequence, the defendant reasonably believed that the youth was of or above the requisite age.

(8)  A person who seeks to rely on the defence in subsection (6) or (7) must, in order to rely on the defence, produce the identifying details, or a copy, of the evidence offered at the time of the alleged offence.

36.   Injury by driving, &c.

(1)  [Section 36 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person in charge of any animal or vehicle shall not, by wanton or furious riding or driving or racing or other wilful misconduct or wilful neglect, cause any bodily harm to any other person.

(1A)  [Section 36 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 2 years.

(2)  [Section 36 Subsection (2) amended by No. 48 of 1960, s. 79 and Sched. 1 ][Section 36 Subsection (2) amended by No. 41 of 1961, s. 6 and Sched. 5 ][Section 36 Subsection (2) amended by No. 99 of 1982, s. 3 and Sched. 2 ]If, upon any person being charged with an offence under this section –

(a) such person, on his appearance to answer such charge, and not afterwards, elects to be tried on such charge by a jury; or

(b) the court before which such person is charged considers that the offence is of so serious a nature that it should be tried on indictment –

the offence shall be deemed to be a crime and shall be punishable on indictment under the Criminal Code accordingly, and the court shall proceed therein as provided by Part VII of the Justices Act 1959 .

(3)  In every such case as aforesaid, one of the justices shall inform the person so charged, upon his appearing to answer the charge, of his right to be tried by jury if he so desires.

PART IV - Injuries to Property

37.   Offences relating to property

(1)  [Section 37 Subsection (1) amended by No. 32 of 1963, s. 18 ][Section 37 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully destroy or injure any property.

(2)  [Section 37 Subsection (2) amended by No. 32 of 1963, s. 18 ][Section 37 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully and maliciously kill, maim, or wound any animal the property of any other person.

(2A)  [Section 37 Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units or to imprisonment for a term not exceeding 12 months.

(3)  [Section 37 Subsection (3) inserted by No. 71 of 1962, s. 8 ][Section 37 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (3) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 37 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not unlawfully remove, displace, deface, obliterate, or conceal any –

(a) boundary mark;

(b) beacon;

(c) survey mark;

(d) mark used in setting out any work;

(e) milestone or kilometre post;

(f) sign post; or

(g) notice –

set up or posted by or on behalf of a public authority.

(3A)  [Section 37 Subsection (3A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.

(4)  [Section 37 Subsection (4) added by No. 71 of 1962, s. 8 ][Section 37 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 37 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 37 Subsection (4) omitted by No. 15 of 2014, s. 24, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

(4A)  [Section 37 Subsection (4A) inserted by No. 86 of 2001, s. 14, Applied:17 Dec 2001] A person must not unlawfully damage or interfere with any work of a council or any material used or provided for that work.

(5)  [Section 37 Subsection (5) amended by No. 15 of 2014, s. 24, Applied:19 Dec 2014] [Section 37 Subsection (5) amended by No. 86 of 2001, s. 14, Applied:17 Dec 2001] [Section 37 Subsection (5) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (4A) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

(6)  [Section 37 Subsection (6) inserted by No. 15 of 2014, s. 24, Applied:19 Dec 2014] A complaint made for the purposes of the Justices Act 1959 in relation to an offence against subsection (2A) in relation to subsection (1) is to be made within 12 months after the date of the offence.

37AAA.   Interference with war memorials

[Section 37AAA Inserted by No. 15 of 2014, s. 25, Applied:19 Dec 2014]

(1)  A person must not interfere with a war memorial or a war memorial area.

Penalty:  Fine not exceeding 25 penalty units or imprisonment for a term not exceeding 12 months.

(2)  In this section –

interfere, with a war memorial, includes –

(a) destroy, damage, move or mark it; and

(b) otherwise deal with it in a way that is likely to cause offence to a reasonable person;

war memorial has the same meaning as in the Criminal Code ;

war memorial area has the same meaning as in the Criminal Code .

(3)  A complaint made for the purposes of the Justices Act 1959 in relation to an offence against subsection (1) is to be made within 12 months after the date of the offence.

37AA.   Unlawfully setting fire to property

[Section 37AA Inserted by No. 15 of 2014, s. 25, Applied:19 Dec 2014]

(1)  A person who unlawfully sets fire to any property, and the fire causes damage to any property not exceeding $5 000 in value, is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.

(2)  In subsection (1)  –

property includes all property and vegetation to which Chapter XXXI of Part VI of the Criminal Code applies.

(3)  A complaint made for the purposes of the Justices Act 1959 in relation to an offence against subsection (1) is to be made within 12 months after the date of the offence.

PART IVA - Offences Involving Vehicles

[Part IVA Heading amended by No. 104 of 2001, s. 4, Applied:01 Jan 2002] [Part IVA Inserted by No. 23 of 1973, s. 2 ]

Division 1 - [Division 1 of Part IVA Heading inserted by No. 29 of 2004, s. 8, Applied:23 Sep 2004] Motor vehicle stealing, &c.

37A.   Interpretation

[Section 37A Inserted by No. 23 of 1973, s. 2 ][Section 37A Amended by No. 99 of 1982, s. 3 and Sched. 2 ]In this Part, unless the contrary intention appears –

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Australian driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;

authorized officer has the same meaning as it has in the Traffic Act 1925 ;

court of summary jurisdiction means a court held by a magistrate sitting alone in petty session;

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000]

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] driver licence has the same meaning as in the Vehicle and Traffic Act 1999 ;

juvenile means a person who has not attained the age of 17 years;

[Section 37A Amended by No. 50 of 2009, s. 6, Applied:25 Nov 2009]

[Section 37A Amended by No. 50 of 2009, s. 6, Applied:25 Nov 2009] owner, when used in reference to a motor vehicle or trailer, means –

(a) a person registered in the record of motor vehicles and trailers kept in accordance with section 41 of the Vehicle and Traffic Act 1999 as the owner of the motor vehicle or trailer; or

(b) a person who is a joint owner or part owner of the motor vehicle or trailer –

and includes –

(c) any other person who has the use of the motor vehicle or trailer under a lease or hire-purchase agreement; and

(d) a person to whom the motor vehicle or trailer has been sold or otherwise disposed of by a previous registered owner who has complied with the relevant provisions of the Vehicle and Traffic Act 1999 ; and

(e) a person who a police officer reasonably believes is the owner of the motor vehicle or trailer;

[Section 37A Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] registered operator has the same meaning as in the Vehicle and Traffic Act 1999 .

37B.   Motor vehicle stealing

[Section 37B Inserted by No. 23 of 1973, s. 2 ]

(1)  [Section 37B Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Subject to subsection (2) , a person who drives or uses a motor vehicle without the consent of the owner or registered operator of the vehicle or of some person who is lawfully in charge of the vehicle and has authority to give that consent is guilty of the offence of motor vehicle stealing.

(2)  Subsection (1) does not apply to or in relation to the driving or use of a motor vehicle by a police officer or an authorized officer acting in the execution of his duty.

(3)  [Section 37B Subsection (3) inserted by No. 10 of 1998, s. 4, Applied:22 May 1998] A complaint made for the purposes of the Justices Act 1959 in relation to an offence under this section is to be made within 12 months after the date of the offence.

(4)  [Section 37B Subsection (4) inserted by No. 86 of 2001, s. 15, Applied:17 Dec 2001] If the court before which a person is charged with an offence under this section considers that the offence is so serious that it should be tried on indictment –

(a) the offence is taken to be a crime under the Criminal Code; and

(b) the court is to proceed under Part VII of the Justices Act 1959 .

37C.   Procuring the hire or use of a motor vehicle by fraud, &c.

[Section 37C Inserted by No. 23 of 1973, s. 2 ][Section 37C Amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not procure the hire or use of a motor vehicle by means of fraud or misrepresentation.

37D.   Summary prosecution of offenders

[Section 37D Inserted by No. 23 of 1973, s. 2 ]Notwithstanding any other law or rule of law in force or having effect in the State –

(a) proceedings for an offence under section 37B or section 37C may be taken summarily and a person who is convicted in any such proceedings may be dealt with in accordance with the provisions of this Part; and

(b) a court of summary jurisdiction has jurisdiction to hear and determine any such proceedings and impose such penalties as are prescribed in this Part.

37E.   Penalty

[Section 37E Inserted by No. 23 of 1973, s. 2 ][Section 37E Amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person who is convicted of an offence under section 37B or section 37C is liable to a penalty not exceeding 50 penalty units or to imprisonment for a term not exceeding 3 years.

37F.   Disqualification from driving

[Section 37F Inserted by No. 23 of 1973, s. 2 ]

(1)  [Section 37F Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Subject to subsection (4) , where a person (not being a juvenile) is convicted of an offence under section 37B or section 37C , the court by which he is convicted may, in addition to any other penalty it imposes on him, order him to be disqualified from driving for such period as the court may determine.

(2)  [Section 37F Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Subject to subsection (3) , where a juvenile is convicted of an offence under section 37B or section 37C , the court by which he is convicted shall, in addition to any other penalty it imposes on him, order him to be disqualified from driving for such period as the court may determine.

(3)  [Section 37F Subsection (3) amended by No. 27 of 2013, s. 55, Applied:01 Mar 2014] [Section 37F Subsection (3) substituted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] The period determined by a court under subsection (2) must be a period that begins after the juvenile attains the age at which he or she would, but for the disqualification, become eligible to hold a driver licence under the Vehicle and Traffic Act 1999 .

(4)  [Section 37F Subsection (4) amended by No. 86 of 2001, s. 16, Applied:17 Dec 2001] [Section 37F Subsection (4) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 37F Subsection (4) amended by No. 93 of 1986, s. 11 ]Where a person (whether a juvenile or not) is convicted of an offence under section 37B or section 37C and a compensation order is made against the person under section 98 of the Youth Justice Act 1997 or section 68 of the Sentencing Act 1997 , the court by which he is convicted shall disqualify that person from driving until that person has paid in full the sum specified in that order.

(5)  [Section 37F Subsection (5) inserted by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person against whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .

(6)  [Section 37F Subsection (6) inserted by No. 27 of 2013, s. 55, Applied:01 Mar 2014] A court may, on the application of a person who is disqualified from driving under subsection (2) for a period beginning before he or she has obtained a driver's licence, revoke the disqualification.

(7)  [Section 37F Subsection (7) inserted by No. 27 of 2013, s. 55, Applied:01 Mar 2014] The court may, under subsection (6) , only revoke a disqualification if it is of the opinion that there is sufficient evidence of the rehabilitation of the applicant.

(8)  [Section 37F Subsection (8) inserted by No. 27 of 2013, s. 55, Applied:01 Mar 2014] Without limiting subsection (7) , a court may consider that there is sufficient evidence of the rehabilitation of the applicant if the applicant has not committed an offence during the period of the disqualification.

37G.   Requirement of owner or registered operator to provide details

[Section 37G Repealed by No. 93 of 1986, s. 12 ][Section 37G Inserted by No. 50 of 2009, s. 7, Applied:25 Nov 2009]

(1)  Where a person is alleged to have committed an offence against any State or Commonwealth legislation as the driver or an occupant of a motor vehicle, the owner or registered operator of the motor vehicle, on demand by a police officer, must give to the officer all such information as the officer requires as to the identity and whereabouts of the driver or any occupant of the vehicle at any time relevant to the charge.

Penalty:  [Section 37G Subsection (1) amended by No. 20 of 2017, s. 7, Applied:13 Sep 2017] Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  A demand for information may be made orally or by a notice of demand served in accordance with section 37GA .

(3)  If a demand is made orally, a police officer is to serve a notice of demand in accordance with section 37GA as soon as practicable after making the demand.

(4)  [Section 37G Subsection (4) substituted by No. 20 of 2017, s. 7, Applied:13 Sep 2017] It is a defence in proceedings for an offence under subsection (1) , if the owner or registered operator establishes that he or she has taken all reasonable steps to ascertain the information required under that subsection but has been unable to ascertain the information.

37GA.   Notice of demand

[Section 37GA Inserted by No. 50 of 2009, s. 7, Applied:25 Nov 2009]

(1)  A police officer may serve a notice of demand on the owner or registered operator of a motor vehicle if the police officer is satisfied that the driver or an occupant of that motor vehicle has committed an offence.

(2)  A notice of demand is to –

(a) indicate the offence to which it relates; and

(b) specify the registration number of the motor vehicle that was involved in the offence; and

(c) specify that the owner or registered operator is to provide to a police officer, within 7 days after the owner or registered operator is served with the notice, a statutory declaration stating –

(i) the name, address and, if known, the date of birth and driver licence number of the driver or occupant of the motor vehicle at the time the offence was committed; or

(ii) if the owner or registered operator does not know the details referred to in subparagraph (i)  –

(A) any information that may lead to the identification of the driver or occupant of the motor vehicle; or

(B) the reasonable steps that the owner or registered operator has taken to obtain such information.

(3)  An owner or registered operator must comply with the notice of demand.

Penalty:  Fine not exceeding 50 penalty units.

37GB.   Statutory declaration naming driver or occupant of vehicle

[Section 37GB Inserted by No. 50 of 2009, s. 7, Applied:25 Nov 2009] A statutory declaration provided under section 37GA(2)(c) and naming the driver or an occupant of the motor vehicle at the time of the offence is prima facie evidence that the person so named was the driver or an occupant of the motor vehicle at that time.

37H.   Application of section 18 of the Vehicle and Traffic Act 1999

[Section 37H Substituted by No. 96 of 1976, s. 15 and Sched. II ][Section 37H Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] Section 18 of the Vehicle and Traffic Act 1999 applies to the conviction of a person for an offence under section 37B or section 37C as it would apply if that offence were an offence under that Act.

37I.   Tampering with vehicles

[Section 37I Inserted by No. 104 of 2001, s. 5, Applied:01 Jan 2002] [Section 37I Substituted by No. 15 of 2014, s. 26, Applied:19 Dec 2014]

(1)  A person must not unlawfully tamper or interfere with a motor vehicle or trailer.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a police officer has reasonable grounds to believe that a person is contravening or has contravened subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –

(a) detain and search that person; and

(b) seize any tools, equipment or materials found on that person that the police officer believes may have been used in the commission of the offence.

(3)  On conviction of a person of an offence against subsection (1) , any tools, equipment or materials seized under subsection (2)(b) are forfeited to the Crown.

37J.   Excessive noise, smoke, &c., from vehicles

[Section 37J Inserted by No. 29 of 2004, s. 9, Applied:23 Sep 2004]

(1)  A person must not, unless otherwise authorised under this or any other Act, operate or control a vehicle in a public place –

(a) in a manner that makes or emits unnecessary and unreasonable noise; or

(b) [Section 37J Subsection (1) amended by No. 15 of 2014, s. 27, Applied:19 Dec 2014] in an unnecessary execution of speed, acceleration or sustained loss of traction; or

(c) in a race against another vehicle.

Penalty:  Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months, or both.

(2)  A court that convicts a person of an offence under subsection (1) may, in addition to the penalty specified in that subsection, disqualify the person from driving for a period not exceeding 2 years.

(3)  When a court imposes a disqualification from driving under this section, it must suspend or cancel any Australian driver licence held by the person on whom the disqualification is imposed as required by section 17 of the Vehicle and Traffic Act 1999 .

