Police Offences Regulations 2024
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Police Offences Regulations 2024
Police Offences Regulations 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 . 18 November 2024 A. M. BLOW Lieutenant-Governor By His Excellency's Command, FELIX ELLIS Minister for Police, Fire and Emergency Management
PART 1 - Preliminary
1.
Short title
These regulations may be cited as the
Police Offences Regulations 2024 .
2.
Commencement
These regulations take effect on 10 December 2024.
3.
Interpretation
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 .
PART 2 - Consumption and Possession of Liquor
4.
Public places where liquor consumption is prohibited
The following places are prescribed as public places for the purposes of
section 25
of the Act:
(a) the area of land specified in
Part 1
of
Schedule 1
and known as Franklin Square;
(b) the area of land specified in
Part 2
of
Schedule 1
and known as Glenorchy Council Memorial Gardens;
(c) the area of land specified in
Part 3
of
Schedule 1
and known as North Hobart Cultural Park and Skate Park;
(d) the area of land specified in
Part 4
of
Schedule 1
and known as St Davids Park.
5.
Public places where liquor consumption periodically prohibited
(1)
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) .
(2)
For the purposes of
subregulation (1) , the public places are as follows:
(a) the area of land specified in
Part 5
of
Schedule 1
and known as Hobart Regatta Grounds;
(b) the area of land specified in
Part 6
of
Schedule 1
and known as Hobart Rivulet Linear Park;
(c) the area of land specified in
Part 7
of
Schedule 1
and known as John Doggett Park;
(d) the area of land specified in
Part 8
of
Schedule 1
and known as Parliament House Grounds;
(e) the area of land specified in
Part 9
of
Schedule 1
and known as Princes Park;
(f) the area of land specified in
Part 10
of
Schedule 1
and known as Salamanca Lawns;
(g) the area of land specified in
Part 11
of
Schedule 1
and known as Soundy Park;
(h) the area of land specified in
Part 12
of
Schedule 1
and known as Tasman Monument;
(i) the area of land specified in
Part 13
of
Schedule 1
and known as University Rose Gardens.
(3)
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.
(4)
For the purposes of the public places specified in
subregulation (2)(d) ,
(f)
and
(h) , the periods and times are
(a) 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
(b) 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.
(5)
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.
PART 3 - Confiscation and Clamping of Vehicles
6.
Prescribed offences
(1)
For the purposes of
Division 2 of Part IVA
of the Act, the following offences are prescribed:
(a) an offence against
section 13 of the
Vehicle and Traffic Act 1999
, if the offender has been charged on at least one previous occasion with an offence against
(i) that section; or
(ii)
section 19A of the
Road Safety (Alcohol and Drugs) Act 1970
;
(b) a speeding offence if the prescribed speed-limit is exceeded by 45km/h or more.
(2)
In the application of
Division 2 of Part IVA
of the Act to a speeding offence, a police officer may find that a person has committed such an offence as result of the examination of a photograph from a photographic detection device.
7.
Special compulsory penalty for
section 37MA
of Act
For the purposes of
section 37MA
of the Act, the prescribed amount (of the fine constituting the special compulsory penalty) is 4 penalty units.
PART 4 - Miscellaneous
8.
Identified organisations for purposes of section 6A(3) of Act
For the purposes of
section 6A(3)
of the Act, the following organisations are each prescribed to be an identified organisation:
(a) the motorcycle club known as Outlaws;
(b) the motorcycle club known as Rebels;
(c) the motorcycle club known as Bandidos;
(d) the motorcycle club known as Black Uhlans;
(e) the motorcycle club known as Devils Henchmen;
(f) the motorcycle club known as Nomads;
(g) the motorcycle club known as Finks.
8A.
Prescribed places for purposes of section 15CAA of Act
[Regulation 8A Inserted by No. 10 of 2025, s. 9, Applied:16 Jun 2025]
(1)
In this regulation
education facility
means the following places:
(a) a school;
(b) a university;
(c) a TasTAFE facility;
(d) a technical institute or vocational education facility;
(e) a place used for the purposes of education, learning or teaching;
public transport area
means the following places:
(a) a bus mall within the meaning of
section 67B(1)(n) of the
Public Health Act 1997
;
(b) a bus interchange or bus transit centre;
(c) a bus stop or bus shelter;
(d) a jetty or wharf that is being used in the operation of a passenger ferry service;
(e) an airport;
retail precinct
means the following places:
(a) a shopping centre;
(b) a shopping area in which 2 or more retail premises are situated, including the footpath immediately adjacent to the retail premises;
(c) 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:
(a) the sale of goods;
(b) the provision of services;
set down area
means an area used to allow passengers to enter or exit
(a) a private vehicle; or
(b) a vehicle that is being used in the operation of a passenger transport service within the meaning of the
Passenger Transport Services Act 2011 .
(2)
For the purposes of
section 15CAA
of the Act, the following places are prescribed:
(a) a public transport area;
(b) a retail precinct;
(c) a large passenger vehicle within the meaning of the
Passenger Transport Services Act 2011 ;
(d) a vessel used in the operation of a public ferry service;
(e) a place where sport is played or exhibited;
(f) a licensed premises or any place used for the assembly of members of the public for social, entertainment or recreational purposes;
(g) a facility or place where medical or health services are provided;
(h) an education facility;
(i) 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;
(j) 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.
9.
Prescribed person for purposes of section 37JA of Act
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:
(a)
Biosecurity Act 2019 ;
(b)
Nature Conservation Act 2002 .
