{"id":"BILL-TAS-police-offences-amendment-bill-2025-50-of-2025","name":"Police Offences Amendment Bill 2025","slug":"police-offences-amendment-bill-2025","collection":"bill","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":null,"makingDate":"2025-01-01","administeringDepartment":null,"currentVersion":{"id":446198,"registerId":"BILL-TAS-police-offences-amendment-bill-2025-50-of-2025:current","compilationNumber":null,"startDate":"2025-01-01","status":"in_force","reasons":null,"registeredAt":"2026-05-08T16:48:43.035Z"},"sections":[{"sectionNumber":"retrieval-0001","sectionType":"document_chunk","heading":"Document excerpt 1","content":"# Police Offences Amendment Bill 2025\n\n[Bill 50]-IX\nTASMANIA\n__________\nPOLICE OFFENCES AMENDMENT BILL 2025\n__________\nCONTENTS\n1. Short title\n2. Commencement\n3. Principal Act\n4. Section 3 amended (Interpretation)\n5. Section 14B amended (Unlawful entry on land, &c.)\n6. Section 35 amended (Common assault and aggravated assault)\n7. Section 37 amended (Offences relating to property)\n8. Section 37E amended (Penalty)\n9. Section 37FA inserted\n37FA. Road rage\n10. Section 37GA amended (Notice of demand)\n11. Section 37J amended (Excessive noise, smoke, &c., from\nvehicles)\n12. Section 37K amended (Interpretation of Division)\n13. Section 37N amended (Clamping and confiscation of vehicles)\n14. Section 37O amended (Period of clamping or confiscation for\nfirst prescribed offence)\n15. Section 37P amended (Period of clamping or confiscation for\nsecond prescribed offence)\n16. Section 37Q amended (Period of clamping or confiscation for\nthird or subsequent prescribed offence)\n\n2\n17. Section 37QA amended (Period of clamping or confiscation for\nevasion vehicle)\n18. Section 37QB substituted\n37QB. Evasion vehicle forfeited\n19. Section 37S amended (Unlawful interference with, or removal\nof, confiscated vehicle)\n20. Section 37VA amended (Content of notice for evasion offence)\n21. Section 37Y amended (Forfeiture of vehicles)\n22. Section 37Z amended (Defence to show no knowledge and\nconsent)\n23. Section 37ZB amended (Third party protection from forfeiture\norder)\n24. Section 37ZH amended (Disposal of confiscated vehicle)\n25. Section 43AA inserted\n43AA. Interpretation\n26. Section 48 amended (No motor-vehicle race to be held without a\npermit)\n27. Section 55 amended (Arrest)\n28. Section 67A substituted\n67A. Evidentiary provisions\n29. Repeal of Act\n\n[Bill 50] 3\nPOLICE OFFENCES AMENDMENT BILL 2025\nThis Public Bill originated in the House of Assembly, and, having this day passed, is\nnow ready for presentation to the Legislative Council for its concurrence.\nLAURA ROSS, Clerk of the House\n5 May 2026\n(Brought in by the Minister for Police, Fire and Emergency\nManagement, the Honourable Felix Ashton Ellis)\nA BILL FOR\nAn Act to amend the Police Offences Act 1935\nBe it enacted by Her Excellency the Governor of Tasmania, by\nand with the advice and consent of the Legislative Council and\nHouse of Assembly, in Parliament assembled, as follows:\n1. Short title\nThis Act may be cited as the Police Offences\nAmendment Act 2025.\n2. Commencement\nThis Act commences on the day on which this\nAct receives the Royal Assent.\n3. Principal Act\nIn this Act, the Police Offences Act 1935* is\nreferred to as the Principal Act.\n_______________________________________________________________\n*No. 44 of 1935\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 4\n4\n4. Section 3 amended (Interpretation)\nThe definition of public place in section 3(1) of\nthe Principal Act is amended as follows:\n(a) by inserting in the table after\nany passenger vessel plying for hire;\nthe following item:\nany vessel that is being used in the operation of a\npassenger ferry service;\n(b) by inserting in the table after\nany vehicle plying for hire;\nthe following item:\nany vehicle that is being used in the operation of a\npassenger transport service, within the meaning of\nthe Passenger Transport Services Act 2011;\n5. Section 14B amended (Unlawful entry on land, &c.)