37JA.   Use of spotlights on vehicles on public streets

[Section 37JA Inserted by No. 43 of 2007, s. 60, Applied:13 Nov 2007]

(1)  A person must not, while a vehicle is on a public street, use or allow another person to use a lit spotlight that is affixed to or being carried on the vehicle unless –

(a) [Section 37JA Subsection (1) amended by No. 62 of 2009, s. 5, Applied:11 Dec 2009] the vehicle is stationary and the spotlight is being used solely for the purposes of inspecting or repairing a vehicle or its engine, if any; or

(b) the spotlight is being used solely to illuminate street signs or street numbers in order to locate an address; or

(c) the spotlight is being used solely for the purposes of legitimate infrastructure work.

Penalty:  Fine not exceeding 20 penalty units.

(2)  For the purposes of subsection (1) , a spotlight is to be taken as being carried on a vehicle if the spotlight is connected up, by any means, to a battery, generator or other source of power being carried on –

(a) the vehicle; or

(b) another vehicle to which the first-mentioned vehicle is connected.

(3)  To avoid doubt, this section does not apply to the use of lit spotlights by any of the following persons acting in the course of their duty:

(a) members of the Police Service;

(b) [Section 37JA Subsection (3) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014] officers of the Ambulance Service under the Ambulance Service Act 1982 ;

(c) members of the Tasmania Fire Service established under the Fire Service Act 1979 ;

(d) members of the State Emergency Service within the meaning of the Emergency Management Act 2006 ;

(e) prescribed persons.

(4)  In this section –

legitimate infrastructure work means the inspection, maintenance and repair of traffic-related, electricity, gas, water or other infrastructure by or on behalf of the entity responsible for the maintenance and safety of that infrastructure;

on, a vehicle, includes inside a vehicle;

repairing, a vehicle, includes changing a tyre on the vehicle;

spotlight includes searchlight.

Division 2 - Confiscation and clamping of vehicles for certain offences

[Division 2 of Part IVA Heading amended by No. 62 of 2009, s. 6, Applied:11 Dec 2009]

Subdivision 1 - Preliminary

[Subdivision 1 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37K.   Interpretation of Division

[Section 37K Substituted by No. 43 of 2007, Applied:13 Nov 2007]

(1)  In this Division, unless the contrary intention appears –

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] authorised period, of clamping or confiscation, means the period for which a vehicle may lawfully be clamped or confiscated under this Division;

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] clamp, a vehicle, means immobilise the vehicle by means of a clamping device (and "clamped" has a corresponding meaning);

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] clamped vehicle means a vehicle clamped under section 37N ;

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] clamping device means –

(a) a wheel clamp, steering wheel clamp or other mechanical device for rendering a vehicle immobile; or

(b) an electronic device for rendering a vehicle immobile;

[Section 37K Subsection (1) amended by No. 15 of 2014, s. 28, Applied:19 Dec 2014] confiscated vehicle means a vehicle and its keys confiscated under section 37N(1) ;

Court means the Magistrates Court;

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009]

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] [Section 37K Subsection (1) amended by No. 15 of 2014, s. 28, Applied:19 Dec 2014] forfeiture order means an order, under section 37Y , for the forfeiture of a vehicle and its keys to the Crown;

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] key, to a clamping device, includes, in the case of an electronic clamping device, an electronic key;

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] notice, of clamping or confiscation, means notice under section 37T ;

[Section 37K Subsection (1) amended by No. 62 of 2009, s. 7, Applied:11 Dec 2009] offending driver – see section 37T(1)(a) ;

[Section 37K Subsection (1) amended by No. 50 of 2009, s. 8, Applied:25 Nov 2009]

[Section 37K Subsection (1) amended by No. 50 of 2009, s. 8, Applied:25 Nov 2009] prescribed offence means an offence –

(a) against section 14B involving the use of a vehicle, vessel or aircraft; or

(b) against section 15B involving the use of a vehicle; or

(c) against section 37J ; or

(d) against section 48 ; or

(e) against section 32 of the Traffic Act 1925 ; or

(f) against section 11A of the Police Powers (Vehicle Interception) Act 2000 ; or

(g) that is prescribed by the regulations for the purposes of this Division.

(2)  [Section 37K Subsection (2) substituted by No. 50 of 2009, s. 8, Applied:25 Nov 2009] In the application of this Division to the offence referred to in paragraph (a) of the definition of prescribed offence in subsection (1)  –

vehicle includes vessel and aircraft.

37L.   Application of Division

(1)  This Division applies where a police officer reasonably believes a person is committing, or has committed, a prescribed offence.

(2)  A reference in this Division to a prescribed offence is a reference to a prescribed offence committed after the commencement of this Division.

(3)  [Section 37L Subsection (3) amended by No. 77 of 2009, Sched. 1, Applied:01 Jul 2010] Nothing in this Division, except for section 37Y(3) , affects the rights of a creditor under the National Credit Code as set out in Schedule 1 to the National Consumer Credit Protection Act 2009 of the Commonwealth.

37M.   Punishment under Division additional to other punishment

The confiscation or forfeiture of a vehicle or the imposition of a period of community service on a person under this Division arising out of the commission of a prescribed offence is in addition to any other penalty that may be imposed on the person for the prescribed offence.

37MA.   Special compulsory penalty for prescribed offences

[Section 37MA Inserted by No. 62 of 2009, s. 8, Applied:11 Dec 2009]

(1)  [Section 37MA Subsection (1) substituted by No. 45 of 2010, s. 5, Applied:21 Dec 2010] A court that convicts a person of a prescribed offence involving a vehicle must, if the vehicle was clamped or confiscated under this Division in connection with the prescribed offence, order the person to pay a special compulsory penalty.

(2)  The special compulsory penalty does not displace the penalty specifically prescribed elsewhere for the prescribed offence.

(3)  The order to pay a special compulsory penalty is to be in addition to any other sentencing order the court may make in respect of the person for the prescribed offence, and the court must not take the person's liability to pay the special compulsory penalty into account in determining that other sentencing order.

(4)  This section has effect notwithstanding anything to the contrary in the Sentencing Act 1997 .

(5)  In this section –

special compulsory penalty means a fine of exactly such amount as the regulations prescribe for the purposes of this section.

Subdivision 2 - Clamping and confiscation of vehicles

[Subdivision 2 of Division 2 of Part IVA Heading amended by No. 62 of 2009, s. 9, Applied:11 Dec 2009] [Subdivision 2 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37N.   Clamping and confiscation of vehicles

(1)  [Section 37N Subsection (1) substituted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] [Section 37N Subsection (1) substituted by No. 62 of 2009, s. 10, Applied:11 Dec 2009] A police officer who finds a person committing a prescribed offence involving a vehicle may –

(a) clamp the vehicle; or

(b) [Section 37N Subsection (1) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014] confiscate the vehicle and its keys and have it moved to a holding yard and held in accordance with this Division.

(2)  [Section 37N Subsection (2) amended by No. 20 of 2017, s. 8, Applied:13 Sep 2017] [Section 37N Subsection (2) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014] [Section 37N Subsection (2) amended by No. 50 of 2009, s. 9, Applied:25 Nov 2009] [Section 37N Subsection (2) substituted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] [Section 37N Subsection (2) substituted by No. 62 of 2009, s. 10, Applied:11 Dec 2009] Where a police officer finds a person committing a prescribed offence involving a vehicle and does not clamp or confiscate the vehicle and its keys at the time ("time of offence"), the vehicle may be clamped or confiscated and its keys confiscated by a police officer at any time during the 90-day period immediately following the time of offence.

(3)  [Section 37N Subsection (3) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009] For the purpose of clamping or confiscating a vehicle, a police officer may –

(a) direct the person in control of the vehicle to stop the vehicle and keep it stationary for as long as the officer reasonably requires; and

(b) direct the person in control of the vehicle, or in possession of the keys or any other thing necessary to enable the vehicle to be moved, to give the keys or other thing to the police officer; and

(c) enter the vehicle, with the use of reasonable force if necessary; and

(d) [Section 37N Subsection (3) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009] [Section 37N Subsection (3) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014] give any other direction or take any other action reasonably necessary for clamping or confiscating the vehicle and its keys.

(3A)  [Section 37N Subsection (3A) inserted by No. 62 of 2009, s. 10, Applied:11 Dec 2009] Without limiting subsection (3)(d) in its application to clamping, a police officer may, under that subsection, direct the person in control of the vehicle to ensure that the vehicle is available at a specified time and place so that it can be clamped at that time and place as provided by subsection (2) .

(4)  A police officer is to move a confiscated vehicle, or arrange for it to be moved, to a holding yard in any way that the police officer considers appropriate.

(5)  [Section 37N Subsection (5) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009] A person who contravenes or fails to comply with a direction given under subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding 40 penalty units.

(6)  [Section 37N Subsection (6) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014] [Section 37N Subsection (6) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009] [Section 37N Subsection (6) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] A police officer may, without warrant and using such reasonable force, means and assistance as is necessary, enter any place where the police officer reasonably suspects that a vehicle used in the commission of a prescribed offence may be located and –

(a) [Section 37N Subsection (6) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009] clamp the vehicle; or

(b) [Section 37N Subsection (6) amended by No. 62 of 2009, s. 10, Applied:11 Dec 2009] [Section 37N Subsection (6) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014] confiscate the vehicle and its keys and have it moved to a holding yard and held in accordance with this Division.

(7)  [Section 37N Subsection (7) amended by No. 20 of 2017, s. 8, Applied:13 Sep 2017] [Section 37N Subsection (7) amended by No. 50 of 2009, s. 9, Applied:25 Nov 2009] [Section 37N Subsection (7) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] A police officer may only exercise the authority conferred by subsection (6) within 90 days after the commission of the prescribed offence.

(8)  [Section 37N Subsection (8) amended by No. 15 of 2014, s. 29, Applied:19 Dec 2014] [Section 37N Subsection (8) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] The owner, registered operator or person having charge of a vehicle that has been found by a police officer to have been used in the commission of a prescribed offence must, on the demand of any police officer, take that vehicle and its keys to a place specified by the police officer.

(9)  [Section 37N Subsection (9) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] Where a vehicle has been taken to a place specified by a police officer, it is to be held in accordance with this Division.

(10)  [Section 37N Subsection (10) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] Where a vehicle has been taken to a place specified by a police officer that is not a holding yard, it may be taken to a holding yard and held in accordance with this Division.

(11)  [Section 37N Subsection (11) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] Where any person is alleged to have committed a prescribed offence as the driver of any vehicle –

(a) the owner or registered operator of the vehicle, on demand by any police officer, must give to the police officer all such information as the police officer may require as to the identity and whereabouts of the driver of the vehicle at any time relevant to the charge; and

(b) if any information so required is not known to the owner or registered operator, he or she must as soon as possible with all reasonable diligence (proof of which lies on that person) take steps to obtain the information, and must report to the police officer within 7 days, or sooner if practicable, the result of the steps so taken; and

(c) upon demand being made to any person by a police officer for any information within the person's knowledge as to the identity of the driver of the vehicle, or as to any fact which may lead to the identification of the driver, the person must give the information to the police officer.

(12)  [Section 37N Subsection (12) inserted by No. 39 of 2007, s. 9, Applied:21 Nov 2007] If any person fails to comply with subsection (8) or any of the requirements of subsection (11) he or she is guilty of an offence.

Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 12 months, or both.

37O.   Period of clamping or confiscation for first prescribed offence

[Section 37O Amended by No. 39 of 2007, s. 10, Applied:21 Nov 2007] [Section 37O Substituted by No. 50 of 2009, s. 10, Applied:09 Dec 2009] [Section 37O Substituted by No. 62 of 2009, s. 11, Applied:11 Dec 2009]

(1)  This section applies if –

(a) a police officer finds a person offending in respect of a prescribed offence; and

(b) [Section 37O Subsection (1) amended by No. 15 of 2014, s. 30, Applied:19 Dec 2014] the person has not previously been proceeded against by way of complaint under the Justices Act 1959 in respect of a prescribed offence.

(2)  The vehicle used in connection with the prescribed offence may be clamped or confiscated for a period of –

(a) 7 days if the prescribed offence is an offence against section 14B or 15B ; or

(ab) [Section 37O Subsection (2) amended by No. 20 of 2017, s. 9, Applied:13 Sep 2017] 6 months if the prescribed offence is an offence against section 11A(2A) of the Police Powers (Vehicle Interception) Act 2000 ; or

(b) 28 days in the case of any other prescribed offence.

37P.   Period of clamping or confiscation for second prescribed offence

[Section 37P Amended by No. 39 of 2007, s. 11, Applied:21 Nov 2007] [Section 37P Substituted by No. 62 of 2009, s. 11, Applied:11 Dec 2009]

(1)  This section applies if –

(a) a police officer finds a person offending in respect of a prescribed offence (referred to in this section as "the new prescribed offence"); and

(b) [Section 37P Subsection (1) amended by No. 15 of 2014, s. 31, Applied:19 Dec 2014] the person has previously been proceeded against by way of complaint under the Justices Act 1959 in respect of a prescribed offence on one occasion.

(2)  [Section 37P Subsection (2) amended by No. 20 of 2017, s. 10, Applied:13 Sep 2017] Subject to subsection (3) , the vehicle used in connection with the new prescribed offence may be clamped or confiscated for a period of 3 months unless otherwise extended under section 37T(3)(b) .

(3)  [Section 37P Subsection (3) inserted by No. 20 of 2017, s. 10, Applied:13 Sep 2017] If –

(a) the new prescribed offence is an offence under section 11A(2A) of the Police Powers (Vehicle Interception) Act 2000 ; and

(b) the prescribed offence that the person has previously been proceeded against was also under that subsection –

the vehicle used in connection with the new prescribed offence is to be clamped or confiscated for a period of 12 months unless otherwise extended under section 37T(3)(b) .

37Q.   Period of clamping or confiscation for third or subsequent prescribed offence

[Section 37Q Amended by No. 39 of 2007, s. 12, Applied:21 Nov 2007] [Section 37Q Substituted by No. 62 of 2009, s. 11, Applied:11 Dec 2009]

(1)  This section applies if –

(a) a police officer finds a person offending in respect of a prescribed offence (referred to in this section as "the new prescribed offence"); and

(b) [Section 37Q Subsection (1) amended by No. 15 of 2014, s. 32, Applied:19 Dec 2014] the person has previously been proceeded against by way of complaint under the Justices Act 1959 in respect of a prescribed offence on 2 or more occasions.

(2)  [Section 37Q Subsection (2) amended by No. 20 of 2017, s. 11, Applied:13 Sep 2017] [Section 37Q Subsection (2) substituted by No. 15 of 2014, s. 32, Applied:19 Dec 2014] Subject to subsection (3) , the vehicle used in connection with the new prescribed offence may be clamped or confiscated until –

(a) the resolution of all existing charges against the person for those prescribed offences; and

(b) the determination of any forfeiture order made to the Court under section 37Y .

