These regulations set concrete rules for policing behaviour: they name public places (and times) where drinking is banned, prescribe certain traffic offences that can attract vehicle clamping or confiscation (and allow photographic speeding evidence), list specific motorcycle clubs as "identified organisations", and fix permit fees, large monetary thresholds and infringement penalties. Offenders pay fines, fees or face vehicle seizure; police make enforcement decisions under the prescribed tests. The measures change incentives by raising enforcement risk for public drinking and repeat/high-speed driving.
These Regulations (Police Offences Regulations 2024) set out detailed, operational rules that implement and amplify parts of the Police Offences Act 1935 by prescribing places, times, persons, offences, fees and penalty amounts. They do not recreate the Act; instead they specify particulars the Act requires be prescribed. Key mechanical changes introduced by the Regulations are:
Prescribing particular public places where consumption of liquor is forbidden under section 25 of the Act, both on a permanent basis (Franklin Square; Glenorchy Council Memorial Gardens; North Hobart Cultural Park and Skate Park; St Davids Park) and on a periodic/time-limited basis (Hobart Regatta Grounds, Hobart Rivulet Linear Park, John Doggett Park, Parliament House Grounds, Princes Park, Salamanca Lawns, Soundy Park, Tasman Monument, University Rose Gardens) (reg 4; reg 5).
Prescribing specific offences that trigger the Act’s Division 2 of Part IVA powers for confiscation and clamping of vehicles (offences against section 13 of the Vehicle and Traffic Act 1999 where the offender has been charged previously with that section or section 19A of the Road Safety (Alcohol and Drugs) Act 1970; and speeding offences where the prescribed speed-limit is exceeded by 45 km/h or more) and authorising a police officer to rely on a photographic detection device photograph in finding that such a speeding offence occurred (reg 6(1) and (2)).
Setting the prescribed amount for a special compulsory penalty under section 37MA of the Act at 4 penalty units (reg 7).
Naming identified organisations for the purposes of section 6A(3) of the Act by listing seven motorcycle clubs by name (reg 8).
Defining and prescribing places for the purposes of section 15CAA of the Act by providing definitions (education facility, public transport area, retail precinct, retail premises, set down area) and listing a range of places and vehicle types to which section 15CAA will apply (reg 8A).
Current sections
Direct links to the current provisions in Police Offences Regulations 2024.
Public places where liquor consumption is prohibited
4 Public places where liquor consumption is prohibited
The following places are prescribed as public places for the purposes of section 25 of the Act:
(a) the area of land specified in Part 1 of Schedule 1 and known as Franklin Square;
(b) the area of land specified in Part 2 of Schedule 1 and known as Glenorchy Council Memorial Gardens;
(c) the area of land specified in Part 3 of Schedule 1 and known as North Hobart Cultural Park and Skate Park;
(d) the area of land specified in Part 4 of Schedule 1 and known as St Davids Park.
5
Public places where liquor consumption periodically prohibited
5 Public places where liquor consumption periodically prohibited
(1) A public place specified in subregulation (2) is prescribed as a public place to which section 25 of the Act applies only during the periods, and at the times, specified for that public place in subregulations (3) , (4) and (5) .
(2) For the purposes of subregulation (1) , the public places are as follows:
(a) the area of land specified in Part 5 of Schedule 1 and known as Hobart Regatta Grounds;
(b) the area of land specified in Part 6 of Schedule 1 and known as Hobart Rivulet Linear Park;
(c) the area of land specified in Part 7 of Schedule 1 and known as John Doggett Park;
(d) the area of land specified in Part 8 of Schedule 1 and known as Parliament House Grounds;
(e) the area of land specified in Part 9 of Schedule 1 and known as Princes Park;
(f) the area of land specified in Part 10 of Schedule 1 and known as Salamanca Lawns;
(g) the area of land specified in Part 11 of Schedule 1 and known as Soundy Park;
(h) the area of land specified in Part 12 of Schedule 1 and known as Tasman Monument;
(i) the area of land specified in Part 13 of Schedule 1 and known as University Rose Gardens.