\nSection 14B of the Principal Act is amended by\nomitting subsection (2A) and substituting the\nfollowing subsections:\n(2A) Despite subsection (2), if the court that\nconvicts a person of an offence under this\nsection is satisfied that the person was in\npossession of a firearm during the actual\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 6\n5\ncommission of the offence, the person is\nliable to a penalty not exceeding three\ntimes that provided for by subsection (2).\n(2BA) Despite subsection (2), if the court that\nconvicts a person of an offence under this\nsection is satisfied that the person made\nany use of an aircraft, vehicle or vessel\nduring the actual commission of the\noffence, the person is liable to a penalty\nnot exceeding twice that provided for by\nsubsection (2).\n6. Section 35 amended (Common assault and\naggravated assault)\nSection 35 of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (1A) “a\npenalty not exceeding 20 penalty units or\nto imprisonment for a term not exceeding\n12 months” and substituting “a fine not\nexceeding 50 penalty units or to\nimprisonment for a term not exceeding\n18 months”;\n(b) by omitting from subsection (1B) “50\npenalty units or to imprisonment for a\nterm not exceeding 2 years” and\nsubstituting “100 penalty units or to\nimprisonment for a term not exceeding 3\nyears”;\n(c) by omitting from subsection (2) “50\npenalty units or to imprisonment for a\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 7\n6\nterm not exceeding 2 years” and\nsubstituting “100 penalty units or to\nimprisonment for a term not exceeding 3\nyears”;\n(d) by omitting from subsection (3) “50\npenalty units or to imprisonment for a\nterm not exceeding 2 years” and\nsubstituting “100 penalty units or to\nimprisonment for a term not exceeding 3\nyears”.\n7. Section 37 amended (Offences relating to property)\nSection 37 of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (2A) “a\npenalty not exceeding 10 penalty units or\nto imprisonment for a term not exceeding\n12 months” and substituting “a fine not\nexceeding 50 penalty units or to\nimprisonment for a term not exceeding 2\nyears”;\n(b) by omitting from subsection (3A)\n“penalty” first occurring and substituting\n“fine”;\n(c) by omitting from subsection (5)\n“penalty” first occurring and substituting\n“fine”.\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 8\n7\n8. Section 37E amended (Penalty)\nSection 37E of the Principal Act is amended by\nomitting “a penalty not exceeding 50 penalty\nunits” and substituting “a fine not exceeding 100\npenalty units”.\n9. Section 37FA inserted\nAfter section 37F of the Principal Act, the\nfollowing section is inserted in Division 1:\n37FA. Road rage\n(1) A person who, without reasonable\nexcuse, drives or uses a vehicle, or\nperforms a driving-related act, on a\npublic street, in a manner that –\n(a) the person knows or ought to\nknow, is likely to cause alarm,\ndistress, apprehension, or fear, in\nanother person; and\n(b) results in –\n(i) damage to property; or\n(ii) injury to a person; or\n(iii) a collision with another\nvehicle; or\n(iv) a risk of danger to a\nperson; or\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 10\n8\n(v) alarm, distress,\napprehension, or fear, in\nanother person –\nis guilty of an offence.\nPenalty: Fine not exceeding 50 penalty\nunits or imprisonment for a term\nnot exceeding 6 months.\n(2) For the purposes of subsection (1), a\ndriving-related act means an act that –\n(a) consists of threatening, abusive,\nobscene, offensive, profane or\ninsulting words, gestures or\nbehaviour; and\n(b) is calculated or likely to provoke\na breach of the peace; and\n(c) is said, made or exhibited by a\nperson while that person is\ndriving or using a vehicle, or\nimmediately after that person has\ndriven or used a vehicle.\n10. Section 37GA amended (Notice of demand)\nThe penalty under section 37GA(3) of the\nPrincipal Act is amended by omitting “50\npenalty units” and substituting “100 penalty\nunits”.\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 11\n9\n11. Section 37J amended (Excessive noise, smoke, &c.,\nfrom vehicles)\nSection 37J of the Principal Act is amended as\nfollows:\n(a) by omitting the penalty from subsection\n(1) and substituting the following\npenalty:\nPenalty: Fine not exceeding 40 penalty\nunits or imprisonment for a term\nnot exceeding 6 months, or both.