(3)  [Section 37Q Subsection (3) inserted by No. 20 of 2017, s. 11, Applied:13 Sep 2017] If the new prescribed offence is an offence under section 11A of the Police Powers (Vehicle Interception) Act 2000  –

(a) the vehicle used in connection with the new prescribed offence is to be clamped or confiscated until the resolution of all existing charges against the person for the new prescribed offence; and

(b) if the person –

(i) is found guilty of the new prescribed offence; and

(ii) has previously been proceeded against by way of complaint under the Justices Act 1959 in respect of 2 or more offences under section 11A of the Police Powers (Vehicle Interception) Act 2000  –

the vehicle used in connection with the new prescribed offence is forfeited to the Crown and the Commissioner may sell or dispose of the vehicle, and anything in or on it, in a way the Commissioner considers appropriate.

(4)  [Section 37Q Subsection (4) inserted by No. 20 of 2017, s. 11, Applied:13 Sep 2017] Subdivisions 3 and 5 do not apply in respect of a vehicle forfeited to the Crown by virtue of subsection (3)(b) .

37QA.   Period of clamping or confiscation for evasion vehicle

[Section 37QA Inserted by No. 20 of 2017, s. 12, Applied:13 Sep 2017]

(1)  This section applies if a police officer reasonably believes that a vehicle has been used in respect of section 11A of the Police Powers (Vehicle Interception) Act 2000 (referred to in this section as the evasion offence).

(2)  The vehicle used in connection with the evasion offence may be clamped or confiscated until the first of the following occurs:

(a) the driver of the vehicle at the time of the evasion offence is identified;

(b) an application made under section 37QB in respect of the vehicle has been determined;

(c) a period of 9 months has elapsed since the vehicle was clamped or confiscated under this section and an application has not been made under section 37QB in respect of the vehicle.

(3)  If the driver of the vehicle at the time of the evasion offence has not been identified and a period of 6 months has elapsed since the vehicle was clamped or confiscated under this section, a police officer may apply to the Court for the vehicle to be forfeited to the Crown in accordance with section 37QB .

(4)  Nothing in this section prevents the operation of this Part in respect of a person or a vehicle if –

(a) the person is the driver of the vehicle at the time of the evasion offence; and

(b) section 37O , 37P or 37Q applies in respect of the person and the evasion offence.

(5)  Subdivisions 3 and 5 do not apply in respect of a vehicle to which this section applies.

37QB.   Evasion vehicle may be forfeited

[Section 37QB Inserted by No. 20 of 2017, s. 12, Applied:13 Sep 2017]

(1)  In this section –

evasion offence has the same meaning as in section 37QA ;

affected vehicle means a vehicle to which section 37QA(3) applies.

(2)  A police officer may apply to the Court for an affected vehicle to be forfeited to the Crown if –

(a) the driver of the affected vehicle at the time of the evasion offence has not been identified; and

(b) a period of 6 months has elapsed since the vehicle was clamped or confiscated under section 37QA .

(3)  If the Court is satisfied that the driver of the affected vehicle at the time of the evasion offence has not been identified, the Court may make an order forfeiting the affected vehicle to the Crown.

(4)  If the Court makes an order under subsection (4)  –

(a) the affected vehicle becomes the property of the Crown; and

(b) any right of a person to enforce a charge or other security interest registered under the Personal Property Securities Act 2009 of the Commonwealth against a person other than the State, by taking possession of the affected vehicle, is extinguished.

(5)  An order under subsection (4) may be applied for even though the value of the affected vehicle may be more than the monetary jurisdiction of the Court.

(6)  Before an application for an order under subsection (4) has been determined, the owner or registered operator of the relevant affected vehicle may make a submission to the Court in respect of the application that the vehicle should not be forfeited under the order as the owner or registered operator has provided all such information that he or she has as to the whereabouts of the driver of the affected vehicle at the time of the evasion offence.

(7)  When determining an application for an order under subsection (4) , the Court is to take into account all submissions made under subsection (6) in respect of the application.

(8)  Subdivisions 3 , 4 and 5 do not apply in respect of a vehicle forfeited to the Crown by virtue of this section.

37R.   Transportation of vehicle to holding yard

(1)  A police officer may arrange for a confiscated vehicle to be driven or transported to a holding yard.

(2)  A person responsible for driving or transporting a confiscated vehicle must drive or transport the vehicle –

(a) directly to a particular holding yard, if so directed by a police officer; or

(b) if no such direction is given, directly to the holding yard to which the person usually transports confiscated vehicles.

Penalty:  [Section 37R Subsection (2) amended by No. 62 of 2009, s. 12, Applied:11 Dec 2009] Fine not exceeding 40 penalty units.

37S.   Unlawful interference with, or removal of, confiscated vehicle

(1)  A person must not unlawfully interfere with a confiscated vehicle, or take a confiscated vehicle from the person responsible for driving or transporting it to a holding yard.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not unlawfully remove a confiscated vehicle from a holding yard.

Penalty:  Fine not exceeding 40 penalty units.

(3)  If there is a contravention of subsection (1) , or a confiscated vehicle is unlawfully removed from a holding yard, a police officer may seize and move the vehicle to a holding yard.

(4)  [Section 37S Subsection (4) amended by No. 62 of 2009, s. 13, Applied:11 Dec 2009] For the purposes of subsection (3) , a police officer may, without warrant and using such reasonable force, means and assistance as is necessary, enter any place where the police officer reasonably suspects that the vehicle may be located.

37SA.   Unlawful interference with clamped vehicle, &c.

[Section 37SA Inserted by No. 62 of 2009, s. 14, Applied:11 Dec 2009]

(1)  This section applies if a vehicle has been clamped by a police officer under this Division.

(2)  A person must not unlawfully drive or attempt to drive the clamped vehicle.

Penalty:  Fine not exceeding 40 penalty units.

(3)  A person must not unlawfully –

(a) interfere with the clamping device; or

(b) paint or mark the clamping device; or

(c) damage the clamping device; or

(d) destroy the clamping device; or

(e) release or attempt to release the clamping device; or

(f) remove or attempt to remove the clamping device from the vehicle.

Penalty:  Fine not exceeding 40 penalty units.

(4)  [Section 37SA Subsection (4) amended by No. 15 of 2014, s. 33, Applied:19 Dec 2014] If there is a contravention of subsection (2) or (3) , a police officer may seize the vehicle and have it moved to a holding yard.

(5)  For the purposes of subsection (4) , a police officer may, without warrant and using such reasonable force, means and assistance as is necessary, enter any place where the police officer reasonably suspects that the vehicle may be located.

(6)  [Section 37SA Subsection (6) inserted by No. 15 of 2014, s. 33, Applied:19 Dec 2014] The owner of a clamped vehicle may arrange for the vehicle to be transported to another location.

(7)  [Section 37SA Subsection (7) inserted by No. 15 of 2014, s. 33, Applied:19 Dec 2014] If a clamped vehicle is transported to another location, the owner of the vehicle must notify a police officer, within 3 days after the day on which it is transported to the other location, of the new location of the vehicle.

Penalty:  Fine not exceeding 10 penalty units.

37T.   Notice of clamping or confiscation to be given

(1)  [Section 37T Subsection (1) amended by No. 62 of 2009, s. 15, Applied:11 Dec 2009] As soon as reasonably practicable after a vehicle is clamped or confiscated, a police officer is to give written notice of its clamping or confiscation to –

(a) [Section 37T Subsection (1) amended by No. 62 of 2009, s. 15, Applied:11 Dec 2009] the person in control of the vehicle at the time of the relevant prescribed offence ("the offending driver"); and

(b) any registered operator of the vehicle who can be ascertained after reasonable inquiry; and

(c) any owner of the vehicle who can be ascertained after reasonable inquiry.

(2)  [Section 37T Subsection (2) amended by No. 20 of 2017, s. 13, Applied:13 Sep 2017] The notice is to include the information required under section 37U , 37V or 37VA .

(3)  [Section 37T Subsection (3) inserted by No. 15 of 2014, s. 34, Applied:19 Dec 2014] A police officer may amend a notice given under subsection (1) by changing the authorised period for which a vehicle is clamped or confiscated –

(a) [Section 37T Subsection (3) amended by No. 20 of 2017, s. 13, Applied:13 Sep 2017] in relation to a first prescribed offence, to a period not exceeding the period specified in section 37P in respect of the offence; and

(b) in relation to a second prescribed offence, until the resolution of all existing charges against the person for the prescribed offences and the determination of any forfeiture order made to the Court under section 37Y .

(4)  [Section 37T Subsection (4) inserted by No. 15 of 2014, s. 34, Applied:19 Dec 2014] A police officer is to give the amended notice to the owner of the vehicle within 14 days of the date on which the notice was amended.

37U.   Content of notice for first offence

[Section 37U Amended by No. 50 of 2009, s. 11, Applied:25 Nov 2009] [Section 37U Substituted by No. 62 of 2009, s. 16, Applied:11 Dec 2009] A notice of clamping or confiscation where a person has committed, or has been charged with committing, a first prescribed offence is to include the following:

(a) a statement that the vehicle is clamped or confiscated for the authorised period of clamping and confiscation (which period must be specified) and that it will not be sooner unclamped or released without the order of the Court or the written authority of a police officer of or above the rank of inspector;

(b) directions as to how the clamped or confiscated vehicle may be unclamped or recovered;

(c) in the case of a clamping –

(i) a statement that, before the vehicle may be unclamped, the person seeking to have it unclamped will be required to produce to a police officer satisfactory evidence of identity; and

(ii) notice of the offences (and penalties) under section 37SA(2) and (3) ;

(d) in the case of a confiscation –

(i) a statement that, before the vehicle may be recovered, the person seeking to recover it will be required to –

(A) produce to the person responsible for the holding yard satisfactory evidence of identity and, if applicable, written authority from the owner or registered operator of the vehicle to collect it; and

(B) pay the costs of moving the vehicle to, keeping the vehicle in and releasing the vehicle from the holding yard; and

(ii) notice of the offences (and penalties) under section 37S(1) and (2) .

37V.   Content of notice for second or subsequent offence

[Section 37V Amended by No. 62 of 2009, s. 17, Applied:11 Dec 2009] A notice of clamping or confiscation where a person has committed, or been charged with committing, a second or subsequent prescribed offence is to state the following:

(a) [Section 37V Amended by No. 62 of 2009, s. 17, Applied:11 Dec 2009] the authorised period of clamping or confiscation;

(b) that an application may be made to the Court by a police officer for the forfeiture of the vehicle;

(c) [Section 37V Amended by No. 62 of 2009, s. 17, Applied:11 Dec 2009] that the offending driver or the registered operator or owner may apply to the Court, at any time before the application is heard and determined, for the unclamping or return of the vehicle until the application is heard and determined;

(d) [Section 37V Amended by No. 62 of 2009, s. 17, Applied:11 Dec 2009] that, in support of an application under paragraph (c) , the registered operator or owner may be required to produce satisfactory evidence as to the ownership of the vehicle;

(e) [Section 37V Amended by No. 62 of 2009, s. 17, Applied:11 Dec 2009] that, if the vehicle is unclamped or returned under paragraph (c) , the Court may impose conditions on its unclamping or return;

(f) [Section 37V Amended by No. 62 of 2009, s. 17, Applied:11 Dec 2009] in the case of a clamping –

(i) a statement that, before the vehicle may be unclamped, the person seeking to have it unclamped will be required to produce to a police officer satisfactory evidence of identity; and

(ii) notice of the offences (and penalties) under section 37SA(2) and (3) ;

(g) [Section 37V Amended by No. 62 of 2009, s. 17, Applied:11 Dec 2009] in the case of a confiscation –

(i) a statement that, before the vehicle may be recovered, the person seeking to recover it will be required to –

(A) produce to the person responsible for the holding yard satisfactory evidence of identity and, if applicable, written authority from the owner or registered operator of the vehicle to collect it; and

(B) pay the costs of moving the vehicle to, keeping the vehicle in and releasing the vehicle from the holding yard; and

(ii) notice of the offences (and penalties) under section 37S(1) and (2) .

37VA.   Content of notice for evasion offence

[Section 37VA Inserted by No. 20 of 2017, s. 14, Applied:13 Sep 2017] A notice of clamping or confiscation in respect of a vehicle clamped or confiscated under section 37QA is to state the following:

(a) the authorised period of clamping or confiscation;

(b) that each owner and registered operator of the vehicle is required to provide all such information that he or she has as to the whereabouts of the driver of the vehicle at the time of the offence in respect of which the car has been clamped or confiscated;

(c) that an application may be made to the Court under section 37QB for an order for the forfeiture of the vehicle if the driver of the vehicle is not identified;

(d) that the owner or registered operator of the vehicle may, at any time before an application under section 37QB is heard and determined in respect of the vehicle, make a submission that the vehicle should not be forfeited under that section;

(e) in the case of a clamping –

(i) that, before the vehicle may be unclamped, the person seeking to have it unclamped will be required to produce to a police officer satisfactory evidence of identity; and

(ii) notice of the offences (and penalties) under section 37SA(2) and (3) ;

(f) in the case of a confiscation –

(i) that, before the vehicle may be recovered, the person seeking to recover it will be required to –

(A) produce to the person responsible for the holding yard satisfactory evidence of identity and, if applicable, written authority from the owner or registered operator of the vehicle to collect it; and

(B) pay the costs of moving the vehicle to, keeping the vehicle in and releasing the vehicle from the holding yard; and

(ii) notice of the offences (and penalties) under section 37S(1) and (2) .

37W.   Advice to registered operator of date of hearing

[Section 37W Amended by No. 62 of 2009, s. 18, Applied:11 Dec 2009] As soon as reasonably practicable after a date is set for the hearing of an application for a forfeiture order for a clamped or confiscated vehicle, the Court is to give written notice of the date, time and place of the hearing to –

(a) [Section 37W Amended by No. 62 of 2009, s. 18, Applied:11 Dec 2009] the offending driver; and

(b) any registered operator of the vehicle who can be ascertained after reasonable inquiry; and

(c) any owner of the vehicle who can be ascertained after reasonable inquiry.

37X.   Costs of confiscation

(1)  A vehicle confiscated under this Division is not to be returned until the costs of moving the vehicle to, keeping the vehicle in and releasing the vehicle from a holding yard have been paid.

(2)  If a person is found not guilty of the prescribed offence or offences for which they are charged, or the proceeding is withdrawn, the Crown is liable to pay the costs of moving, keeping and releasing the vehicle.

Subdivision 3 - Forfeiture orders

[Subdivision 3 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37Y.   Application for forfeiture of vehicles

[Section 37Y Substituted by No. 62 of 2009, s. 19, Applied:11 Dec 2009]

(1)  This section applies if –

(a) a person ("offending driver") has been found offending in respect of a prescribed offence by a police officer; and

(b) the vehicle used in connection with the prescribed offence has been clamped or confiscated pursuant to section 37N and, by virtue of the circumstances, section 37Q applies to the clamping or confiscation; and

(c) the offending driver has been convicted of the prescribed offence.

(2)  [Section 37Y Subsection (2) substituted by No. 15 of 2014, s. 35, Applied:19 Dec 2014] A police officer or any person prosecuting or who prosecuted a complaint in respect of a prescribed offence may, on the date of the conviction or at any time during the 14-day period immediately following the date of the conviction, apply to the Court –

(a) for a forfeiture order in respect of the vehicle; or

(b) for the imposition of a monetary penalty not exceeding 100 penalty units on the offending driver.

