Police Offences Amendment Bill 2025
retrieval-0002Document excerpt 2
Police Offences Amendment Act 2025 Act No. of 2025 s. 28 19 (a) by omitting paragraph (ca) from subsection (1); (b) by inserting in subsection (2D) “section 37FA,” after “section 37B,”. 28. Section 67A substituted Section 67A of the Principal Act is repealed and the following section is substituted: 67A. Evidentiary provisions (1) In proceedings for an offence against section 13(2A), (2B) or (2C), section 25 or section 26, an allegation in the complaint – (a) that a substance referred to in the complaint was liquor; or (b) that a place specified in the complaint was, or was not, on a specified date a place specified in a licence or permit in force under the Liquor Licensing Act 1990 – is evidence of that matter. (2) In proceedings for an offence under section 20C, an allegation in the complaint is evidence that – (a) an official warning was authorised and given to the defendant; and
Police Offences Amendment Act 2025 Act No. of 2025 s. 28 20 (b) the official warning was in force at the time of the alleged contravention. (3) In the absence of evidence to the contrary, in proceedings for an offence against section 37, an allegation, in the complaint that gives rise to the proceedings, that – (a) a specified person was the owner of the property in relation to which the offence was allegedly committed; and (b) the specified person did not give consent to the destruction or injury of that property – is evidence of these matters. (4) In the absence of evidence to the contrary, in proceedings for an offence against section 37B, an allegation, in the complaint that gives rise to the proceedings, that – (a) a specified person was – (i) the owner, or registered operator, of the motor vehicle in relation to which the offence was allegedly committed; or (ii) the person lawfully in charge of the motor
Police Offences Amendment Act 2025 Act No. of 2025 s. 29 21 vehicle in relation to which the offence was allegedly committed, at the time of the alleged offence, and had authority to give consent to the driving or use of the motor vehicle; and (b) the person so specified did not give consent to the driving or use of the motor vehicle by the defendant in respect of the proceedings – is evidence of these matters. 29. Repeal of Act This Act is repealed on the first anniversary of the day on which it commenced. Government Printer, Tasmania