\n(b) by omitting from subsection (2) “2 years”\nand substituting “4 years”.\n12. Section 37K amended (Interpretation of Division)\nThe definition of prescribed offence in section\n37K(1) of the Principal Act is amended as\nfollows:\n(a) by inserting the following paragraph after\nparagraph (b):\n(ba) against section 37FA; or\n(b) by omitting paragraph (fa) and\nsubstituting the following paragraph:\n(fa) against section 19A of the Road\nSafety (Alcohol and Drugs) Act\n1970 that is the result of a breach\nof a road safety disqualification\nnotice issued under section 18B\nof that Act; or\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 13\n10\n13. Section 37N amended (Clamping and confiscation\nof vehicles)\nSection 37N of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (1) “finds a\nperson committing” and substituting “has\nreasonable grounds for believing that a\nperson is committing, or has\ncommitted,”;\n(b) by omitting subsection (2) and\nsubstituting the following subsection:\n(2) Where a police officer has\nreasonable grounds for believing\nthat a prescribed offence\ninvolving a vehicle has occurred,\nand does not immediately clamp\nor confiscate the vehicle and its\nkeys, the vehicle may be clamped\nor confiscated and its keys\nconfiscated by a police officer at\nany time during the 90-day period\nimmediately following the time at\nwhich the first-mentioned police\nofficer believed that the offence\noccurred.\n14. Section 37O amended (Period of clamping or\nconfiscation for first prescribed offence)\nSection 37O of the Principal Act is amended as\nfollows:\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 15\n11\n(a) by omitting from subsection (1)(a) “finds\na person offending in respect of” and\nsubstituting “has reasonable grounds for\nbelieving that a person is committing, or\nhas committed,”;\n(b) by inserting in subsection (2)(ab)\n“section 167A, 167B or 172A of the\nCriminal Code or” after “against”;\n(c) by omitting from subsection (2)(b) “28\ndays” and substituting “3 months”.\n15. Section 37P amended (Period of clamping or\nconfiscation for second prescribed offence)\nSection 37P of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (1)(a) “finds\na person offending in respect of” and\nsubstituting “has reasonable grounds for\nbelieving that a person is committing, or\nhas committed,”;\n(b) by omitting from subsection (2) “3\nmonths” and substituting “6 months”;\n(c) by omitting subsection (3) and\nsubstituting the following subsection:\n(3) If the new prescribed offence is\nan offence under section 11A(2A)\nof the Police Powers (Vehicle\nInterception) Act 2000, the\nvehicle used in connection with\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 16\n12\nthe new prescribed offence is to\nbe clamped or confiscated for a\nperiod of 12 months unless\notherwise extended under\nsection 37T(3)(b).\n16. Section 37Q amended (Period of clamping or\nconfiscation for third or subsequent prescribed\noffence)\nSection 37Q of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (1)(a) “finds\na person offending in respect of” and\nsubstituting “has reasonable grounds for\nbelieving that a person is committing, or\nhas committed,”;\n(b) by omitting from subsection (2) “–” and\nsubstituting “the resolution of all existing\ncharges against the person for those\nprescribed offences.”;\n(c) by omitting paragraphs (a) and (b) from\nsubsection (2).\n17. Section 37QA amended (Period of clamping or\nconfiscation for evasion vehicle)\nSection 37QA of the Principal Act is amended as\nfollows:\n(a) by omitting paragraphs (b) and (c) from\nsubsection (2) and substituting the\nfollowing paragraphs:\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 18\n13\n(b) the Court makes an order under\nsection 37QB(4);\n(c) the vehicle is forfeited to the\nCrown under section 37QB(2).\n(b) by omitting subsection (3).\n18. Section 37QB substituted\nSection 37QB of the Principal Act is repealed\nand the following section is substituted:\n37QB. Evasion vehicle forfeited\n(1) In this section –\nevasion offence has the same meaning\nas in section 37QA.