(3)  [Section 37Y Subsection (3) substituted by No. 15 of 2014, s. 35, Applied:19 Dec 2014] If the Court is satisfied that the offending driver has been convicted of a prescribed offence on 3 or more occasions, inclusive of the conviction referred to in subsection (1)(c) , the Court may –

(a) make the forfeiture order; or

(b) impose a monetary penalty not exceeding 100 penalty units on the offending driver.

(4)  If the Court makes the forfeiture order –

(a) the vehicle becomes the property of the Crown; and

(b) [Section 37Y Subsection (4) amended by No. 2 of 2011, Sched. 1, Applied:30 Jan 2012] any right of a person to enforce a charge or other security interest registered under the Personal Property Securities Act 2009 of the Commonwealth against a person other than the State by taking possession of the vehicle is extinguished.

(5)  The forfeiture order may be applied for and made even though the value of the vehicle may be more than the monetary jurisdiction of the Court.

(6)  At any time before the application for the forfeiture order is heard and determined, the offending driver or the owner or registered operator of the vehicle (or any of those persons jointly) may apply to the Court for the unclamping or return of the vehicle.

(7)  The Court may, if satisfied on an application under subsection (6) that the clamping or confiscation of the vehicle is causing severe hardship to a person, order that the vehicle be unclamped or returned to its owner or registered operator until the application for the forfeiture order is heard and determined.

(8)  The Court may, on making an order under subsection (7) , impose such conditions on the use of the vehicle as it considers appropriate.

(9)  If under subsection (7) the Court orders the return or unclamping of the vehicle –

(a) its owner must not sell or otherwise dispose of it, or substantially alter it, before the application for the forfeiture order has been determined or withdrawn; and

(b) its registered operator must not sell or otherwise dispose of it, or substantially alter it, before the application for the forfeiture order has been determined or withdrawn.

Penalty:  Fine not exceeding 40 penalty units.

37Z.   Defence to show no knowledge and consent

(1)  [Section 37Z Subsection (1) amended by No. 15 of 2014, s. 36, Applied:19 Dec 2014] [Section 37Z Subsection (1) amended by No. 62 of 2009, s. 20, Applied:11 Dec 2009] In a proceeding for forfeiture of a clamped or confiscated vehicle, it is a defence for the registered operator or owner of the vehicle to show that the relevant prescribed offence happened without his or her knowledge and consent.

(2)  [Section 37Z Subsection (2) amended by No. 62 of 2009, s. 20, Applied:11 Dec 2009] If a Court is satisfied that the defence referred to in subsection (1) is established, the Court is to order that the vehicle be unclamped or, as the case may be, returned to the registered operator or owner on payment of the costs payable under section 37X(1) .

37ZA.   Powers for enforcing forfeiture order

[Section 37ZA Amended by No. 15 of 2014, s. 37, Applied:19 Dec 2014] [Section 37ZA Substituted by No. 62 of 2009, s. 21, Applied:11 Dec 2009] If the Court orders the unclamping or return of a vehicle to its owner or registered operator and later makes a forfeiture order in respect of the vehicle, the Court is to, in the forfeiture order, authorise a police officer, without warrant and using such reasonable force, means and assistance as is necessary, to enter any place where the police officer reasonably believes the vehicle may be located and, as the case requires –

(a) clamp the vehicle; or

(b) seize the vehicle and move it to a holding yard.

37ZB.   Third party protection from forfeiture order

(1)  A person, other than the defendant, who did not appear at the hearing of an application for forfeiture and has an interest in the relevant vehicle may apply to the Court for an order under subsection (5) .

(2)  Unless the Court gives leave, the application must be made within 6 months after the day on which the forfeiture order was made.

(3)  Unless the Court gives leave, a person who was given notice of the application for forfeiture may not apply to the Court for an order under subsection (5) .

(4)  The Court may give leave for a later application if it is satisfied that the delay in applying was not due to the applicant's neglect.

(5)  On an application, an order may be made –

(a) declaring the nature, extent and, if necessary for the order, the value (when the declaration is made) of the applicant's interest in the vehicle; and

(b) directing the Crown –

(i) if the vehicle is still vested in the Crown, to transfer the vehicle to the applicant; or

(ii) if the vehicle is no longer vested in the Crown, to pay to the applicant the value of the applicant's interest in the vehicle after taking into account any amount paid to the holder of a registered security interest under section 37ZL(1)(c) .

(6)  The Court must, and may only, make the order if it is satisfied that –

(a) the applicant has or, but for the forfeiture, would have had a lawful interest in the vehicle; and

(b) the relevant prescribed offence happened without the knowledge or consent of the applicant.

(7)  For the purposes of an application under this Division, including an application for leave to apply –

(a) the applicant must give notice of the making of the application to the Commissioner; and

(b) the party given notice is to be a party to the application.

(8)  In this section –

defendant means the person convicted of the prescribed offence in respect of which the forfeiture order was made;

relevant prescribed offence means the prescribed offence in respect of which the forfeiture order was made.

Subdivision 4 - Unclamping and recovery, &c., of vehicles

[Subdivision 4 of Division 2 of Part IVA Heading amended by No. 62 of 2009, s. 22, Applied:11 Dec 2009] [Subdivision 4 of Part IVA Inserted by No. 29 of 2004, s. 10, Applied:23 Sep 2004]

37ZC.   Unclamping or recovery of vehicle clamped or confiscated for prescribed offence

[Section 37ZC Amended by No. 50 of 2009, s. 12, Applied:25 Nov 2009] [Section 37ZC Substituted by No. 62 of 2009, s. 23, Applied:11 Dec 2009]

(1)  This section applies if –

(a) [Section 37ZC Subsection (1) amended by No. 20 of 2017, s. 15, Applied:13 Sep 2017] a notice of clamping or confiscation has been given under section 37U , 37V or 37VA in respect of a vehicle; and

(b) the authorised period of clamping or confiscation has expired.

(2)  In the case of a clamped vehicle, an authorised claimant may, subject to the requirements of the notice, unclamp the vehicle by –

(a) collecting a key to the clamping device from a police station during normal business hours; and

(b) by means of the key, releasing the clamp and removing it from the vehicle; and

(c) returning both the clamping device and the key to a police station during normal business hours within 4 days of collecting the key to the clamping device.

(3)  In the case of a confiscated vehicle, an authorised claimant may, subject to the payment of the costs payable under section 37X(1) and the other requirements of the notice, recover the vehicle by –

(a) attending at the relevant holding yard during normal business hours; and

(b) removing the vehicle from that holding yard.

(4)  If, in the case of a clamped vehicle, no person seeks to have the vehicle unclamped within 10 days after the end of the authorised period of clamping, a police officer may unclamp the vehicle and retrieve the clamping device.

(5)  For the purpose of subsection (4) , the police officer may, without warrant and using such reasonable force, means and assistance as is necessary, enter any place where the police officer reasonably suspects the clamped vehicle may be located.

(6)  A person who collects a key to a clamping device as provided by subsection (2) is guilty of an offence if he or she –

(a) fails, without reasonable excuse, to return the key and the clamping device as provided by that subsection; or

(b) damages the key or causes or allows another person to damage the key; or

(c) except on the express instructions of a police officer of or above the rank of inspector, lends the key to another person.

Penalty:  Fine not exceeding 40 penalty units.

(7)  A person must not, except on the express instructions of a police officer of or above the rank of inspector, copy or attempt to copy a key to a police clamping device.

Penalty:  Fine not exceeding 40 penalty units.

(8)  In this section –

authorised claimant, of a clamped or confiscated vehicle, means –

(a) the offending driver; or

(b) the owner or registered operator of the vehicle; or

(c) a person who has the written authority of the owner or registered operator of the vehicle;

police clamping device means a clamping device used by the Police Service for the purposes of this Division.

37ZD.   Unclamping or recovery of vehicle clamped or confiscated for second or subsequent prescribed offence

(1)  [Section 37ZD Subsection (1) amended by No. 45 of 2010, s. 6, Applied:21 Dec 2010] [Section 37ZD Subsection (1) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] If a vehicle is clamped or confiscated by a police officer under this Division, the person in control of the vehicle at the time of the prescribed offence, a registered operator or an owner may apply to the Court to have the vehicle unclamped or for the return of the vehicle.

(2)  [Section 37ZD Subsection (2) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] If the Court is satisfied that the clamping or confiscation of a vehicle is causing, or will cause, severe hardship to a person, the Court may order that the vehicle be unclamped or returned to the registered operator or owner.

(3)  [Section 37ZD Subsection (3) substituted by No. 62 of 2009, s. 24, Applied:11 Dec 2009] The Court may impose such conditions on an order under subsection (2) as it considers appropriate in the circumstances including conditions on the subsequent use of the vehicle.

(3A)  [Section 37ZD Subsection (3A) inserted by No. 15 of 2014, s. 38, Applied:19 Dec 2014] A person who fails or refuses to comply with a condition imposed under subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding 20 penalty units.

(4)  [Section 37ZD Subsection (4) amended by No. 62 of 2009, s. 24, Applied:11 Dec 2009] A person must not substantially alter, sell or otherwise dispose of a vehicle unclamped or returned under subsection (2) until the charge giving rise to the clamping or confiscation is determined.

Penalty:  Fine not exceeding 40 penalty units.

37ZE.   Clamped or confiscated vehicle may be unclamped or returned in certain circumstances

(1)  [Section 37ZE Subsection (1) amended by No. 62 of 2009, s. 25, Applied:11 Dec 2009] If a police officer of or above the rank of inspector considers it necessary or desirable in the circumstances, he or she may authorise the immediate unclamping of a clamped vehicle or the immediate return of a confiscated vehicle on payment of the costs payable under section 37X(1) , as determined by that police officer.

(2)  [Section 37ZE Subsection (2) amended by No. 62 of 2009, s. 25, Applied:11 Dec 2009] If a clamped or confiscated vehicle was, at the time of the prescribed offence, stolen or was being hired, the vehicle must be unclamped or returned to the registered operator or owner as soon as reasonably practicable during normal business hours.

37ZF.   Unclamping or return of vehicle in case of severe hardship upon conviction

(1)  [Section 37ZF Subsection (1) amended by No. 62 of 2009, s. 26, Applied:11 Dec 2009] If the Court is satisfied that the clamping, confiscation or forfeiture of a vehicle will cause severe hardship to a person, the Court may, instead of ordering the clamping, confiscation or forfeiture, order that –

(a) [Section 37ZF Subsection (1) amended by No. 62 of 2009, s. 26, Applied:11 Dec 2009] the vehicle be unclamped or returned to the registered operator or owner or to the offending driver; and

(b) the person convicted of the prescribed offence perform not more than 240 hours of community service.

(2)  [Section 37ZF Subsection (2) amended by No. 62 of 2009, s. 26, Applied:11 Dec 2009] If the Court makes an order under subsection (1) , the vehicle must be unclamped or returned as soon as reasonably practicable.

37ZG.   Return of vehicle if offending driver not convicted, &c.

[Section 37ZG Substituted by No. 62 of 2009, s. 27, Applied:11 Dec 2009]

(1)  This section applies if –

(a) under this Division, a vehicle is clamped or confiscated by a police officer consequent on finding a person committing a prescribed offence; and

(b) the person is not convicted of the prescribed offence or proceedings in respect of the prescribed offence are for any reason not instituted or are discontinued; and

(c) the vehicle is not the subject of another clamping or confiscation order, or a forfeiture order, under this Division.

(2)  The vehicle must be unclamped or returned to its owner or registered operator or to the offending driver as soon as reasonably practicable during normal business hours.

Subdivision 5 - [Subdivision 5 of Division 2 of Part IVA Heading inserted by No. 62 of 2009, s. 28, Applied:11 Dec 2009] Disposal of vehicles, &c.

37ZH.   Disposal of confiscated vehicle

(1)  [Section 37ZH Subsection (1) amended by No. 62 of 2009, s. 29, Applied:11 Dec 2009] If, within 2 months after the authorised period of confiscation of a vehicle ends, the vehicle is not recovered, the Commissioner may sell or dispose of the vehicle and anything in or on it in a way the Commissioner considers appropriate.

(2)  The Commissioner must –

(a) advertise the proposed sale or disposal in a newspaper circulating in the locality where the vehicle was confiscated; and

(b) [Section 37ZH Subsection (2) amended by No. 15 of 2014, s. 39, Applied:19 Dec 2014] give written notice of the proposed sale or disposal of the vehicle to the registered operator if the registered operator can be found.

37ZI.   Disposal of forfeited vehicle

(1)  The Commissioner may sell a vehicle forfeited to the Crown under this Division or otherwise dispose of it in a way the Commissioner considers appropriate.

(2)  Before the vehicle is sold or otherwise disposed of, the registered operator or a person authorised by the registered operator may remove any contents from the vehicle that are not part of the vehicle or attached to it.

37ZJ.   Voluntary transfer of ownership of vehicle to Crown

(1)  [Section 37ZJ Subsection (1) amended by No. 15 of 2014, s. 40, Applied:19 Dec 2014] [Section 37ZJ Subsection (1) amended by No. 62 of 2009, s. 30, Applied:11 Dec 2009] If a clamped or confiscated vehicle is not subject to any interest, charge, lien or encumbrance, the owner may agree to transfer ownership of the vehicle to the Crown at any time during the authorised period of clamping or confiscation.

(2)  The agreement is to be written and witnessed by a person who may witness a statutory declaration.

(3)  If the Crown agrees in writing to the transfer of the vehicle –

(a) the vehicle becomes the property of the Crown; and

(b) the Commissioner may sell or dispose of the vehicle and anything in it or on it in a way the Commissioner considers appropriate; and

(c) before the vehicle is transferred, the owner or a person authorised by the owner may remove any contents from the vehicle that are not part of the vehicle or attached to it.

37ZK.   Clamped or confiscated vehicle not to be sold or disposed of

[Section 37ZK Amended by No. 62 of 2009, s. 31, Applied:11 Dec 2009] [Section 37ZK Substituted by No. 15 of 2014, s. 41, Applied:19 Dec 2014] A person must not –

(a) sell or otherwise dispose of a clamped or confiscated vehicle; or

(b) tamper with, interfere with or alter a clamped or confiscated vehicle –

during the authorised period of clamping or confiscation or whilst the vehicle is subject to a Court order under this Act.

Penalty:  Fine not exceeding 50 penalty units.

37ZL.   Application of proceeds of sale

(1)  If the Commissioner sells a vehicle under section 37ZH or 37ZI , the proceeds of the sale of the vehicle are to be paid as follows:

(a) firstly, in payment of the expenses of the sale;

(b) secondly, in payment of the costs of and incidental to confiscating and keeping the vehicle;

(c) [Section 37ZL Subsection (1) amended by No. 2 of 2011, Sched. 1, Applied:30 Jan 2012] thirdly, if there is an amount owing to a person under a security interest registered for the vehicle under the Personal Property Securities Act 2009 of the Commonwealth, in payment of the amount owing to the holder of the security interest;

(d) fourthly –

(i) if the vehicle is sold under section 37ZH , to the owner; or

(ii) if the vehicle is sold under section 37ZI , to the Consolidated Fund.

