What it does
The Police Offences Act 1935 (the Act) is a foundational piece of Tasmanian legislation that criminalises a broad spectrum of behaviours disruptive to public order, while conferring extensive enforcement powers on police. At its core, the Act operates as a "catch-all" for summary offences that do not warrant full Criminal Code prosecution but require swift intervention to maintain community safety. Part II (General Police Provisions) forms the bulk of substantive offences, divided into categories such as drunkenness and public annoyances (Division I), prohibited items and symbols (e.g. ss.6A-6D on gang insignia and Nazi gestures), loitering (ss.7-7B), indecent exposure and disorder (ss.8, 10-14), and specific prohibitions on dangerous articles, graffiti, crossbows, body armour, laser pointers, and street entertainment (ss.15C-16).
Key mechanisms include detailed definitions in s.3 (over 30 terms, frequently amended—e.g. "dangerous article" expanded in 2016 to explicitly include knives; "public place" lists 20+ categories including rail infrastructure per the Rail Safety National Law). Recent additions like ss.3A-3B (explosive device/substance, inserted 2025) reflect evolving threats. Police powers are operationalised throughout: e.g. s.4A allows custody of intoxicated persons for up to 8-12 hours in a "place of safety"; s.6B authorises search/seizure for prohibited items; s.7(3) permits warrantless search for loiterers; and s.15C(2) allows stops for dangerous articles. Forfeiture is routine—see ss.6B(2), 7(4), 13(3AAB), 13A(2E), 14B(6), 15C(5), 37(4).
The Act interacts with penalty units (currently $200 per unit under the Penalty Units and Other Penalties Act 1985) and doubles penalties for recidivism within 6 months (e.g. ss.4(2), 12(2), 13(3A)). Part III covers assaults (s.35, with aggravation for pregnancy per 2017 amendments), while Part IV addresses property damage (s.37) and Part V dishonesty (ss.38A-39, including computer offences in Part VA, ss.43A-43E). Part VII grants arrest powers (s.55, expanded for family violence in 1992 and Nazi offences in 2023), search warrants (implied via common law but supplemented), and infringement notices (Division IV, s.61, for minor breaches like offensive language).