\n(2) Subject to subsection (3), if the driver of\na vehicle at the time of an evasion\noffence has not been identified and a\nperiod of 6 months has elapsed since the\nvehicle was clamped or confiscated\nunder section 37QA –\n(a) the vehicle is forfeited to the\nCrown and the Commissioner\nmay sell or dispose of the vehicle,\nand anything in or on it, in a way\nthat the Commissioner considers\nappropriate; and\n(b) any right of a person to enforce a\ncharge or other security interest,\nregistered under the Personal\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 19\n14\nProperty Securities Act 2009 of\nthe Commonwealth, against a\nperson other than the State, by\ntaking possession of the vehicle,\nis extinguished.\n(3) Before the 6-month period specified in\nsubsection (2) has elapsed, the owner or\nregistered operator of the relevant vehicle\nmay make an application to the Court\nthat the vehicle should not be forfeited\nunder this section, as the owner or\nregistered operator has provided all such\ninformation as the owner or registered\noperator has in relation to the\nwhereabouts of the driver of the vehicle\nat the time of the evasion offence.\n(4) If the Court grants an application made\nunder subsection (3), the Court is to\norder that the relevant vehicle be\nunclamped, or returned to its owner or\nregistered operator, as soon as reasonably\npracticable during normal business hours.\n(5) Subdivisions 3, 4 and 5 do not apply in\nrespect of a vehicle forfeited to the\nCrown by virtue of this section.\n19. Section 37S amended (Unlawful interference with,\nor removal of, confiscated vehicle)\nSection 37S of the Principal Act is amended as\nfollows:\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 20\n15\n(a) by omitting from the penalty under\nsubsection (1) “20 penalty units” and\nsubstituting “40 penalty units”;\n(b) by omitting from the penalty under\nsubsection (2) “40 penalty units” and\nsubstituting “80 penalty units”.\n20. Section 37VA amended (Content of notice for\nevasion offence)\nSection 37VA(b) of the Principal Act is\namended by omitting “car” and substituting\n“vehicle”.\n21. Section 37Y amended (Forfeiture of vehicles)\nSection 37Y of the Principal Act is amended as\nfollows:\n(a) by omitting paragraph (a) from\nsubsection (1) and substituting the\nfollowing paragraph:\n(a) a police officer has reasonable\ngrounds for believing that a\nperson (offending driver) is\ncommitting, or has committed, a\nprescribed offence; and\n(b) by omitting subsection (2);\n(c) by omitting from subsection (3) “may –”\nand substituting “must make a forfeiture\norder, to take effect 28 days after the\nmaking of the order.”;\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 21\n16\n(d) by omitting paragraphs (a) and (b) from\nsubsection (3);\n(e) by omitting from subsection (4) “If the\nCourt makes the forfeiture order” and\nsubstituting “Upon the forfeiture order\nmade under subsection (3) taking effect”;\n(f) by omitting from subsection (5) “applied\nfor and”;\n(g) by omitting from subsection (6)\n“application for the forfeiture order is\nheard and determined” and substituting\n“forfeiture order takes effect”;\n(h) by omitting from subsection (6)\n“unclamping or” and substituting\n“quashing of the forfeiture order and\nthe”;\n(i) by omitting subsections (7) and (8) and\nsubstituting the following subsections:\n(7) The Court may, if satisfied on an\napplication under subsection (6)\nthat the forfeiture of the vehicle is\nlikely to cause severe hardship to\na person, order that the forfeiture\norder be quashed and the vehicle\nbe returned to its owner or\nregistered operator.\n(8) If the Court makes an order under\nsubsection (7), the Court is to\nimpose a monetary penalty not\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 22\n17\nexceeding 100 penalty units on\nthe offending driver.\n(j) by omitting subsection (9).\n22. Section 37Z amended (Defence to show no\nknowledge and consent)\nSection 37Z(1) of the Principal Act is amended\nas follows:\n(a) by omitting “for forfeiture of a clamped\nor confiscated vehicle” and substituting\n“in relation to which a forfeiture order\nmust be made under section 37Y(3)”;\n(b) by inserting “against the making of the\nforfeiture order” after “defence”;\n(c) by omitting “his or her” and substituting\n“the operator’s or owner’s”.