Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
CLAUSE NOTES
Police Powers and Related Legislation (Evasion) Bill 2017
PART 1 – PRELIMINARY
Clause 1: Short title
Specifies the name of the proposed Act.
Clause 2: Commencement
Specifies that the Act commences on the day to be proclaimed.
Clause 3: Repeal of Act
This clause provides that the Police Powers (Vehicle Interception) Amendment Act 2017 is
repealed on the three hundred and sixty fifth day from the day on which it commences
PART 2 – POLICE POWERS (VEHICLE INTERCEPTION) ACT 2000 AMENDED
Clause 4: Principal Act
Specifies that the Police Powers (Vehicle Interception) Act 2000 is referred to as the
Principal Act.
Clause 5: Section 11A amended (Evading police)
This clause increases the penalties for drivers, aged 17 years and over, who evade
police. Currently the penalty for evading police is a fine not exceeding 50 penalty units
and/or imprisonment for a period not exceeding 12 months. The proposed penalty
provisions provide an incremented range for the monetary penalty and term of
imprisonment according to the number of prior evading police offences the offender
has committed.
First offence Min. 10 penalty units – A period of not more than 2
years imprisonment
Max. 100 penalty units
Second offence Min. 20 penalty units – A period of not more than 2
years imprisonment
Max. 100 penalty units
Third or subsequent Min. 10 penalty units – Min. 6 months – max. 2
offence years imprisonment
Max. 100 penalty units
Clause 5 also inserts a new offence of evading police with aggravated circumstances,
where there is an increased risk to public safety or the offence is in conjunction with
other certain offending. Where the evading police offence is in conjunction with the
following, the new provisions will apply:
Page 1 of 5
The vehicle being driven is stolen;
The driver is driving the vehicle recklessly or negligently;
The driver has alcohol present in his or her breath or blood in contravention of
section 6 of the Road Safety (Alcohol and Drugs) Act 1970;
The driver has an illicit drug present in his or her breath or blood in
contravention of section 6A of the Road Safety (Alcohol and Drugs) Act 1970;
The driver has his or her driver licence suspended, cancelled or they were
disqualified from driving; or
The driver is taking action to avoid police as a result of –
Committing an Appendix A or Appendix B crime per the Criminal Code Act
1924, breaching a Police or Family Violence Order or contravening a bail order.
The clause sets the incremented penalty provisions according to the number of prior
aggravated evading police offences the offender has committed.
First Offence Min. 20 penalty units – Min. 3 months – max. 2
years imprisonment
Max. 100 penalty units
Second or Min. 20 penalty units – Min. 6 months – max. 2
subsequent offence years imprisonment
Max. 100 penalty units
Clause 5 amends the current arrest provisions by extending the power for arrest to
include where a police officer has reasonable grounds for believing a person has
committed the offence of evading police.
In respect to the new aggravated evading police offence, when determining
proceedings, Clause 5 permits the court, as an alternative, to find a person charged with
this offence guilty of an ordinary evade police offence. This clause also permits the court
to take into account, for the purpose of sentencing for evading police offences, any
conviction for the offence of evading police (aggravated) as being an evade police
offence.
Clause 5 requires that where a person is convicted of an offence of evading police, the
court is not to include the sentence for that offence as part of a general, or mixed
sentence. Where a person is being sentenced for more than one offence, the court is
required to impose a separate sentence in respect to the evading police offence/s.
Finally, Clause 5 prescribes that a period of driver licence disqualification be imposed for
persons, who have attained the age of 17 years, convicted of evading police offences.
Evading police
First offence Min. 6 month – max. 3 years
driver licence disqualification
Second offence Min. 12 months – max. 5 years
driver licence disqualification
Third or subsequent offence Min. 2 years – max. 5 years
driver licence disqualification
Page 2 of 5
Evading police (aggravated)
All offences Min. 2 years – max. 5 years
driver licence disqualification
A court that convicts a person for the offence of evading police, who has not attained
the age of 17 years, may disqualify the person from driving.
Finally, the clause adds that section 46 of the Youth Justice Act 1997 applies to a youth
who has not obtained the age of 17. Section 46 states that mandatory fines and
imprisonment do not apply to youths.
PART 3 – POLICE OFFENCES ACT 1935 AMENDED
Clause 6: Principal Act
Specifies that the Police Offences Act 1935 is referred to as the Principal Act.