10.
Fee for permit under section 49 of Act
For the purposes of
section 49(3)
of the Act, the prescribed fee is 26 fee units.
11.
Prescribed amounts for purposes of section 49 of Act
(1)
For the purposes of
section 49(6)(a)(i)
of the Act, the prescribed amount is $10 000 000.
(2)
For the purposes of
section 49(6)(a)(ii)
of the Act, the prescribed amount is $15 000 000.
(3)
For the purposes of
section 49(6)(a)(iii)
of the Act, the prescribed amount is $15 000 000.
12.
Infringement notices
For the purposes of
section 61
of the Act
(a) an offence against a provision of the Act specified in column 2 of the table in
Schedule 3
is prescribed as an offence for which an infringement notice may be issued and served; and
(b) a penalty specified in column 3 of that table is prescribed as the penalty for the offence to which it relates.
SCHEDULE 1 - Public Places
Regulations 4
and
5
PART 1 - Franklin Square
All that area of land comprising about 6 323 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7977 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 1
of
Schedule 2 .
PART 2 - Glenorchy Council Memorial Gardens
All that area of land comprising about 4 903 square metres, shown as Lot 1 and bounded by a heavy black line on Plan 8876 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 2
of
Schedule 2 .
PART 3 - North Hobart Cultural Park and Skate Park
All that area of land comprising about 7 058 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9518 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 3
of
Schedule 2 .
PART 4 - St Davids Park
All that area of land comprising about 2.039 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7976 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 4
of
Schedule 2 .
PART 5 - Hobart Regatta Grounds
All that area of land comprising
(a) about 7.656 hectares, shown as Lot 1; and
(b) about 5 387 square metres, shown as Lot 2 and bounded by heavy black lines and shaded on Plan 9519 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 5
of
Schedule 2 .
PART 6 - Hobart Rivulet Linear Park
All that area of land comprising
(a) about 1.932 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9522 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 6
of
Schedule 2 ; and
(b) about 1.16 hectares, shown as Lot 2 and bounded by a heavy black line and shaded on Plan 9523 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 7
of
Schedule 2 ; and
(c) about 9 154 square metres, shown as Lot 3 and bounded by a heavy black line and shaded on Plan 9524 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 8
of
Schedule 2 .
PART 7 - John Doggett Park
All that area of land comprising about 5 830 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9544 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 9
of
Schedule 2 .
PART 8 - Parliament House Grounds
All that area of land comprising about 9 238 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7975 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 10
of
Schedule 2 .
PART 9 - Princes Park
All that area of land comprising about 2.046 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7972 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 11
of
Schedule 2 .
PART 10 - Salamanca Lawns
All that area of land comprising
(a) about 1 349 square metres, shown as Lot 1; and
(b) about 2 192 square metres, shown as Lot 2 and bounded by heavy black lines and shaded on Plan 7973 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 12
of
Schedule 2 .
PART 11 - Soundy Park
All that area of land comprising about 6 898 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9521 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 13
of
Schedule 2 .
PART 12 - Tasman Monument
All that area of land comprising about 868 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 7974 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 14
of
Schedule 2 .
PART 13 - University Rose Gardens
All that area of land comprising about 9 260 square metres, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9520 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in
Part 15
of
Schedule 2 .
SCHEDULE 2 - Plans
Schedule 1
PART 1 - Franklin Square
PART 2 - Glenorchy Council Memorial Gardens
PART 3 - North Hobart Cultural Park and Skate Park
PART 4 - St Davids Park
PART 5 - Hobart Regatta Grounds
PART 6 - Hobart Rivulet Linear Park (Lot 1)
PART 7 - Hobart Rivulet Linear Park (Lot 2)
PART 8 - Hobart Rivulet Linear Park (Lot 3)
PART 9 - John Doggett Park
PART 10 - Parliament House Grounds
PART 11 - Princes Park
PART 12 - Salamanca Lawns
PART 13 - Soundy Park
PART 14 - Tasman Monument
PART 15 - University Rose Gardens
SCHEDULE 3 - Infringement notices
Regulation 12
Section of Act
Penalty units
1.
Section 12(1)(a)
1
2.
Section 12(1)(b)
1
3.
Section 12(1)(c)
1
4.
Section 12(1)(d)
1
5.
Section 13(1)(a)
1
6.
Section 13(1)(b)
1
7.
Section 13(1)(c)
1
8.
Section 13(1)(d)
1
9.
Section 13(1)(e)
1
10.
Section 13(1)(f)
1
11.
Section 13(2)
1
12.
Section 13(4)
1
13.
Section 13(6)
1
14.
Section 13(7)
0.5
15.
Section 14B
1
16.
Section 15B(2)
1
17.
Section 15CA(1)
5
18.
Section 15CA(4)
5
19.
Section 16(1)
1
20.
Section 16(3)
1
21.
Section 19A(1)
1
22.
Section 25(2)
1
23.
Section 25(3)
1
24.
Section 26(1)
3
25.
Section 26(2)
3
26.
Section 37G(1)
10
27.
Section 37GA(3)
10
28.
Section 37JA(1)
5
29.
Section 41
1
30.
Section 48
1
31.
Section 49AB(1)
2
32.
Section 49AB(8)
2
33.
Section 49B(2)
2
Displayed and numbered in accordance with the
Rules Publication Act 1953 . Notified in the Gazette on 27 November 2024 These regulations are administered in the Department of Police, Fire and Emergency Management.
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