Police Offences Act 1935 (Tas)

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 [Royal Assent 25 October 1935]

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. . . . . . . . .

3. Interpretation (1) In this Act, unless the contrary intention appears – 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; 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; 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; dangerous article includes – (a) 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) any other article that is intended to be used as such a weapon; and (d) a knife; data includes information, a computer programme or part of a computer programme; emergency services means – (a) the State Emergency Service within the meaning of the Emergency Management Act 2006 ; and (b) 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; 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; firearm means a firearm within the meaning of the Firearms Act 1996 ; fireworks means a Type 2 fireworks, or Type 3 fireworks, within the meaning of the Explosives Regulations 2012 ; found offending has the meaning assigned to it in section 55(5) ; gain access includes to communicate with a computer; 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 ; motor vehicle has the same meaning as in the Vehicle and Traffic Act 1999 ; 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; 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; 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;