(3) For the purposes of the public places specified in subregulation (2)(a) , (b) , (c) , (g) and (i) , the period and time is every day of the year between the hours of 8 p.m. and 8 a.m. the following day.
(4) For the purposes of the public places specified in subregulation (2)(d) , (f) and (h) , the periods and times are –
(a) from 10 December in any year to 1 January the following year, inclusive, between the hours of 3 p.m. on any of those days and 10 a.m. the following day; and
(b) from 2 January in any year to 9 December in that year, inclusive, between the hours of 10 p.m. on any of those days and 10 a.m. the following day.
(5) For the purposes of the public place specified in subregulation (2)(e) , the period and time is every day of the year between the hours of 10 p.m. and 10 a.m. the following day.
Part 3
Confiscation and Clamping of Vehicles
Part 3 Confiscation and Clamping of Vehicles
6
Prescribed offences
6 Prescribed offences
(1) For the purposes of Division 2 of Part IVA of the Act, the following offences are prescribed:
(b) a speeding offence if the prescribed speed-limit is exceeded by 45km/h or more.
(2) In the application of Division 2 of Part IVA of the Act to a speeding offence, a police officer may find that a person has committed such an offence as result of the examination of a photograph from a photographic detection device.
7
Special compulsory penalty for section 37MA of Act
7 Special compulsory penalty for section 37MA of Act
For the purposes of section 37MA of the Act, the prescribed amount (of the fine constituting the special compulsory penalty) is 4 penalty units.
Part 4
Miscellaneous
Part 4 Miscellaneous
8
Identified organisations for purposes of section 6A(3) of Act
8 Identified organisations for purposes of section 6A(3) of Act
For the purposes of section 6A(3) of the Act, the following organisations are each prescribed to be an identified organisation:
(a) the motorcycle club known as Outlaws;
(b) the motorcycle club known as Rebels;
(c) the motorcycle club known as Bandidos;
(d) the motorcycle club known as Black Uhlans;
(e) the motorcycle club known as Devil’s Henchmen;
(f) the motorcycle club known as Nomads;
(g) the motorcycle club known as Finks.
8A
Prescribed places for purposes of section 15CAA of Act
8A Prescribed places for purposes of section 15CAA of Act
(d) a vessel used in the operation of a public ferry service;
(e) a place where sport is played or exhibited;
(f) a licensed premises or any place used for the assembly of members of the public for social, entertainment or recreational purposes;
(g) a facility or place where medical or health services are provided;
(h) an education facility;
(i) a place of worship or place where individuals or a group of persons congregate for religious or ritual purposes or to perform acts of devotion;
(j) a car park or set down area that forms part of, or is used for the purpose of access to, a place specified in this regulation.
9
Prescribed person for purposes of section 37JA of Act
9 Prescribed person for purposes of section 37JA of Act
For the purposes of section 37JA(3)(e) of the Act, prescribed persons are persons who are employed, or engaged, by a department while those persons are acting in the course of their duties under one or more of the following Acts:
(a) an offence against a provision of the Act specified in column 2 of the table in Schedule 3 is prescribed as an offence for which an infringement notice may be issued and served; and
(b) a penalty specified in column 3 of that table is prescribed as the penalty for the offence to which it relates.
SCHEDULE 1 - Public Places
SCHEDULE 1 - Public Places
SCHEDULE 1 - Public Places SCHEDULE 1 - Public Places
(a) about 1.932 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9522 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 6 of Schedule 2 ; and
(b) about 1.16 hectares, shown as Lot 2 and bounded by a heavy black line and shaded on Plan 9523 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 7 of Schedule 2 ; and
(c) about 9 154 square metres, shown as Lot 3 and bounded by a heavy black line and shaded on Plan 9524 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 8 of Schedule 2 .
These regulations are administered in the Department of Police, Fire and Emergency Management.
Source text: opening excerpt
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
These regulations may be cited as the Police Offences Regulations 2024 .
2 Commencement
2 Commencement
These regulations take effect on 10 December 2024.