\n23. Section 37ZB amended (Third party protection\nfrom forfeiture order)\nSection 37ZB of the Principal Act is amended as\nfollows:\n(a) by omitting from subsection (1) “the\nhearing of an application for forfeiture”\nand substituting “proceedings in relation\nto which a forfeiture order was made\nunder section 37Y(3)”;\n(b) by omitting from subsection (2) “6\nmonths” and substituting “14 days”;\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 24\n18\n(c) by omitting from subsection (3)\n“application for forfeiture” and\nsubstituting “proceedings in relation to\nwhich a forfeiture order was made”.\n24. Section 37ZH amended (Disposal of confiscated\nvehicle)\nSection 37ZH(1) of the Principal Act is amended\nby omitting “2 months” and substituting “one\nmonth”.\n25. Section 43AA inserted\nBefore section 43A of the Principal Act, the\nfollowing section is inserted in Part VA:\n43AA. Interpretation\nIn this Part –\ncomputer includes a mobile telephone.\n26. Section 48 amended (No motor-vehicle race to be\nheld without a permit)\nSection 48(2) of the Principal Act is amended by\nomitting “5 penalty units” and substituting “10\npenalty units”.\n27. Section 55 amended (Arrest)\nSection 55 of the Principal Act is amended as\nfollows:","sortOrder":0},{"sectionNumber":"retrieval-0002","sectionType":"document_chunk","heading":"Document excerpt 2","content":"Police Offences Amendment Act 2025\nAct No. of 2025\ns. 28\n19\n(a) by omitting paragraph (ca) from\nsubsection (1);\n(b) by inserting in subsection (2D)\n“section 37FA,” after “section 37B,”.\n28. Section 67A substituted\nSection 67A of the Principal Act is repealed and\nthe following section is substituted:\n67A. Evidentiary provisions\n(1) In proceedings for an offence against\nsection 13(2A), (2B) or (2C), section 25\nor section 26, an allegation in the\ncomplaint –\n(a) that a substance referred to in the\ncomplaint was liquor; or\n(b) that a place specified in the\ncomplaint was, or was not, on a\nspecified date a place specified in\na licence or permit in force under\nthe Liquor Licensing Act 1990 –\nis evidence of that matter.\n(2) In proceedings for an offence under\nsection 20C, an allegation in the\ncomplaint is evidence that –\n(a) an official warning was\nauthorised and given to the\ndefendant; and\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 28\n20\n(b) the official warning was in force\nat the time of the alleged\ncontravention.\n(3) In the absence of evidence to the\ncontrary, in proceedings for an offence\nagainst section 37, an allegation, in the\ncomplaint that gives rise to the\nproceedings, that –\n(a) a specified person was the owner\nof the property in relation to\nwhich the offence was allegedly\ncommitted; and\n(b) the specified person did not give\nconsent to the destruction or\ninjury of that property –\nis evidence of these matters.\n(4) In the absence of evidence to the\ncontrary, in proceedings for an offence\nagainst section 37B, an allegation, in the\ncomplaint that gives rise to the\nproceedings, that –\n(a) a specified person was –\n(i) the owner, or registered\noperator, of the motor\nvehicle in relation to\nwhich the offence was\nallegedly committed; or\n(ii) the person lawfully in\ncharge of the motor\n\nPolice Offences Amendment Act 2025\nAct No. of 2025\ns. 29\n21\nvehicle in relation to\nwhich the offence was\nallegedly committed, at\nthe time of the alleged\noffence, and had authority\nto give consent to the\ndriving or use of the\nmotor vehicle; and\n(b) the person so specified did not\ngive consent to the driving or use\nof the motor vehicle by the\ndefendant in respect of the\nproceedings –\nis evidence of these matters.\n29. Repeal of Act\nThis Act is repealed on the first anniversary of\nthe day on which it commenced.