Police Offences Regulations 2024

Police Offences Regulations 2024

18 November 2024

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Police Offences Act 1935.

These regulations may be cited as the Police Offences Regulations 2024.

These regulations take effect on 10 December 2024.

In these regulations –

Act means the Police Offences Act 1935;

photographic detection device has the same meaning as in the Vehicle and Traffic Act 1999;

speeding offence has the same meaning as in the Vehicle and Traffic Act 1999.

The following places are prescribed as public places for the purposes of section 25 of the Act:

the area of land specified in Part 1 of Schedule 1 and known as Franklin Square;

the area of land specified in Part 2 of Schedule 1 and known as Glenorchy Council Memorial Gardens;

the area of land specified in Part 3 of Schedule 1 and known as North Hobart Cultural Park and Skate Park;

the area of land specified in Part 4 of Schedule 1 and known as St Davids Park.

A public place specified in subregulation (2) is prescribed as a public place to which section 25 of the Act applies only during the periods, and at the times, specified for that public place in subregulations (3), (4) and (5).

For the purposes of subregulation (1), the public places are as follows:the area of land specified in Part 5 of Schedule 1 and known as Hobart Regatta Grounds; the area of land specified in Part 6 of Schedule 1 and known as Hobart Rivulet Linear Park; the area of land specified in Part 7 of Schedule 1 and known as John Doggett Park; the area of land specified in Part 8 of Schedule 1 and known as Parliament House Grounds; the area of land specified in Part 9 of Schedule 1 and known as Princes Park; the area of land specified in Part 10 of Schedule 1 and known as Salamanca Lawns; the area of land specified in Part 11 of Schedule 1 and known as Soundy Park; the area of land specified in Part 12 of Schedule 1 and known as Tasman Monument; the area of land specified in Part 13 of Schedule 1 and known as University Rose Gardens.

For the purposes of the public places specified in subregulation (2)(a), (b), (c), (g) and (i), the period and time is every day of the year between the hours of 8 p.m. and 8 a.m. the following day.

For the purposes of the public places specified in subregulation (2)(d), (f) and (h), the periods and times are – from 10 December in any year to 1 January the following year, inclusive, between the hours of 3 p.m. on any of those days and 10 a.m. the following day; and from 2 January in any year to 9 December in that year, inclusive, between the hours of 10 p.m. on any of those days and 10 a.m. the following day.

For the purposes of the public place specified in subregulation (2)(e), the period and time is every day of the year between the hours of 10 p.m. and 10 a.m. the following day.

For the purposes of Division 2 of Part IVA of the Act, the following offences are prescribed:an offence against section 13 of the Vehicle and Traffic Act 1999, if the offender has been charged on at least one previous occasion with an offence against – that section; or section 19A of the Road Safety (Alcohol and Drugs) Act 1970; a speeding offence if the prescribed speed-limit is exceeded by 45km/h or more.

In the application of Division 2 of Part IVA of the Act to a speeding offence, a police officer may find that a person has committed such an offence as result of the examination of a photograph from a photographic detection device.

For the purposes of section 37MA of the Act, the prescribed amount (of the fine constituting the special compulsory penalty) is 4 penalty units.

For the purposes of section 6A(3) of the Act, the following organisations are each prescribed to be an identified organisation:

the motorcycle club known as Outlaws;

the motorcycle club known as Rebels;

the motorcycle club known as Bandidos;

the motorcycle club known as Black Uhlans;

the motorcycle club known as Devil’s Henchmen;

the motorcycle club known as Nomads;

the motorcycle club known as Finks.

In this regulation – education facility means the following places:a school; a university; a TasTAFE facility; a technical institute or vocational education facility; a place used for the purposes of education, learning or teaching; public transport area means the following places:a bus mall within the meaning of section 67B(1)(n) of the Public Health Act 1997; a bus interchange or bus transit centre; a bus stop or bus shelter; a jetty or wharf that is being used in the operation of a passenger ferry service; an airport; retail precinct means the following places:a shopping centre; a shopping area in which 2 or more retail premises are situated, including the footpath immediately adjacent to the retail premises; a pedestrian mall within the meaning of section 67B(1)(m) of the Public Health Act 1997; retail premises means premises that are used primarily for either or both of the following:the sale of goods; the provision of services; set down area means an area used to allow passengers to enter or exit – a private vehicle; or a vehicle that is being used in the operation of a passenger transport service within the meaning of the Passenger Transport Services Act 2011.

For the purposes of section 15CAA of the Act, the following places are prescribed:a public transport area; a retail precinct; a large passenger vehicle within the meaning of the Passenger Transport Services Act 2011; a vessel used in the operation of a public ferry service; a place where sport is played or exhibited; a licensed premises or any place used for the assembly of members of the public for social, entertainment or recreational purposes; a facility or place where medical or health services are provided; an education facility; a place of worship or place where individuals or a group of persons congregate for religious or ritual purposes or to perform acts of devotion; a car park or set down area that forms part of, or is used for the purpose of access to, a place specified in this regulation.

For the purposes of section 37JA(3)(e) of the Act, prescribed persons are persons who are employed, or engaged, by a department while those persons are acting in the course of their duties under one or more of the following Acts:

Biosecurity Act 2019;

Nature Conservation Act 2002.

For the purposes of section 49(3) of the Act, the prescribed fee is 26 fee units.