Clause 7: Section 37G amended (Requirement of owner or registered operator
to provide details)
This Clause increases the penalties for the owner or registered operator of a vehicle
who, in respect to an offence, fails to comply with the requirement of a driver demand,
namely, providing the police the identity and whereabouts of a driver or occupant of
their vehicle. The current penalty is a fine not exceeding 50 penalty units. The
proposed penalty is a fine not exceeding 100 penalty units and/or imprisonment for a
term not exceeding 12 months.
Clause 7 also reverses the onus of the owner or registered operator. The proposed
amendment to this section will require the owner or registered operator to establish to
the court that he or she has taken all reasonable steps to ascertain the information
required in respect to a driver demand.
Clause 8: Section 37N amended (Clamping and confiscation of vehicles)
This section of the Act stipulates the processes and time frames allowed for police to
locate a vehicle of the purpose of clamping or confiscation. This clause changes to
number of days allowed to find a vehicle from 14 days following the time of the offence
to 28 days.
Clause 9: Section 37O amended (Period of clamping or confiscation for first
prescribed offence)
This section prescribes the period for which a vehicle may be clamped or confiscated
for a first prescribed offence. This clause amends that section by including the 6 month
clamping or confiscation period for a vehicle used in connection with an aggravated
evade police offence.
Page 3 of 5
Clause 10: Section 37P amended (Period of clamping or confiscation for second
prescribed offence)
This section prescribes the period for which a vehicle may be clamped or confiscated
for a second prescribed offence. This clause amends that section by including the 12
month clamping or confiscation period for a vehicle used in connection with an
aggravated evade police offence.
Clause 11: Section 37Q amended (Period of clamping or confiscation for third or
subsequent prescribed offence)
This section prescribes the period for which a vehicle may be clamped or confiscated
for a third or subsequent prescribed offence. Currently, a vehicle may be clamped or
confiscated until the resolution of the charges for the offence/s and until the
determination of any forfeiture order made to the court. This clause amends that
section whereby the vehicle is automatically forfeited on conviction for the third or
subsequent evading police (including aggravated) offence.
Clause 11 also authorises the Commissioner to sell or dispose of the vehicle in any way
he or she considers appropriate.
Clause 12: Sections 37QA and 37QB inserted
37QA. Period of clamping or confiscation for evasion vehicle
This clause inserts a section for the clamping or confiscation of a vehicle involved in an
‘evasion offence’, where the driver is not known or has not been identified. The new
provisions will allow for the continued clamping or confiscation until the driver of the
vehicle, at the time of the evading offence, is identified or until a forfeiture application
(new section 37QB) is determined. Police may make an application to the court for
forfeiture of the vehicle after a period of 6 months has lapsed however, the vehicle
must be unclamped/returned after 9 months where no such application is made.
Clause 12 also permits the use of existing sections relating to clamping and confiscation
where a driver has been identified after this section has been applied.
37QB. Evasion vehicle may be forfeited
This Clause outlines the pre requisites and processes for applying to the Court for a
forfeiture order under this section, that is, where the driver of the vehicle at the time of
the offence has not been identified and a period of 6 months has lapsed.
Clause 12 also outlines the orders a court may make and provides for the owner or
registered operator of the vehicle to make a submission to the court that the vehicle
should not be forfeited.
Page 4 of 5
Clause 13: Section 37T amended (Notice of clamping or confiscation to be given)
This section relates to the written notice that is provided to persons when a vehicle is
clamped or confiscated and specifies the information to be contained within that notice.
This amendment includes the provisions for a notice where an evasion vehicle is
clamped (per the new section 37QA).
Clause 14: Sections 37VA inserted (Content of notice for evasion offence)
Section 37VA outlines the requirements of a notice where an evasion vehicle is
clamped (per the new section 37QA). In addition to the requirements for notices
issued in respect to other clamping and confiscation provisions, notices under this
section make reference to the new forfeiture applications where the driver has not
been identified.
Clause 15: Section 37ZC amended (Unclamping or recovery of vehicle clamped or
confiscated for prescribed offence)
This section relates to the process for unclamping or recovery of a vehicle and is
amended to include the notice provided for under the new section 37VA – evasion
offence.
PART 4 – YOUTH JUSTICE ACT 1997 AMENDED
Clause 16: Principal Act
Specifies that the Youth Justice Act 1997 is referred to as the Principal Act.
Clause 17: Section 3 amended (Interpretation)
Section 3 of the Act refers to ‘prescribed offences’ in respect to youths of certain ages.
This Clause amends that section to include the offence of evading police as a
‘prescribed offence’ for a youth who is 14 - 17 years old.
Page 5 of 5