\nGovernment Printer, Tasmania","sortOrder":1}],"analysis":{"summary":{"status_summary":"The Police Offences Amendment Bill 2025 was introduced in the Tasmanian House of Assembly and has passed that chamber; it is now before the Legislative Council for concurrence.","complexity_score":6,"likely_questions":["When does the new road rage offence come into effect?","What penalty units are currently worth in dollar terms?","How do the changes to police clamping powers affect my rights if my vehicle is confiscated?","Can the court return a vehicle that has been forfeited under the new rules?","Does the bill require any new regulations or guidelines to be published?"],"complexity_factors":["Multiple interacting amendments to vehicle clamping, confiscation, and forfeiture regimes","Changes from objective finding to reasonable belief trigger for police powers","New road rage offence with layered elements and driving-related act definition","Revised evidentiary provisions altering burden of proof in certain proceedings","Increased penalties across several offence categories with varying units and imprisonment terms","Interaction with other Tasmanian Acts (Road Safety, Passenger Transport Services, Personal Property Securities)"],"plain_english_summary":"The Police Offences Amendment Bill 2025 raises penalties for a range of assault and property offences, creates a new road‑rage offence, and broadens police powers to clamp, confiscate and forfeit vehicles based on reasonable belief rather than witnessing an offence. It also loosens evidentiary rules in certain prosecutions.\n\nIt affects drivers, vehicle owners, and people charged with assault or property offences in Tasmania — increasing enforcement reach and potential penalties, and giving police greater discretion over vehicle seizure and disposal."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This version noticeably broadens enforcement tools and substantive coverage beyond narrowly tweaking penalties. Compared with a baseline of updating offences, it: (1) creates a new road‑rage offence (s.37FA); (2) expands the scope of \"public place\" to include passenger ferries and passenger transport vehicles (s.4), which changes where offences apply; (3) substantially augments vehicle seizure/confiscation/forfeiture powers and lowers thresholds for police action by replacing \"finds a person committing\" with \"reasonable grounds for believing\" and by extending time windows for action (ss.37N, 37O–37Q); (4) introduces an automatic forfeiture pathway for evasion vehicles that extinguishes registered security interests (s.37QB(2)); and (5) shortens third‑party protection windows and disposal periods (ss.37ZB, 37ZH). Together these changes move the Bill from routine penalty adjustments toward a broader enforcement and asset‑forfeiture reform, increasing State power to seize and keep vehicles and shifting costs onto drivers, vehicle owners/operators and secured creditors. The one‑year repeal (s.29) means these broader changes are temporary, which affects how stakeholders will need to respond operationally and legally."},"complexity_factors":["Multiple, discrete amendments across ~29 sections of the Principal Act (widespread changes rather than a single focused change)","Insertion of a new offence with subjective/objective elements (s.37FA) requiring application of \"knows or ought to know\" and multiple consequence elements","Numerous penalty increases across different provisions (ss.6–8, 11, 19, 26) requiring parallel updates to enforcement and sentencing practice","Extensive changes to vehicle clamping/confiscation/forfeiture regime with layered timing rules (90 days to act, 3/6/12 month clamping periods, 6 month forfeiture trigger) and conditional cross-references (ss.37N, 37O–37QB)","Shift from \"finds a person committing\" to \"reasonable grounds for believing\" across several seizure provisions (ss.37N, 37O–37Q)—introduces evidentiary and judicial review complexity","Erosion of third‑party protections and alteration of challenge windows (s.37ZB: 14 days; s.37Y procedural timing), plus mandatory forfeiture timing (s.37Y(3))","Explicit extinguishment of Personal Property Securities Act‑registered security rights for evasion‑forfeited vehicles (s.37QB(2))—cross‑jurisdictional interaction with Commonwealth law","New evidentiary presumptions and substituted s.67A with several different