(2)  Compensation is not recoverable against the Crown in relation to a payment made under this section.

Subdivision 6 - [Subdivision 6 of Division 2 of Part IVA Heading inserted by No. 62 of 2009, s. 32, Applied:11 Dec 2009] Miscellaneous

37ZLA.   Power of Commissioner to authorise unclamping

[Section 37ZLA Inserted by No. 62 of 2009, s. 33, Applied:11 Dec 2009]

(1)  The Commissioner may give a police officer or other person approval to unclamp a vehicle (an "unclamping approval") –

(a) at the end of the authorised period of clamping; or

(b) at any other time if the Commissioner considers it necessary or expedient to do so under or for the purposes of this Division.

(2)  An unclamping approval may be given subject to such technical, time, reporting and other conditions as the Commissioner thinks fit.

(3)  A police officer executing an unclamping approval may, unless it expressly provides otherwise, without warrant and using such reasonable force, means and assistance as is necessary, enter any place where the police officer reasonably suspects that the vehicle to be unclamped may be located.

(4)  The Commissioner's power under subsection (1) is not capable of being exercised inconsistently with a judicial determination or an express provision of this Division.

37ZM.   Protection from liability

(1)  [Section 37ZM Subsection (1) substituted by No. 62 of 2009, s. 34, Applied:11 Dec 2009] A police officer acting in good faith is not liable for any damage to, any depreciation in the value of, any loss of use of or any loss of a vehicle that may result from its clamping or confiscation under this Act.

(2)  [Section 37ZM Subsection (2) substituted by No. 62 of 2009, s. 34, Applied:11 Dec 2009] A liability that would, but for subsection (1) , attach to a police officer attaches instead to the Crown.

(3)  If a police officer arranges the transportation of a vehicle under section 37R to a holding yard, the Crown is not liable for any damage, loss or depreciation to the vehicle while it is being driven or transported to, or confiscated in, the holding yard.

PART V - Offences Involving Dishonesty

38.   

[Section 38 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 38 Repealed by No. 86 of 2001, s. 17, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

38A.   Making off without payment

[Section 38A Inserted by No. 44 of 1990, s. 225 and Sched. 3 ]

(1)  A person who knows that payment on the spot for goods supplied or services done is required from that person shall not dishonestly make off without having paid as expected.

Penalty:  Fine not exceeding 10 penalty units or imprisonment for a term not exceeding 12 months.

(2)  For the purposes of subsection (1) payment on the spot includes payment at the time of collecting goods on which work has been done or in respect of which service has been provided.

(3)  Subsection (1) does not apply –

(a) if the supply of the goods or the doing of the service was contrary to law; or

(b) if the service done is such that payment is not legally enforceable.

(4)  Any person may arrest without warrant anyone who is, or whom that person, with reasonable cause, suspects to be, committing or attempting to commit an offence under this section.

39.   Possession of stolen property

[Section 39 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 39 Subsection (1) amended by No. 15 of 2014, s. 42, Applied:19 Dec 2014] [Section 39 Subsection (1) amended by No. 32 of 1963, s. 19 ][Section 39 Subsection (1) substituted by No. 86 of 2001, s. 18, Applied:17 Dec 2001] A person must not have possession or control of, or have had possession or control of, any property that is reasonably believed by a police officer to have been stolen or unlawfully obtained.

(1A)  [Section 39 Subsection (1A) inserted by No. 86 of 2001, s. 18, Applied:17 Dec 2001] It is a defence to proceedings for an offence under subsection (1) for a person to provide a satisfactory account of possession or control of the property.

(2)  [Section 39 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding –

(a) 12 months for a first offence; or

(b) 2 years for a second or subsequent offence.

39A.   

[Section 39A Inserted by No. 71 of 1962, s. 9 ][Section 39A Subsection (1) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 39A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 39A Subsection (1) amended by No. 46 of 1991, s. 5 and Sched. 3 ][Section 39A Subsection (1) amended by No. 75 of 1995, s. 3 and Sched. 1 ][Section 39A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 39A Subsection (1) amended by No. 56 of 2003, s. 15, Applied:01 Nov 2003] [Section 39A Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 39A Repealed by No. 15 of 2014, s. 43, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

40.   

[Section 40 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 40 Repealed by No. 15 of 2014, s. 43, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

41.   Advertising reward for return of stolen property

[Section 41 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 41 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person shall not –

(a) publicly advertise a reward for the return of any property which has been stolen or lost, and in such advertisement use any words intimating or purporting that no questions will be asked;

(b) make use of any words in any public advertisement intimating or purporting that a reward will be given or paid for any such property as aforesaid, without seizing, or making any inquiry after the person producing, such property;

(c) promise or offer in any public advertisement to return to any pawnbroker or other person any money paid or advanced on any such property, or any other sum of money or reward for the return thereof; or

(d) print or publish any such advertisement as aforesaid.

(2)  [Section 41 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.

42.   Taking or using animal, vehicle, or vessel without owner's consent

[Section 42 Substituted by No. 32 of 1963, s. 20 ]

(1)  [Section 42 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 42 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 42 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not take or use any animal that is the property of another person without –

(a) the consent of the owner or person in lawful possession thereof; or

(b) other lawful excuse.

(1A)  [Section 42 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to –

(a) a penalty not exceeding 5 penalty units or imprisonment for a term not exceeding 6 months, for a first offence; or

(b) a penalty not exceeding 20 penalty units or imprisonment for a term not exceeding 2 years, for a second or subsequent offence.

(2)  [Section 42 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not –

(a) [Section 42 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] take or use any vehicle (other than a motor vehicle within the meaning of the Vehicle and Traffic Act 1999 ); or

(b) [Section 42 Subsection (2) amended by No. 16 of 1997, Sched. 1, Applied:30 Jul 1997] take or use any vessel within the meaning of the Marine and Safety Authority Act 1997 –

that is the property of any other person without the consent of the owner or person in lawful possession thereof.

(3)  [Section 42 Subsection (3) substituted by No. 13 of 1987, s. 5 and Sched. 1 ]Subject to subsections (4) and (5) , a person who contravenes a provision of subsection (2) is guilty of an offence and is liable on summary conviction to –

(a) a penalty not exceeding 10 penalty units or imprisonment for a term not exceeding 12 months, for a first offence; or

(b) imprisonment for a term of not less than 12 months or more than 2 years, for a second or subsequent offence.

(4)  [Section 42 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 42 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 ]Notwithstanding the provisions of subsection (3) , where a person is convicted of an offence under subsection (2) by taking or using a wheelbarrow, hand cart, bicycle, or other like vehicle the penalty, whether for a first or subsequent offence, shall not exceed 3 penalty units or 3 months' imprisonment.

(5)  Notwithstanding the provisions of subsection (3) , where a person is convicted of an offence under subsection (2) , having previously been convicted of an offence thereunder, the court before which he is convicted, if it thinks it reasonable so to do, having regard to all or any of the following matters, namely:

(a) The time that has elapsed since the commission of a previous offence;

(b) The character, antecedents, age, health, or mental condition of that person; and

(c) Any other special circumstances –

may impose on that person such penalty being less than the penalty prescribed by paragraph (b) of subsection (3) as the court may consider just and reasonable in all the circumstances of the case, but the court shall not in any such case impose a penalty of lesser severity than the fine prescribed in respect of a first offence against subsection (2) .

(6)  Nothing in this section affects the law of marine salvage.

43.   Finding property

(1)  [Section 43 Subsection (1) substituted by No. 46 of 1991, s. 5 and Sched. 3 ]A person finding and taking possession of any money, goods, or chattels shall not fail to convey and deliver the same to a neighbouring police station within 7 days after such taking of possession, unless, if the owner is known to that person, he or she has within that time restored the same to such owner.

(1A)  [Section 43 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

(2)  [Section 43 Subsection (2) amended by No. 32 of 1963, s. 21 ][Section 43 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 43 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not apply to his own use or dispose of, otherwise than in pursuance of subsection (1) , any money, goods, or chattels found by him.

(2A)  [Section 43 Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 2 penalty units.

(3)  [Section 43 Subsection (3) amended by No. 32 of 1963, s. 21 ][Section 43 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 43 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]The court may order any person convicted before it of an offence against subsection (2) to pay to the owner of the property such sum not exceeding $1 000, as the court considers to be the value of the property, and such sum shall be recoverable as part of the penalty.

(4)  [Section 43 Subsection (4) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009] [Section 43 Subsection (4) amended by No. 77 of 2003, s. 7, Applied:15 Dec 2003] When any such property as aforesaid is brought to a police station, the police officer in charge shall forthwith receive the same and enter in a book to be kept in the police station for that purpose a description thereof, together with the name and address of the person by whom the same was brought to the station. The property so entered shall be delivered to the person who proves to the satisfaction of a justice, a police officer of or above the rank of inspector or the police officer in charge of the station that the same belongs to him, such person previously paying all such reasonable expenses, if any, incurred by the finder or in respect of any advertisement or otherwise, as such justice may award.

(5)  [Section 43 Subsection (5) omitted by No. 19 of 1961, s. 5 ].  .  .  .  .  .  .  .  

(6)  [Section 43 Subsection (6) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009] [Section 43 Subsection (6) amended by No. 77 of 2003, s. 7, Applied:15 Dec 2003] [Section 43 Subsection (6) amended by No. 19 of 1961, s. 5 ]Any such property as aforesaid to which no claim has been established within 3 months after the same has been brought to a police station shall be returned to the person by whom it was so brought, if he applies for the same within one month after the expiration of such 3 months and satisfies a justice, a police officer of or above the rank of inspector or the police officer in charge of the station that he did not come by it by any means that were not lawful; and in default the same shall be sold or disposed of as a justice may direct, and, if sold, the proceeds of the sale shall be paid into the Consolidated Fund.

(6A)  [Section 43 Subsection (6A) inserted by No. 19 of 1961, s. 5 ]Notwithstanding anything in this section, where any property is brought to a police station under this section and by reason of its perishable nature it is likely to become offensive, prejudicial, dangerous to health, or valueless it may be destroyed or disposed of in such manner as a justice may direct.

(7)  [Section 43 Subsection (7) amended by No. 49 of 2009, s. 9, Applied:12 Nov 2009] [Section 43 Subsection (7) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 43 Subsection (7) added by No. 58 of 1957, s. 3 ][Section 43 Subsection (7) amended by No. 19 of 1961, s. 5 ][Section 43 Subsection (7) amended by No. 87 of 1981, s. 7 ]Nothing in subsection (6) applies to property that is found by a police officer and all property so found shall, at the expiration of the 3 months referred to in that subsection, be sold or disposed of as a justice may direct, and, if sold, the proceeds of the sale shall be paid into the Consolidated Fund.

(8)  [Section 43 Subsection (8) added by No. 87 of 1981, s. 7 ][Section 43 Subsection (8) omitted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] .  .  .  .  .  .  .  .  

PART VA - Offences Relating to Computers

[Part VA  Inserted by No. 13 of 1990, s. 8 ]

43A.   Computer-related fraud

[Section 43A Inserted by No. 13 of 1990, s. 8 ]A person who, with intent to defraud –

(a) destroys, damages, erases, alters or otherwise manipulates data stored in, or used in connection with, a computer; or

(b) introduces into, or records or stores in, a computer or system of computers by any means data for the purpose of –

(i) destroying, damaging, erasing or altering other data stored in that computer or that system of computers; or

(ii) interfering with, interrupting or obstructing the lawful use of that computer or that system of computers or the data stored in that computer or system of computers; or

(c) otherwise uses a computer –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43B.   Damaging computer data

[Section 43B Inserted by No. 13 of 1990, s. 8 ]A person who intentionally and without lawful excuse –

(a) destroys, damages, erases or alters data stored in a computer; or

(b) interferes with, interrupts or obstructs the lawful use of a computer, a system of computers or any part of a system of computers or the data stored in that computer or system of computers –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43C.   Unauthorized access to a computer

[Section 43C Inserted by No. 13 of 1990, s. 8 ]A person who, without lawful excuse, intentionally gains access to a computer, system of computers or any part of a system of computers, is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43D.   Insertion of false information as data

[Section 43D Inserted by No. 13 of 1990, s. 8 ]A person who dishonestly introduces into, or records or stores in, a computer or system of computers, by any means, false or misleading information as data is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units and imprisonment for a term not exceeding 2 years.

43E.   Extra-territorial application of this Part

[Section 43E Inserted by No. 13 of 1990, s. 8 ]

(1)  If –

(a) a person does an act or thing referred to in sections 43A to 43D (both inclusive) outside, or partly outside, Tasmania; and

(b) there is a real and substantial link within the meaning of subsection (2) between doing the act or thing and Tasmania –

those sections apply in relation to that act or thing as if it had been done wholly within Tasmania.

(2)  For the purposes of subsection (1) , there is a real and substantial link with Tasmania –

(a) if a significant part of the conduct relating to, or constituting, the doing of the act or thing occurred in Tasmania; or

(b) where the act or thing was done wholly outside Tasmania or partly within Tasmania, if substantial harmful effects arose in Tasmania.

PART VI - Miscellaneous Offences

Division I - [Part VI, Div. I Heading substituted by No. 58 of 1957, s. 8 ]Bogus advertisements and false notices

44.   Bogus advertisements

[Section 44 Substituted by No. 58 of 1957, s. 4 ][Section 44 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 44 Subsection (1) amended by No. 55 of 1965, s. 5 ]A person shall not tender for insertion, or cause to be inserted, in a newspaper a bogus advertisement, knowing it to be a bogus advertisement.

(2)  [Section 44 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person, being the printer or publisher of a newspaper, having received from a person to whom or to whose affairs a bogus advertisement relates, or from a police officer, a request in writing within 3 months after the publication of the advertisement to furnish the name of the person who sent or delivered it for publication shall not fail to furnish the name of the last-mentioned person in accordance with that request.

(2A)  [Section 44 Subsection (2A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes subsection (1) or (2) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

(3)  In this section –

bogus advertisement means an advertisement or a notice that contains any material false statement or representation with respect to any birth, death, engagement, marriage, or employment, or with respect to any matter concerning any person, or the property of any person, other than the person who tenders the advertisement or notice for insertion, or causes it to be inserted, in a newspaper;

[Section 44 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003]

44A.   False reports to police

[Section 44A Inserted by 11 Geo. VI No. 52, s. 2 ]

(1)  [Section 44A Subsection (1) amended by No. 39 of 2007, s. 13, Applied:21 Nov 2007] [Section 44A Subsection (1) amended by No. 32 of 1963, s. 22 ][Section 44A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 44A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]A person shall not, falsely and with knowledge of the falsity of his statement, represent to any police officer or any person employed in the Department that any act has been done, or that any circumstances have occurred, which act or circumstances as so represented are such as reasonably call for investigation by the police.

(1AA)  [Section 44A Subsection (1AA) inserted by No. 15 of 2014, s. 44, Applied:19 Dec 2014] A person must not, falsely and with knowledge of the falsity of his or her statement, represent to any person that an act has been done, or that any circumstances have occurred, which as so represented are reasonably likely to cause that person to notify the police and it is reasonably likely that the police will investigate the act or circumstances.

