TASIn ForceAct
Police Offences Act 1935
10Disorderly houses
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### 10 Disorderly houses
> > (1) [*\[Section 10 Subsection (1) amended by No. 15 of 2014, s. 9, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS9@Hpa@EN) *\[Section 10 Subsection (1) amended by No. 32 of 1963, s. 4 \]**\[Section 10 Subsection (1) amended by No. 55 of 1965, s. 5 \]**\[Section 10 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*A person occupying or keeping any house, shop, room or other premises shall not–
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> > > > (a) permit or suffer any breach of the peace or riotous or disorderly conduct therein;
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> > > > (b) [*\[Section 10 Subsection (1) amended by No. 42 of 2005, s. 31, Applied:01 Jan 2006\]*](/view/html/inforce/2006-01-01/act-2005-042#GS31@EN) . . . . . . . .
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> > > > (c) [*\[Section 10 Subsection (1) amended by No. 1 of 2001, s. 7, Applied:12 Apr 2001\]*](/view/html/inforce/2001-04-12/act-2001-001#GS7@EN) . . . . . . . .
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> > > > (d) [*\[Section 10 Subsection (1) amended by No. 1 of 2001, s. 7, Applied:12 Apr 2001\]*](/view/html/inforce/2001-04-12/act-2001-001#GS7@EN) . . . . . . . .
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> > (1A) *\[Section 10 Subsection (1A) inserted by No. 13 of 1987, s. 5 and Sched. 1 \]*A person who contravenes a provision of [subsection (1)](#GS10@Gs1@EN) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.
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> > (2) [*\[Section 10 Subsection (2) substituted by No. 15 of 2014, s. 9, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS9@Hpb@EN) If a police officer has reasonable grounds to believe that an offence against [subsection (1A)](#GS10@Gs1A@EN) is being or has been committed in any house, shop, room or other premises, the police officer may –
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> > > > (a) without warrant and using such force, means and assistance as is reasonably necessary, enter the house, shop, room or other premises; and
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> > > > (b) direct any person found at the house, shop, room or other premises to leave that house, shop, room or other premises and not return for a specified period of not less than 12 hours.
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> > (3) *\[Section 10 Subsection (3) amended by No. 55 of 1965, s. 5 \]**\[Section 10 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*The court before whom any such offender is convicted may further order him to find security, in a sum to be fixed by the court, for his good behaviour for a period not exceeding 12 months, under a penalty not exceeding 2 penalty units, and in the event of such security not being found, may sentence the person offending to imprisonment for a term not exceeding 2 months.
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> > (4) *\[Section 10 Subsection (4) amended by No. 55 of 1965, s. 5 \]**\[Section 10 Subsection (4) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*If any person is found guilty of any such offence a second time, it shall be lawful for the court, on the application of 3 householders, by warrant to order such person to be removed from the premises occupied, or kept by him, and to impose such further penalty on such offender, not exceeding 2 penalty units, as to the court may seem fit.
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> > (5) [*\[Section 10 Subsection (5) inserted by No. 15 of 2014, s. 9, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS9@Hpc@EN) [Subsection (2)(b)](#GS10@Gs2@Hpb@EN) does not apply to the owner or tenant of the house, shop, room or other premises.
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> > (6) [*\[Section 10 Subsection (6) inserted by No. 15 of 2014, s. 9, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS9@Hpc@EN) A person who refuses or fails to comply with a direction from a police officer under [subsection (2)(b)](#GS10@Gs2@Hpb@EN) is guilty of an offence and liable to a fine not exceeding 20 penalty units.