presumptions and 'absence of evidence to the contrary' formulations (s.67A)","Insertion of definition tweaks (public place, computer includes mobile phone) that change application scope in non‑obvious ways (s.4, s.43AA)","Sunset clause repealing the Act after one year (s.29) adds temporal complexity for transitional and enforcement planning"],"plain_english_summary":"**What this Bill does (mechanics)\n\n- Creates a new criminal offence called \"road rage\": driving or doing a driving-related act on a public street that a person knows or ought to know is likely to cause alarm, distress, fear or result in damage/injury/collision (new s.37FA). The offence attracts up to a 50‑unit fine or 6 months imprisonment (s.37FA(1)).\n\n- Broadens the legal definition of \"public place\" to explicitly include vessels used as passenger ferries and vehicles used for passenger transport services (s.4). That affects where certain public‑place offences can be prosecuted.\n\n- Raises many maximum fines and some maximum prison terms for existing offences (assault, property offences, noise and vehicle‑related offences). For example, common and aggravated assault penalties are increased (s.6); several vehicle/property offence penalties are increased (ss.7, 8, 11, 19).\n\n- Strengthens vehicle clamping, confiscation and forfeiture powers when certain \"prescribed offences\" involving vehicles occur: police may act on \"reasonable grounds\" rather than only on finding someone in the act; a vehicle can be clamped/confiscated within 90 days after police form the belief that a prescribed offence occurred (s.37N(2)); periods for clamping/confiscation for first, second and later offences are lengthened in many cases (ss.37O–37P, 37QA); an evasion (failure to identify driver) regime can lead to forfeiture to the Crown after 6 months (s.37QB).\n\n- Changes the procedural timing and effects of forfeiture orders: the Court \"must make\" a forfeiture order in specified circumstances that takes effect 28 days after the order (s.37Y(3)); third‑party challenge windows and protections are shortened (s.37ZB); owners/operators get a narrow opportunity to ask the Court to stop forfeiture before the 6‑month evasion forfeiture (s.37QB(3)–(4)).\n\n- Removes and replaces some defences and evidentiary processes to make certain allegations in complaints presumptive evidence unless contradicted (new s.67A), and clarifies interpretation (computer includes mobile phone for Part VA — s.43AA).\n\n- The Act is time‑limited: it repeals itself one year after commencement (s.29).\n\n\nWho this affects and who decides\n\n- Offending drivers: face new offences, higher fines and longer potential jail terms, and longer risk that their vehicle will be clamped, confiscated or forfeited (ss.37FA, 37N–37QB, ss.6–8, 11).\n\n- Vehicle owners and registered operators: may have their vehicles clamped/confiscated/forfeited even if they were not the driver; they are given narrow procedural steps to avoid forfeiture (ss.37QB(3), 37Z, 37ZB). The bill extinguishes certain third‑party security rights for vehicles forfeited under the evasion regime (s.37QB(2)).\n\n- Police: gain lower thresholds for action (\"reasonable grounds\" instead of needing to \"find\" someone in the act), longer windows to clamp/confiscate (s.37N(2)), and clearer powers to dispose of forfeited vehicles (s.37QB(2)).\n\n- Courts: receive changed mandatory timing for forfeiture orders (s.37Y), new evidentiary presumptions (s.67A), and a narrowed but still available discretion to quash forfeiture on hardship grounds (s.37Y(7)–(8)).\n\n- Creditors and secured parties: rights to enforce security over an evasion vehicle can be extinguished if the vehicle is forfeited to the Crown (s.37QB(2)).\n\n\nWhy it matters (claimed purposes and practical trade‑offs)\n\n- Stated purpose claims: the Bill advances public safety and stronger enforcement against dangerous vehicle conduct (it creates a specific \"road rage\" offence (s.37FA) and toughens vehicle seizure/forfeiture tools). Those are procedural and substantive changes.