(1A)  [Section 44A Subsection (1A) amended by No. 15 of 2014, s. 44, Applied:19 Dec 2014] [Section 44A Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 44A Subsection (1A) amended by No. 43 of 1991, s. 5 and Sched. 1 ]A person who contravenes subsection (1) or (1AA) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 100 penalty units or to imprisonment for a term not exceeding 12 months.

(2)  [Section 44A Subsection (2) amended by No. 39 of 2007, s. 13, Applied:21 Nov 2007] [Section 44A Subsection (2) amended by No. 32 of 1963, s. 22 ]In any proceedings instituted against any person under this section, the court, on the application of the complainant, may order that, in addition to or instead of a penalty, the offender shall pay to the complainant a reasonable sum for the expenses of or incidental to any investigation made by reason of such offence.

(3)  Any amount received by the complainant under this section shall be paid by him into the Consolidated Fund.

(4)  This section shall not be held to restrict the operation of any other Act or rule of law.

Division II - .  .  .  .  .  .  .  .  

[Division II of Part VI Repealed by No. 1 of 2001, s. 14, Applied:12 Apr 2001]

45.   

[Section 45 Repealed by No. 1 of 2001, s. 14, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

46.   

[Section 46 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 46 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 46 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 ][Section 46 Repealed by No. 1 of 2001, s. 14, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

Division IIA - Setting of traps

[Part VI, Div IIA Inserted by No. 76 of 1974, s. 2 ]

46A.   

[Section 46A Repealed by No. 2 of 1994, s. 4 ].  .  .  .  .  .  .  .  

Division III - [Part VI, Div. III Heading amended by No. 58 of 1957, s. 8 ]Motor-vehicle races and reliability trials

47.   Interpretation

[Section 47 Amended by No. 58 of 1957, s. 5 ][Section 47 Amended by No. 89 of 1958, s. 2 ][Section 47 Amended by No. 10 of 1959, s. 2 ][Section 47 Amended by No. 71 of 1973, s. 35 and Sched. 3 ]In this Division –[Section 47 Amended by No. 15 of 2014, s. 45, Applied:19 Dec 2014]

[Section 47 Amended by No. 15 of 2014, s. 45, Applied:19 Dec 2014] crash has the same meaning as in the Road Rules 2009 ;

[Section 47 Amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 47 Amended by No. 50 of 2009, s. 13, Applied:25 Nov 2009]

[Section 47 Amended by No. 39 of 2007, s. 14, Applied:21 Nov 2007] motor-vehicle race includes–

(a) any race or competition in which two or more motor-vehicles compete or take part, whether or not at one and the same time, and in the result of which the actual speed of such motor-vehicles is a determining factor;

(b) any test to which a motor-vehicle is subjected for the purpose of ascertaining, either alone or in conjunction with other matters, its actual speed capabilities; and

(c) [Section 47 Amended by No. 68 of 2004, s. 4, Applied:17 Dec 2004] the use of any motor-vehicle in any practice at the place where, or over any part of the course on which, any such race, competition, or test is to take place –

[Section 47 Amended by No. 68 of 2004, s. 4, Applied:17 Dec 2004] but does not include the use of a motor-vehicle, on a public street, for reconnaissance or familiarisation purposes at the place where, or over any part of the course on which, any such race, competition or test is to take place with a view to the participation in that race, competition or test of a motor-vehicle or person.

[Section 47 Amended by No. 39 of 2007, s. 14, Applied:21 Nov 2007]

48.   No motor-vehicle race to be held without a permit

[Section 48 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 48 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 48 Subsection (1) amended by No. 39 of 2007, s. 15, Applied:21 Nov 2007] [Section 48 Subsection (1) amended by No. 58 of 1957, s. 6 ]A person shall not hold, or be concerned in the holding of, or compete or take part in, any motor-vehicle race unless a permit for the holding thereof has been previously granted by the Commissioner, and then only in accordance with the terms and conditions specified in such permit.

(2)  [Section 48 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units.

49.   Power of Commissioner of Police to grant permit

[Section 49 Amended by No. 82 of 1973, s. 6 ]

(1)  [Section 49 Subsection (1) amended by No. 39 of 2007, s. 16, Applied:21 Nov 2007] [Section 49 Subsection (1) amended by 25 Geo. V No. 78 ][Section 49 Subsection (1) amended by No. 58 of 1957, s. 8 ]The Commissioner may grant to any person a permit for the holding of any motor-vehicle race, and every such permit–

(a) [Section 49 Subsection (1) amended by No. 39 of 2007, s. 16, Applied:21 Nov 2007] shall specify the day and hours on and between which respectively, and the place in or upon which, the race may be held; and

(b) may impose such conditions as to the holding thereof as the Commissioner shall determine and specify in the permit.

(2)  [Section 49 Subsection (2) amended by No. 39 of 2007, s. 16, Applied:21 Nov 2007] [Section 49 Subsection (2) amended by No. 58 of 1957, s. 8 ][Section 49 Subsection (2) amended by No. 10 of 1959, s. 3 ]If such permit is granted in respect of any public street within the meaning of the Traffic Act 1925 , the rate or speed of any motor-vehicle competing or taking part in any race to be held under the permit may, notwithstanding any law to the contrary, exceed, to the extent mentioned in the permit, the limit prescribed by such law.

(3)  [Section 49 Subsection (3) substituted by No. 87 of 1981, s. 8 ]Where the Commissioner grants a permit to a person under this section, that person shall pay to the Commissioner the prescribed fee.

(3A)  [Section 49 Subsection (3A) inserted by No. 87 of 1981, s. 8 ][Section 49 Subsection (3A) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 49 Subsection (3A) omitted by No. 39 of 2007, s. 16, Applied:21 Nov 2007] .  .  .  .  .  .  .  .  

(4)  [Section 49 Subsection (4) substituted by No. 10 of 1959, s. 3 ][Section 49 Subsection (4) substituted by No. 39 of 2007, s. 16, Applied:21 Nov 2007] No permit granted under this section authorising the holding of a motor-vehicle race is of any effect unless there is in force in relation to that race a policy of insurance that complies with the requirements of this section.

(5)  [Section 49 Subsection (5) inserted by No. 89 of 1958, s. 3 ][Section 49 Subsection (5) amended by No. 10 of 1959, s. 3 ][Section 49 Subsection (5) amended by No. 71 of 1973, s. 35 and Sched. 3 ][Section 49 Subsection (5) substituted by No. 39 of 2007, s. 16, Applied:21 Nov 2007] Subject to subsection (6) , in order to comply with the requirements of this section a policy of insurance must be a policy that –

(a) the Motor Accidents Insurance Board confirms is issued by an insurer, or arranged by a broker, authorised by the Australian Prudential Regulation Authority to provide, or renew, insurance in Australia; and

(b) provides for insurance covering liability in respect of any person taking part in the motor-vehicle race jointly and each of them severally (including liability for costs) that may be incurred by any such person, whether jointly with any other person or severally –

(i) in respect of the death or bodily injury to any person caused by or arising out of the use of a motor-vehicle which is competing or taking part in that motor-vehicle race; and

(ii) where the race takes place on any public road or thoroughfare, insurance covering damage or injury to any property other than a motor-vehicle competing or taking part in a race arising from such use.

(6)  [Section 49 Subsection (6) amended by No. 15 of 2014, s. 46, Applied:19 Dec 2014] [Section 49 Subsection (6) inserted by No. 89 of 1958, s. 3 ][Section 49 Subsection (6) amended by No. 10 of 1959, s. 3 ][Section 49 Subsection (6) amended by No. 55 of 1965, s. 5 ]A policy of insurance issued for the purposes of subsection (5) shall not be required to provide for–

(a) the payment by the insurer of any sum exceeding–

(i) [Section 49 Subsection (6) amended by No. 39 of 2007, s. 16, Applied:21 Nov 2007] the prescribed amount in respect of any claim in respect of the death of, or bodily injury to, any one person; or

(ii) [Section 49 Subsection (6) amended by No. 39 of 2007, s. 16, Applied:21 Nov 2007] [Section 49 Subsection (6) amended by No. 15 of 2014, s. 46, Applied:19 Dec 2014] the prescribed amount in respect of all claims arising out of the same crash in respect of the death of, or bodily injury to, more persons than one; or

(iii) [Section 49 Subsection (6) amended by No. 39 of 2007, s. 16, Applied:21 Nov 2007] [Section 49 Subsection (6) amended by No. 15 of 2014, s. 46, Applied:19 Dec 2014] the prescribed amount in respect of all claims arising out of the same crash in respect of damage or injury to property; or

(b) any contractual liability–

but shall provide for the payment of funeral expenses of any person dying as the result of any crash to which the policy relates.

(7)  [Section 49 Subsection (7) inserted by No. 89 of 1958, s. 3 ][Section 49 Subsection (7) amended by No. 10 of 1959, s. 3 ]Notwithstanding any other law or rule of law to the contrary, an insurer who issues a policy of insurance under or for the purposes of this section is liable to indemnify any person taking part in the motor-vehicle race, and, on his death, his personal representatives, in respect of any liability incurred by that person which the policy purports to cover.

(8)  [Section 49 Subsection (8) substituted by No. 71 of 1973, s. 35 and Sched. 3 ] Section 2 (3) of the Motor Accidents (Liabilities and Compensation) Act 1973 has effect in relation to this section as it has effect in relation to that Act.

(9)  [Section 49 Subsection (9) inserted by No. 39 of 2007, s. 16, Applied:21 Nov 2007] The Motor Accidents Insurance Board is not liable for any action, liability, claim or demand in respect of any act or omission done in good faith under subsection (5) .

Division IIIAA - Activities on public streets

49AA.   Interpretation of Division

[Section 49AA of Part VI Inserted by No. 104 of 2001, s. 6, Applied:01 Jan 2002] In this Division –

cyclist includes a person who is participating in an athletic competition that includes a cycling stage;

demonstration means a march, rally or other kind of political demonstration;

fundraising drive means the solicitation of funds, contributions or other support for a charitable purpose within the meaning of the Collections for Charities Act 2001 ;

procession means a pageant, parade or procession of a religious, commemorative or cultural character, but does not include a march by members of the defence forces of the Commonwealth;

public street has the same meaning as in the Traffic Act 1925 ;

[Section 49AA Amended by No. 49 of 2009, s. 10, Applied:12 Nov 2009] road cycle event means an event that –

(a) involves 70 or more cyclists; and

(b) requires the use of public streets;

road cycle race means a race, rally or other competitive sporting event involving 2 or more cyclists;

senior police officer means –

(a) the Commissioner; or

(b) the Deputy Commissioner, or an Assistant Commissioner, of Police; or

(c) a police officer of or above the rank of inspector.

49AB.   Public street permits

[Section 49AB of Part VI Inserted by No. 104 of 2001, s. 6, Applied:01 Jan 2002]

(1)  A person must not organise or conduct any of the following activities without a permit if it is to be held, wholly or partly, on a public street:

(a) a demonstration;

(b) a fundraising drive;

(c) a procession;

(d) [Section 49AB Subsection (1) amended by No. 49 of 2009, s. 11, Applied:12 Nov 2009] a road cycle race;

(e) [Section 49AB Subsection (1) amended by No. 49 of 2009, s. 11, Applied:12 Nov 2009] a road cycle event.

Penalty:  Fine not exceeding 10 penalty units.

(2)  A permit for this section may be issued by a senior police officer and any person may apply in writing for such a permit.

(3)  In the case of fundraising –

(a) a permit may only be issued to or in respect of an organisation that is permitted under section 5 of the Collections for Charities Act 2001 to solicit funds or contributions for a charitable purpose; and

(b) the number of fundraising days authorised by permit in any one city or town in any one year is not to exceed, in aggregate, 45 or, if another number of days is prescribed, the prescribed number.

(4)  In determining whether or not to grant an application for a permit, a senior police officer may consider –

(a) the safety and convenience of the public; and

(b) the arrangements made for the safety and convenience of participants in the proposed activity; and

(c) such other considerations as appear relevant having regard to the time and nature of the proposed activity and its location or, if applicable, its route.

(5)  A permit –

(a) is to be in such form as the senior police officer issuing it determines; and

(b) may be made subject to such conditions as that officer considers necessary or expedient for the safety and convenience of participants and the public, including, if applicable, conditions about public notification, compliance with police directions, marshals and escort vehicles; and

(c) may be made subject to a condition that the organisers of the activity enter into a policy of insurance regarding any deaths, personal injuries or property damage that may arise from the activity; and

(d) must specify the name of the permit holder and the name, or a description, of the activity for which it is issued; and

(e) must specify the location or, if applicable, route of the activity for which it is issued and the date, dates or period when that activity will be held.

(6)  A permit for a road cycle race may, if the issuing senior police officer considers it necessary or expedient to do so, provide that any escort vehicle preceding, accompanying or following the race may, or must, display a flashing yellow light.

(7)  A permit may be surrendered but is not capable of being amended, renewed or transferred.

(8)  The holder of a permit must –

(a) comply with its conditions; and

(b) immediately produce it to any police officer who demands to see it.

Penalty:  Fine not exceeding 10 penalty units.

Division IIIA - Public entertainments

[Part VI, Div. IIIA Inserted by No. 71 of 1962, s. 10 ]

49A.   Interpretation

[Section 49A Inserted by No. 71 of 1962, s. 10 ]In this Division public entertainment means an entertainment (including, though without limiting the meaning of that term, a concert, recital, lecture, reading, entertainment of the stage, cinematograph or other picture show, dancing, skating, boxing, or other amusement, exhibition, or contest) to which persons are admitted on payment or which is open to the public, whether admission thereto is or is not procured by payment of money or on any other condition.

49B.   Power of Commissioner to control public entertainments

[Section 49B Inserted by No. 71 of 1962, s. 10 ][Section 49B Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  Where the Commissioner is of opinion that it is fitting –

(a) for the preservation of public morality, good manners, or decorum; or

(b) to prevent a breach of the peace or danger to a performer or other person –

so to do, he may, with the consent of the Minister, by writing under his hand prohibit or regulate the holding of any public entertainment or a specified part or item of any public entertainment, the terms of any licence notwithstanding.

(2)  [Section 49B Subsection (2) amended by No. 55 of 1965, s. 5 ]A person holding or having the superintendence or management of a public entertainment which, or any part or item of which, is held contrary to a prohibition under this section or any condition so imposed after notice thereof has been given as prescribed is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units.

49C.   

[Section 49C Substituted by No. 90 of 1987, s. 3 ][Section 49C Repealed by No. 86 of 2001, s. 19, Applied:17 Dec 2001] .  .  .  .  .  .  .  .  

Division IV - .  .  .  .  .  .  .  .  

[Division IV of Part VI Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001]

50.   

[Section 50 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

51.   

[Section 51 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 51 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 51 Subsection (2) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 51 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

52.   

[Section 52 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 52 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 52 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

53.   

[Section 53 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 53 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 53 Subsection (2) amended by No. 32 of 1963, s. 23 ][Section 53 Subsection (3) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 53 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

54.   

