Police Powers (Public Safety) Act 2005 (Tas)

Police Powers (Public Safety) Act 2005

An Act to authorise police officers to stop and search persons and vehicles, to question persons and to seize things for the purposes of public safety and for related matters [Royal Assent 9 December 2005]

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 1 - Preliminary

1. Short title This Act may be cited as the Police Powers (Public Safety) Act 2005 .

2. Commencement This Act commences on a day to be proclaimed.

3. Interpretation (1) In this Act, unless the contrary intention appears – authorisation means an authorisation issued by the Commissioner of Police or the Supreme Court under Division 1 of Part 2 ; Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; designated area means an area described as such in an authorisation; designated person means a person described as such in an authorisation; designated vehicle means a vehicle described as such in an authorisation; essential service means any of the following services: (a) transport; (b) fuel; (c) light; (d) power; (e) water; (f) sewerage; (g) any other prescribed service (whether or not of a type similar to the services included in paragraphs (a) to (f) ); premises includes – (a) land and a structure, building, caravan, vehicle or vessel, whether temporary or not and whether under construction or not; and (b) a place, whether enclosed or built on or not and whether on, within, over or under land or water; and (c) a part of premises, including premises referred to in paragraph (a) or (b) ; record means any record of information, irrespective of how the information is recorded or stored or able to be recovered, and includes – (a) any thing from which images, sounds or writings can be reproduced, with or without the aid of anything else; and (b) any thing on which information is recorded or stored, whether electronically, magnetically, mechanically or by some other means; serious indictable offence means an indictable offence the penalty for which, specified by a written law, is or includes imprisonment for a term of 5 years or more or for life; special site or area means – (a) the site of an airport, bus or coach station or interchange, train station or ship or ferry terminal; or (b) an area where persons gather in large numbers; or (c) part of an essential service located in a particular area; terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code; vehicle means any thing capable of transporting people or things by air, road, rail or water, regardless of how the thing is moved or propelled. (2) A note in the text of this Act does not form part of this Act.