\n\n- Costs and who pays: directly affects individuals whose driving or vehicles are implicated — they pay fines, possible imprisonment, and risk loss of use or ownership of vehicles (ss.37FA, 37N–37QB). Indirect costs fall on vehicle owners who must monitor drivers, and on secured creditors whose security may be extinguished for evasion vehicles (s.37QB(2)). Administration costs are borne by police and the State for storage, legal processes and disposal of vehicles, though disposal proceeds may be realised by the Crown (s.37QB(2)).\n\n- Incentives and behaviour changes: drivers face stronger deterrents (higher penalties and vehicle‑sanction risk). Owners/operators may change behaviour by restricting who can drive their vehicles or by improving record‑keeping so they can identify drivers quickly to avoid forfeiture (s.37QA–37QB). Passenger transport operators have blurred exposure because vehicles used in passenger services are explicitly public places (s.4).\n\n- Trade‑offs and opportunity costs: stronger seizure/forfeiture powers speed enforcement but increase administrative burden on police and courts and raise risks of property loss for people not personally responsible for an offence. Shorter windows for third‑party protection (s.37ZB) and automatic extinguishment of registered securities (s.37QB(2)) concentrate costs on secured lenders and potentially the broader credit market for vehicles.\n\n- Implementation and compliance risks: the shift from \"finds a person committing\" to \"reasonable grounds for believing\" (ss.37N, 37O–37Q) increases reliance on police judgment, which may raise litigation over standard of proof and cause more disputes. The 90‑day and multi‑month clamping/confiscation windows (ss.37N, 37O–37P) and the 6‑month automatic forfeiture trigger (s.37QB(2)) create administrative workflows (notifications, storage, court calendaring) that the police and courts must manage. The one‑year repeal (s.29) makes the whole package temporary and raises questions about transitional handling and evaluation.\n\n- Concentrated benefits and risks of capture: benefits (stronger enforcement tools) flow to police and to the Crown through vehicle forfeiture proceeds; costs are dispersed across individuals, vehicle owners/operators and secured creditors. The extinguishment of registered security interests for evasion vehicles (s.37QB(2)) is a concrete concentrated cost for secured lenders.\n\n\nConcrete changes to legal thresholds and timing (select examples)\n\n- Police may act on \"reasonable grounds\" rather than needing to catch a person in the act when clamping/confiscating (s.37N(1)–(2); ss.37O–37Q).\n- Clamping/confiscation windows are extended (e.g., 90 days to initiate clamping after the police belief; first‑offence clamping can be up to 3 months rather than 28 days (ss.37N(2), 37O(2)(b)). Second‑offence and some specific offences can trigger 6–12 month clamping/confiscation (s.37P(2)–(3)).\n- Evasion vehicles (driver unidentified) can be forfeited to the Crown after 6 months; registered security rights are extinguished for such forfeited vehicles (s.37QB(2)).\n- Third‑party challenge windows are shortened (s.37ZB(2): 14 days) and disposal periods shortened (s.37ZH(1): one month).\n\n\nNet effect summary\n\nMechanically, the Bill expands police powers over vehicle seizure and forfeiture, raises penalties for a range of offences, creates a new \"road rage\" offence, expands the definition of public place, tightens evidentiary presumptions, and shortens protections/options for third parties and secured creditors in vehicle forfeiture cases. It concentrates enforcement tools and forfeiture proceeds with the State while transferring greater legal and financial risk to drivers, vehicle owners, and secured parties. The package is temporary—set to expire one year after commencement (s.29).\n"}},"importantCases":[],"_links":{"self":"/api/acts/police-offences-amendment-bill-2025","history":"/api/acts/police-offences-amendment-bill-2025/history","analysis":"/api/acts/police-offences-amendment-bill-2025/analysis","conflicts":"/api/acts/police-offences-amendment-bill-2025/conflicts","importantCases":"/api/acts/police-offences-amendment-bill-2025/important-cases","documents":"/api/acts/police-offences-amendment-bill-2025/documents"}}