[Section 54 Subsection (2) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 54 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 54 Subsection (3) added by No. 13 of 1987, s. 5 and Sched. 1 ][Section 54 Repealed by No. 1 of 2001, s. 15, Applied:12 Apr 2001] .  .  .  .  .  .  .  .  

PART VII - Powers of Police Officers and Other Persons

Division I - Arrest

55.   Arrest

(1)  Any police officer may arrest, without warrant, any person found offending against any of the provisions of –

(a) Division I of Part II ;

(b) Parts III to V ; or

(c) [Section 55 Subsection (1) amended by No. 86 of 2001, s. 20, Applied:17 Dec 2001] [Section 55 Subsection (1) amended by No. 29 of 2004, s. 11, Applied:23 Sep 2004] [Section 55 Subsection (1) amended by No. 11 of 2010, s. 5, Applied:27 Jul 2010] section 15B , 15C , 15D or 15F ; or

(ca) [Section 55 Subsection (1) amended by No. 39 of 2007, s. 17, Applied:21 Nov 2007] section 20K ; or

(d) [Section 55 Subsection (1) amended by No. 29 of 2004, s. 11, Applied:23 Sep 2004] section 37J(1) .

(2)  Where a police officer is empowered to arrest any such person, it is the duty of such officer to exercise such power unless he has reasonable grounds for believing that the purposes of this Act, or of the Act conferring such power, as the case may be, will be adequately served by proceeding against the offender by summons.

(2A)  [Section 55 Subsection (2A) inserted by No. 74 of 1982, s. 8 ]A police officer may arrest, without warrant, any person found offending against section 14A .

(2B)  [Section 55 Subsection (2B) amended by No. 77 of 2003, s. 8, Applied:15 Dec 2003] [Section 55 Subsection (2B) inserted by No. 74 of 1982, s. 8 ][Section 55 Subsection (2B) amended by No. 4 of 1992, s. 6 ]Subject to subsection (2C) , a police officer may arrest, without warrant, any person whom he believes on reasonable grounds to be on any land, building, structure, premises, aircraft, vehicle or vessel without the consent of the owner, occupier or person in charge of the land, building, structure, premises, aircraft, vehicle or vessel.

(2C)  [Section 55 Subsection (2C) inserted by No. 74 of 1982, s. 8 ]The power of arrest conferred by subsection (2B) is not exercisable –

(a) [Section 55 Subsection (2C) amended by No. 77 of 2003, s. 8, Applied:15 Dec 2003] [Section 55 Subsection (2C) amended by No. 49 of 2009, s. 12, Applied:12 Nov 2009] unless the police officer has previously requested the person in relation to whom he seeks to exercise the power to leave the land, building, structure, premises, aircraft, vehicle or vessel concerned and that person has refused or failed to comply with the request or, having complied with the request, returns to the land, building, structure, premises, aircraft, vehicle or vessel concerned within 14 days after so complying without the consent of the owner or occupier; or

(b) [Section 55 Subsection (2C) amended by No. 77 of 2003, s. 8, Applied:15 Dec 2003] if the police officer has reasonable grounds for believing that that person has some reasonable or lawful excuse for being on that land, building, structure, premises, aircraft, vehicle or vessel.

(2D)  [Section 55 Subsection (2D) amended by No. 15 of 2014, s. 47, Applied:19 Dec 2014] [Section 55 Subsection (2D) amended by No. 39 of 2007, s. 17, Applied:21 Nov 2007] [Section 55 Subsection (2D) inserted by No. 21 of 1992, s. 11 ]A police officer may, without warrant, arrest any person whom the police officer has reasonable grounds for believing has committed an offence under section 13A , section 13B , section 13C , section 15CA(1) , section 21 , section 21A , section 35 , section 37AA(1) , section 37B , section 37S(1) or (2) , section 37SA(2) or (3) , section 37ZC(6) or (7) or section 37ZD(3A) or (4) .

(2E)  [Section 55 Subsection (2E) amended by No. 67 of 2004, Sched. 1, Applied:30 Mar 2005] [Section 55 Subsection (2E) inserted by No. 21 of 1992, s. 11 ]A police officer may, without warrant, arrest a person to facilitate the making of an application for a restraint order under Part XA of the Justices Act 1959 or a family violence order, if the police officer has reasonable grounds for believing–

(a) that the person has intimidated another person; and

(b) that the intimidation is likely to continue and give rise to an assault.

(2F)  [Section 55 Subsection (2F) inserted by No. 21 of 1992, s. 11 ]For the purposes of subsection (2E) , intimidation may be verbal, physical or both verbal and physical.

(2G)  [Section 55 Subsection (2G) inserted by No. 86 of 2001, s. 20, Applied:17 Dec 2001] [Section 55 Subsection (2G) omitted by No. 15 of 2014, s. 47, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

(3)  [Section 55 Subsection (3) amended by No. 71 of 1962, s. 11 ]Any person may arrest, without warrant, any person found offending against any provision of this Act if such offence involves –

(a) substantial injury to the person of another;

(b) serious danger of such injury;

(c) loss of any property of the person so arresting, or of any person by whom he is authorized to effect the arrest; or loss of any property of which the person arresting has charge;

(d) serious injury to any property; or

(e) injury to the property of a public authority.

(3A)  [Section 55 Subsection (3A) amended by No. 27 of 2013, s. 56, Applied:01 Mar 2014] [Section 55 Subsection (3A) inserted by No. 49 of 1999, Sched. 1, Applied:01 Feb 2000] The power of a police officer to arrest a person under this section is subject to the limits imposed on the power of arrest by sections 24 and 24A of the Youth Justice Act 1997 .

(4)  For the purposes of this section, an offence shall be deemed to involve any of the matters specified in subsection (3) if the person arresting has reasonable grounds for believing that such matter has been, or will be, the consequence of any act of the offender in committing such offence.

(5)  For the purposes of this section, a person is said to be "found offending" if he does any act, or makes any omission, or conducts or behaves himself, and thereby causes a person who finds him reasonable grounds for believing that he has, in respect of such act, omission, or conduct, committed an offence against this Act.

55A.   Names and addresses of offenders

[Section 55A Inserted by No. 19 of 1961, s. 6 ][Section 55A Subsection (1) amended by No. 82 of 1973, s. 7 ][Section 55A Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 ][Section 55A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 55A Substituted by No. 15 of 2014, s. 48, Applied:19 Dec 2014]

(1)  If a police officer becomes aware that, or has reasonable grounds for believing that, a person has committed or is committing an offence, the police officer may require that person to state his or her name and address.

(2)  If a police officer becomes aware that, or has reasonable grounds for believing that, a person is likely to commit an offence against section 15B , the police officer may require that person to state his or her name and address.

(3)  A person who fails or refuses to comply with a requirement referred to in subsection (1) or (2) or, in response to such a requirement, states a name or address that is false, is guilty of an offence and is liable on summary conviction to a penalty not exceeding 10 penalty units.

(4)  A police officer making a requirement under subsection (1) or (2) may arrest, without warrant, a person who fails or refuses to comply with that requirement or who, in response to the requirement, gives a name or address that the police officer has reason to believe is false.

56.   Procedure on arrest

(1)  [Section 56 Subsection (1) omitted by No. 72 of 1995, s. 19 ].  .  .  .  .  .  .  .  

(2)  [Section 56 Subsection (2) amended by No. 72 of 1995, s. 19 ]It is the duty of every police officer to receive into custody any person arrested by a private person charged with an offence.

Division II - Entry and search

57.   Power of police officers to enter certain places

[Section 57 Amended by No. 42 of 1959, s. 4 ][Section 57 Amended by No. 32 of 1963, s. 24 ][Section 57 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 ]

(1)  [Section 57 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Any police officer of the rank of commander, inspector, or sergeant of police shall have power at any time to enter any building or part of a building, or other place, of the following description, namely:

(a) Any place used for the purpose of any public entertainment, or for any public show or exhibition;

(b) Any singing or dancing saloon, oyster-store, fishshop, restaurant, tea-room, or other such place;

(c) Any house or building in which any alcoholic liquor is sold, whether such house or building is licensed or not;

(d) [Section 57 Subsection (1) amended by No. 42 of 2005, s. 32, Applied:01 Jan 2006] Any house usually frequented by thieves or disorderly persons;

(e) Any building or part of a building which is kept or used for a purpose in respect of which a licence is required by the provisions of any Act; or

(f) Any vessel or aircraft not employed in His Majesty's service.

(2)  [Section 57 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] The powers conferred by subsection (1) on the officers therein specified may be exercised by any police officer who is authorized in that behalf either specially or generally by the Commissioner or a police officer of the rank of commander.

(3)  [Section 57 Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 57 Subsection (3) amended by No. 55 of 1965, s. 5 ]The keeper of any such building or other place, as aforesaid, or any servant or other person having the charge thereof, or the master or other person having charge of such vessel or aircraft, shall admit such police officer of the rank of commander, inspector, sergeant, or police officer when required.

(4)  [Section 57 Subsection (4) added by No. 13 of 1987, s. 5 and Sched. 1 ]A person who fails to comply with subsection (3) is guilty of an offence and is liable on summary conviction to a penalty not exceeding one penalty unit.

57A.   Searching of hawkers, &c.

[Section 57A Inserted by No. 71 of 1962, s. 12 ]

(1)  Any police officer may search a hawker's pack if he has reason to suspect that it contains goods which are stolen or which it is unlawful for the hawker to sell.

(2)  For the purposes of this section –

hawker includes pedlar;

pack includes any vehicle or container used by a hawker to carry the goods he hawks.

57B.   

[Section 57B Inserted by No. 71 of 1962, s. 12 ][Section 57B Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 57B Repealed by No. 15 of 2014, s. 49, Applied:19 Dec 2014] .  .  .  .  .  .  .  .  

58.   Search of persons for poison

(1)  Any police officer, who has reasonable grounds for believing that any person has in his possession any poisonous thing contrary to the provisions of section 19 , may search such person, and may seize and detain any such poisonous thing which he may find upon such search.

(2)  [Section 58 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Such police officer may require any person so found in possession of any such poisonous thing to tell his full name and place of abode, and, in case such person fails to tell his real name and place of abode or gives such general description of his place of abode as is illusory for the purposes of discovery, the police officer may arrest such person and cause him to be brought as soon as conveniently may be, before a justice to be dealt with according to law.

58A.   Power to search for liquor

[Section 58A Inserted by No. 45 of 1995, s. 6 ]

(1)  [Section 58A Subsection (1) amended by No. 15 of 2014, s. 50, Applied:19 Dec 2014] Where a police officer has reasonable grounds to suspect that a person is contravening or is about to contravene section 13(1) , (2) , (2A) , (2B) , (2C) or (3) , section 25 or section 26 , the police officer may–

(a) detain and search that person; and

(b) seize any liquor found in the possession of that person.

(2)  A police officer may at any time dispose of any liquor seized under subsection (1) that is in an opened or unsealed container.

(3)  [Section 58A Subsection (3) amended by No. 15 of 2014, s. 50, Applied:19 Dec 2014] If any liquor seized under subsection (1) in relation to an offence against section 13(1) , (2) or (3) , section 25 or 26 is in an unopened or sealed container, the person from whom the liquor was seized is entitled to have the liquor returned to him or her on request made at least 2 days and not more than 7 days after the liquor was seized.

(4)  A request under subsection (3) is to be made to a police officer at the police station nearest to the place where the liquor was seized or at such other police station as a police officer may reasonably direct.

(5)  Where a request is made under subsection (3) , a police officer must make the liquor to which the request relates available for collection by the person who made the request on the next day when the relevant police station is open to the public and during the hours when it is so open or at such other time as may be agreed.

(6)  A police officer may dispose of any liquor referred to in subsection (3) that is not the subject of a request under that subsection or that is not collected as mentioned in subsection (5) .

58B.   Search of accused person in custody

[Section 58B Inserted by No. 101 of 2000, s. 67, Applied:01 Jan 2001]

(1)  [Section 58B Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] If a police officer believes on reasonable grounds that it is necessary to search a person who is in lawful custody, a police officer may search that person –

(a) for the purpose of ascertaining whether there is concealed on that person or in that person's clothing a weapon or other article capable of being used to inflict injury or to assist that person to escape from custody; or

(ab) [Section 58B Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] for the purpose of removing into safe keeping any other articles belonging to, or in the possession of, the person; or

(b) for the purpose of obtaining evidence relating to the commission of the offence or preventing the loss or destruction of such evidence.

(2)  [Section 58B Subsection (2) substituted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] Subsection (1)(b) does not authorise a police officer to require a person to remove any clothing unless there are reasonable grounds for believing that the removal may provide evidence of the commission of an offence.

(3)  [Section 58B Subsection (3) substituted by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A police officer may take and retain –

(a) any weapon or article found as a result of the search under subsection (1)(a) ; and

(b) any article of clothing removed under subsection (2) .

(4)  A police officer may use such force as is reasonably necessary for the purposes of exercising powers under this section.

(5)  Nothing in this section prevents a search of a person in lawful custody in any circumstances where it is otherwise lawful to search the person.

Division III - Search warrants

59.   

[Section 59 Subsection (1) amended by No. 28 of 1963, s. 4 ][Section 59 Subsection (1) amended by No. 103 of 1974, s. 2 ][Section 59 Subsection (1) amended by No. 42 of 1959, s. 6 ][Section 59 Subsection (2) amended by 25 Geo. V No. 78 ][Section 59 Repealed by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999] .  .  .  .  .  .  .  .  

60.   Commissioner's warrant

(1)  It shall be lawful for the Commissioner to issue to any police officer a general warrant, in the appropriate form set forth in Schedule II , authorizing such officer to search for stolen property.

(2)  Every such warrant shall be signed by the Commissioner personally, and shall remain in force, unless sooner revoked, for 6 months from the date thereof, or for such shorter period, if any, as may be specified therein, and shall authorize the officer therein named to exercise the powers therein set forth.

(3)  The Commissioner, at any time, may revoke any general warrant issued by him.

Division IV - Infringement notices

[Division IV of Part VII Heading amended by No. 15 of 2014, s. 51, Applied:19 Dec 2014] [Part VII, Div. IV  Inserted by No. 45 of 1995, s. 8 ]

61.   Infringement notices

[Section 61 Inserted by No. 45 of 1995, s. 8 ]

(1)  [Section 61 Subsection (1) amended by No. 15 of 2016, s. 6, Applied:21 Jun 2016] [Section 61 Subsection (1) amended by No. 15 of 2014, s. 52, Applied:19 Dec 2014] [Section 61 Subsection (1) amended by No. 49 of 2009, s. 13, Applied:12 Nov 2009] [Section 61 Subsection (1) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] Where a police officer is satisfied that a person has committed an offence against section 12(1)(a) , (b) , (c) or (d) , section 13(1)(a) , (b) , (c) , (d) , (e) or (f) , (2), (4) , (6) or (7) , section 14B , section 15B , section 15CA(1) or (4) , section 16(1) or (2) , section 19A(1) , section 25(2) or (3) , section 26(1) or (2) , section 37G(1) , section 37GA(3) , section 37JA , section 41 , section 48 , section 49AB(1) or (8) or section 49B , he or she may serve on that person an infringement notice in respect of that offence by delivering it to that person or by sending it to that person by post.

