TASIn ForceAct
Police Offences Act 1935
7Loiterers, &c.
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### 7 Loiterers, &c.
> > (1) *\[Section 7 Subsection (1) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*A person, being a suspected person or reputed thief, shall not –
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> > > > (a) be in or upon any building whatsoever or in any enclosed yard, garden, or area for any unlawful purpose; or
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> > > > (b) [*\[Section 7 Subsection (1) amended by No. 15 of 2014, s. 5, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS5@Hpa@EN) frequent or loiter in or near any public place, or any river, or navigable stream with intent to commit a crime or an offence.
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> > (2) [*\[Section 7 Subsection (2) amended by No. 15 of 2014, s. 5, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS5@Hpc@EN) [*\[Section 7 Subsection (2) amended by No. 15 of 2014, s. 5, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS5@Hpb@EN) In proving under this section intent to commit a crime or an offence it shall not be necessary to show that the person charged was guilty of any particular act tending to show his intent, and he may be convicted if from the circumstances of the case and from his known character as proved to the court before which he is charged it appears to such court that his intent was to commit a crime or an offence.
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> > (3) [*\[Section 7 Subsection (3) amended by No. 39 of 2007, s. 4, Applied:21 Nov 2007\]*](/view/html/inforce/2007-11-21/act-2007-039#GS4@EN) *\[Section 7 Subsection (3) amended by No. 13 of 1987, s. 5 and Sched. 1 \]*[*\[Section 7 Subsection (3) substituted by No. 15 of 2014, s. 5, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS5@Hpd@EN) If a police officer has reasonable grounds to believe that a person is contravening [subsection (1)](#GS7@Gs1@EN) , the police officer may, using such force, means and assistance as is reasonably necessary –
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> > > > (a) detain and search that person; and
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> > > > (b) seize any implement or instrument found on that person that the police officer considers could be used for an unlawful purpose or to commit a crime or an offence.
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> > (4) [*\[Section 7 Subsection (4) substituted by No. 15 of 2014, s. 5, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS5@Hpd@EN) On conviction of a person of an offence against [subsection (1)(a)](#GS7@Gs1@Hpa@EN) or [(b)](#GS7@Gs1@Hpb@EN) , any implement or instrument seized under [subsection (3)(b)](#GS7@Gs3@Hpb@EN) is forfeited to the Crown.
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> > (5) [*\[Section 7 Subsection (5) amended by No. 15 of 2014, s. 5, Applied:19 Dec 2014\]*](/view/html/inforce/2014-12-19/act-2014-015#GS5@Hpe@EN) *\[Section 7 Subsection (5) added by No. 13 of 1987, s. 5 and Sched. 1 \]*A person who contravenes a provision of [subsection (1)](#GS7@Gs1@EN) is guilty of an offence and is liable on summary conviction to imprisonment for a term not exceeding 6 months.