(2)  [Section 61 Subsection (2) amended by No. 15 of 2014, s. 52, Applied:19 Dec 2014] [Section 61 Subsection (2) substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] An infringement notice is to be in accordance with section 14 of the Monetary Penalties Enforcement Act 2005 .

(3)  [Section 61 Subsection (3) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .  

(4)  [Section 61 Subsection (4) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .  

(5)  [Section 61 Subsection (5) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .  

(6)  [Section 61 Subsection (6) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .  

(7)  [Section 61 Subsection (7) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .  

(8)  [Section 61 Subsection (8) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .  

(9)  [Section 61 Subsection (9) omitted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] .  .  .  .  .  .  .  .  

62.   Payments into Consolidated Fund

[Section 62 Inserted by No. 45 of 1995, s. 8 ][Section 62 Substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] Any payments in respect of an infringement notice are payable into the Consolidated Fund.

PART VIII - Declaration of Crime Scenes and Serious Incident Sites

[Part VIII Repealed by No. 66 of 1954, s. 17 ][Part VIII Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009]

Division 1 - Crime scenes

[Division 1 of Part VIII Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009]

63.   Declaration of crime scene

[Section 63 Inserted by No. 45 of 1995, s. 8 ][Section 63 Repealed by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 63 Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009]

(1)  For the purpose of preserving, searching for or gathering evidence, a police officer of or above the rank of inspector may declare any public place or other place to be a crime scene if  –

(a) the officer reasonably believes that it is necessary, for that purpose, to exercise powers in section 63A(1) or to exclude persons from the place; and

(b) the officer reasonably believes that –

(i) an offence or a crime has been committed at or near that place; or

(ii) there is evidence at that place that is relevant to an offence or crime.

(2)  A police officer may establish a crime scene in any way that is reasonably appropriate in the circumstances.

(3)  The police officer who declares a crime scene is to put the declaration in writing as soon as practicable after making it and is to give a copy of the declaration to –

(a) the owner or person lawfully in possession of the place to which the declaration relates, if the place is not a public place; and

(b) the District Police Commander responsible for the relevant region.

(4)  A declaration of a crime scene remains in force for 7 days unless it is sooner revoked.

(5)  A revocation of a declaration of a crime scene –

(a) may be made by a police officer of or above the rank of inspector; and

(b) is to be put in writing as soon as practicable after it is made and a copy given to the persons who have been given a copy of the declaration under subsection (3) .

(6)  Before a declaration of a crime scene lapses or is revoked, a police officer of or above the rank of inspector may re-declare the place to be a crime scene.

(7)  A re-declaration of a crime scene under subsection (6) may be made one or more times and subsections (3) , (4) , (5) , (8) and (9) apply to a re-declaration as if it were a declaration under those subsections.

(8)  The owner or person lawfully in possession of the place to which a declaration of a crime scene relates may appeal against the declaration to the Magistrates Court (Administrative Appeals Division).

(9)  The Magistrates Court (Administrative Appeals Division) may confirm, amend or revoke, or add conditions to, a declaration of a crime scene.

63A.   Authority at crime scene

[Section 63A Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009]

(1)  For the purpose of preserving, searching for or gathering evidence at a crime scene, a police officer is authorised to do any or all of the following at or in relation to the crime scene:

(a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene;

(b) remove from the crime scene –

(i) a person who fails to leave the crime scene when directed to do so; or

(ii) a vehicle, vessel or aircraft that a person fails to remove from the crime scene when directed to do so;

(c) direct a person not to enter the crime scene;

(d) prevent a person from entering the crime scene;

(e) prevent a person from removing evidence from, or otherwise interfering with, the crime scene or anything in it and, for that purpose, detain and search the person;

(f) remove, or cause to be removed, an obstruction from the crime scene;

(g) perform any necessary investigation including, for example, searching the crime scene without warrant and inspecting anything in it to obtain evidence of the commission of an offence or crime;

(h) for the purpose of performing any necessary investigation, conduct any examination or process;

(i) open anything at the crime scene whether or not it is locked;

(j) take electricity, gas or any other utility for use at the crime scene;

(k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises;

(l) photograph or otherwise record the crime scene and anything in it;

(m) seize and detain all or part of a thing that might provide evidence of the commission of an offence or crime;

(n) dig up anything at the crime scene;

(o) remove roofing material, wall or ceiling linings or floors of a building, or panel linings of a vehicle;

(p) any other function reasonably necessary or incidental to a function conferred by this subsection.

(2)  A person must not fail to comply with a direction given under subsection (1) .

Penalty:  Fine not exceeding 80 penalty units.

(3)  A police officer may arrest, without warrant, a person who fails to comply with a direction given under subsection (1) .

(4)  An authorisation conferred by this section to seize and retain a thing includes –

(a) the authority to remove the thing from the crime scene when it is found; and

(b) the authority to guard the thing in or on the crime scene.

(5)  A police officer may use such force as is reasonably necessary for the purposes of exercising an authorisation conferred by this section.

(6)  Nothing in this Division prevents a police officer who is lawfully on premises from using an authorisation referred to in subsection (1) or doing any other thing if the occupier of the premises consents.

Division 2 - Serious incident sites

[Division 2 of Part VIII Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009]

63B.   Declaration of serious incident site

[Section 63B Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009]

(1)  [Section 63B Subsection (1) amended by No. 15 of 2014, s. 53, Applied:19 Dec 2014] A police officer of or above the rank of inspector, if of the opinion that because of the size, nature or location of an incident it is necessary to exclude persons from the area of the incident, may declare the area to be a serious incident site so as to ensure –

(a) public safety; or

(b) the security of evacuated premises; or

(c) the safety of, prevention of obstruction of, hindrance of or interference with emergency services.

(2)  A police officer may establish a serious incident site in any way that is reasonably appropriate in the circumstances.

(3)  The police officer who declares a serious incident site is to put the declaration in writing as soon as practicable after making it and is to give a copy of the declaration to –

(a) the owner or person lawfully in possession of the place to which the declaration relates, if the place is not a public place; and

(b) the District Police Commander responsible for the relevant region.

(4)  A declaration of a serious incident site remains in force for 7 days unless it is sooner revoked.

(5)  A revocation of a declaration of a serious incident site –

(a) may be made by a police officer of or above the rank of inspector; and

(b) is to be put in writing as soon as practicable after it is made and a copy given to the persons who have been given a copy of the declaration under subsection (3) .

(6)  Before a declaration of a serious incident site lapses or is revoked, a police officer of or above the rank of inspector may re-declare the site to be a serious incident site.

(7)  A re-declaration of a serious incident site under subsection (6) may be made one or more times and subsections (3) , (4) , (5) , (8) and (9) apply to a re-declaration as if it were a declaration under those subsections.

(8)  The owner or person lawfully in possession of the place to which a declaration of a serious incident site relates may appeal against the declaration to the Magistrates Court (Administrative Appeals Division).

(9)  [Section 63B Subsection (9) amended by No. 15 of 2014, s. 53, Applied:19 Dec 2014] The Magistrates Court (Administrative Appeals Division) may confirm, amend or revoke, or add conditions to, a declaration of a serious incident site.

63C.   Authority at serious incident site

[Section 63C Inserted by No. 49 of 2009, s. 14, Applied:12 Nov 2009]

(1)  A police officer is authorised to do any or all of the following at or in relation to a serious incident site:

(a) close any road, footpath or other open space;

(b) direct a person to leave the serious incident site or remove a vehicle, vessel or aircraft from the site;

(c) remove from the serious incident site –

(i) a person who fails to leave the site when directed to do so; or

(ii) a vehicle, vessel or aircraft that a person fails to remove from the site when directed to do so;

(d) direct a person not to enter the serious incident site;

(e) prevent a person from entering the serious incident site;

(f) allow a person to enter or remain in the serious incident site subject to such conditions as the officer considers appropriate;

(g) perform any other function reasonably necessary or incidental to a function conferred by this subsection.

(2)  A person must not fail to comply with a direction given under subsection (1) .

Penalty:  Fine not exceeding 40 penalty units.

(3)  A police officer may arrest, without warrant, a person who fails to comply with a direction given under subsection (1) .

(4)  Nothing in this Division prevents a police officer who is lawfully on premises from using an authorisation referred to in subsection (1) or doing any other thing if the occupier of the premises consents.

PART IX - Procedure and Supplemental Provisions

64.   Accomplice

No police officer or person, if such police officer or person is acting under instructions from any police officer of or above the rank of sergeant, shall be deemed to be an offender or accomplice in the commission of any offence under any of the provisions of this Act, although such officer or person might but for this section have been deemed to be such an offender or accomplice.

65.   Power of court, upon neglect to prosecute, court to order another person to proceed

If any person who has laid any complaint in respect of any offence under any of the provisions of this Act does not appear at the hearing, or declines or neglects to proceed upon or prosecute such complaint, the court may authorize some other person to proceed upon or prosecute such complaint, or may authorize any other person to take fresh proceedings in respect of the offence.

66.   Provision relating to determination of certain questions by courts

[Section 66 Substituted by No. 42 of 1984, s. 3 ]

(1)  A court held before a magistrate may, in any proceedings for an offence committed or alleged to have been committed on or after the commencement of the Police Offences Amendment Act 1984 , hear and determine any question as to –

(a) the title to any land;

(b) an interest in, or accruing from, the title to any land; or

(c) a bankruptcy or an execution under the process of a court.

(2)  Except as provided in subsection (1) , a court shall not, in any proceedings before it for an offence, hear and determine any question referred to in that subsection.

67.   Averment of age prima facie proof

In any proceedings under this Act an averment in the complaint as to the age of any person shall be deemed to be proved in the absence of proof to the contrary.

67A.   Evidentiary provision

[Section 67A Inserted by No. 45 of 1995, s. 7 ][Section 67A Amended by No. 15 of 2014, s. 54, Applied:19 Dec 2014] In proceedings for an offence against section 13(2A) , (2B) or (2C) , section 25 or section 26 , an allegation in the complaint –

(a) that a substance referred to in the complaint was liquor; or

(b) [Section 67A Amended by No. 24 of 2004, s. 48, Applied:01 Jan 2005] that a place specified in the complaint was or was not on a specified date a place specified in a licence or permit in force under the Liquor Licensing Act 1990  –

is evidence of that matter.

68.   Procedure for seized firearms

[Section 68 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] [Section 68 Inserted by No. 43 of 2007, s. 62, Applied:13 Nov 2007]

(1)  This section applies if –

(a) a police officer reasonably suspects that a person in possession of a firearm is committing an offence under section 14B ; and

(b) seizes that firearm under section 14B(5) .

(2)  The Commissioner is to hold the seized firearm in safe custody pending a decision as to whether or not to prosecute the person for the offence.

(3)  If the Commissioner is satisfied that the person was in lawful possession of the firearm when it was seized, the following provisions apply:

(a) if the person is prosecuted, the firearm is, subject to any orders of the court, to be held pending the outcome of the proceedings and may be used in evidence;

(b) if the person is prosecuted but is not convicted, or the person is convicted but the court does not make an order under section 14B(2B) , the firearm is to be –

(i) returned to the person at the conclusion of the proceedings if at that time the firearm is registered and the person is still entitled to possess it; or

(ii) [Section 68 Subsection (3) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014] in any other case, disposed of as the Commissioner determines;

(c) if the person is not or can no longer be prosecuted, the firearm is to be –

(i) returned to the person if at the relevant time the firearm is registered and the person is still entitled to possess it; or

(ii) [Section 68 Subsection (3) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014] in any other case, disposed of as the Commissioner determines;

(d) [Section 68 Subsection (3) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014] if for any reason it proves impossible or impracticable to return the firearm as required by paragraph (b)(i) or paragraph (c)(i) , the firearm may be disposed of as the Commissioner determines.

(4)  If the Commissioner is satisfied that the person was not in lawful possession of the firearm when it was seized, the following provisions apply:

(a) if the person is prosecuted, the firearm is, subject to any orders of the court, to be held pending the outcome of the proceedings and may be used in evidence;

(b) if the person is prosecuted for the offence but is not convicted, or the person is convicted but the court does not make an order under section 14B(2B) , the Commissioner is to –

(i) pass the firearm, if it is registered, to any claimant who can establish ownership of it and an entitlement to possess it under the Firearms Act 1996 ; or

(ii) [Section 68 Subsection (4) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014] in any other case, dispose of the firearm as the Commissioner determines;

(c) if the person is not, or can no longer be, prosecuted for the offence, the Commissioner is to –

(i) pass the firearm, if at the relevant time it is registered, to any claimant who can establish ownership of it and an entitlement to possess it under the Firearms Act 1996 ; or

(ii) [Section 68 Subsection (4) amended by No. 15 of 2014, s. 55, Applied:19 Dec 2014] in any other case, dispose of the firearm as the Commissioner determines.

(5)  Nothing in this section is to be taken as derogating from the powers that a court, police officer or other person may lawfully exercise over the seized firearm with regard to other offences, or crimes, involving that firearm.

69.   Disposal of property forfeited to Crown

(1)  [Section 69 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]All property forfeited to the Crown under the provisions of this Act, other than money and securities for money, shall, by order of the court or justices, be sold, or in its or their discretion destroyed, and the proceeds of any such sale shall be paid into the Consolidated Fund.

(2)  [Section 69 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]All money forfeited to the Crown under this Act and the proceeds of all securities for money forfeited to the Crown under this Act shall be paid into the Consolidated Fund.

70.   

[Section 70 Repealed by No. 66 of 1954, s. 17 ].  .  .  .  .  .  .  .  

71.   

[Section 71 Repealed by No. 32 of 1963, s. 26 ].  .  .  .  .  .  .  .  

72.   

[Section 72 Amended by 25 Geo. V No. 78 ][Section 72 Subsection (1) amended by No. 99 of 1982, s. 3 and Sched. 2 ][Section 72 Subsection (1) amended by No. 48 of 1970, s. 2 ][Section 72 Subsection (6) added by No. 58 of 1957, s. 7 ][Section 72 Repealed by No. 59 of 1997, Sched. 1, Applied:01 Aug 1998] .  .  .  .  .  .  .  .  

73.   Act not to affect rights of the Crown

(1)  [Section 73 Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ]Nothing in this Act shall affect or apply to any right, title, or interest of the Crown, or in any way limit the Royal Prerogative.

(2)  Nothing in this Act shall prejudice or affect the operation of the Criminal Code .

74.   Regulations

The Governor may make regulations for the purposes of this Act.

SCHEDULE I

[Schedule I Amended by 25 Geo. V No. 78 ]

Section 2

SCHEDULE II

[Schedule II Amended by 25 Geo. V No. 78 ][Schedule II Amended by No. 55 of 1965, s. 5 ][Schedule II Amended by No. 103 of 1974, s. 2 ][Schedule II Amended by No. 99 of 1982, s. 3 and Sched.2 ][Schedule II Amended by No. 35 of 1997, Sched. 1, Applied:01 Jun 1999]

Form VII - General Warrant

Section 60

[Schedule II Amended by No. 1 of 2001, s. 16, Applied:12 Apr 2001] [Schedule II Amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003]