3 Interpretation
3 Interpretation
In these regulations –
Act means the Police Offences Act 1935 ;
photographic detection device has the same meaning as in the Vehicle and Traffic Act 1999 ;
speeding offence has the same meaning as in the Vehicle and Traffic Act 1999 .
Part 2 Consumption and Possession of Liquor
Part 2 Consumption and Possession of Liquor
4 Public places where liquor consumption is prohibited
4 Public places where liquor consumption is prohibited
The following places are prescribed as public places for the purposes of section 25 of the Act:
(a) the area of land specified in Part 1 of Schedule 1 and known as Franklin Square;
(b) the area of land specified in Part 2 of Schedule 1 and known as Glenorchy Council Memorial Gardens;
(c) the area of land specified in Part 3 of Schedule 1 and known as North Hobart Cultural Park and Skate Park;
(d) the area of land specified in Part 4 of Schedule 1 and known as St Davids Park.
5 Public places where liquor consumption periodically prohibited
5 Public places where liquor consumption periodically prohibited
(1) A public place specified in is prescribed as a public place to which of the Act applies only during the periods, and at the times, specified for that public place in , and .
Prescribing which persons count as prescribed persons for the purpose of section 37JA(3)(e) of the Act, namely departmental employees engaged in duties under the Biosecurity Act 2019 or Nature Conservation Act 2002 (reg 9).
Fixing a fee for a permit under section 49(3) of the Act at 26 fee units (reg 10).
Specifying prescribed monetary amounts relevant to section 49(6)(a)(i)-(iii) of the Act ($10,000,000; $15,000,000; $15,000,000 respectively) (reg 11).
Authorising infringement notices for a set of Act provisions and prescribing the penalty units for each, as displayed in Schedule 3 (reg 12; Schedule 3).
Providing cadastral/plan-based descriptions and illustrative plans for the public places in Schedule 1 and Schedule 2 to assist with locational application of the prohibition rules (Schedules 1 and 2).
The Regulations commence on 10 December 2024 and were notified in the Gazette on 27 November 2024. They are administered by the Department of Police, Fire and Emergency Management. One express amendment is recorded within the instrument: regulation 8A was inserted by No. 10 of 2025, s 9, applied 16 June 2025; that insertion expands the scope and definitions for section 15CAA purposes. The Regulations therefore operate by specifying the factual triggers, amounts and geographic boundaries that make the Act’s powers executable.
Main concepts
The Regulations organise around several structural concepts: prescribed places and times, prescribed offences and evidentiary modalities, prescribed persons and organisations, monetary prescriptions (fees and statutory amounts), and a schedule of infringement penalties.
Prescribed places and times (reg 4; reg 5; Schedule 1 and Schedule 2)
The Regulations identify exact parcels of land by name and, in Schedule 2, by plan references and approximate areas. For some places the prohibition on liquor consumption is continuous; for others it operates only during defined hours and date ranges. The locational prescriptions are granular: some entries are approximate area measures expressed as hectares or square metres; others are explicit plan-bound lots with Central Plan Register plan numbers. The inclusion of illustrative plans in Schedule 2 signals that enforcement relies on plan-based boundary definitions rather than only colloquial place names.
Prescribed offences and evidentiary basis for enforcement (reg 6)
The Regulations make specific traffic offences eligible for vehicle-clamping and confiscation powers contained in Division 2 of Part IVA of the Act. Two mechanical triggers are set: repeat charging history in respect of section 13 of the Vehicle and Traffic Act 1999 (or prior charge for s 19A of the Road Safety (Alcohol and Drugs) Act 1970), and very high-speed breaches (exceeding the limit by 45 km/h or more). The Regulations expressly permit a police officer to rely on a photograph from a “photographic detection device” (term taken from the Vehicle and Traffic Act 1999) to make that finding, thereby validating automated or camera-based evidence for triggering the Act’s vehicle-related powers.
The Regulations both fix penalty unit amounts for particular statutory consequences (special compulsory penalty of 4 penalty units in reg 7) and fix monetary thresholds for unspecified consequences under section 49(6)(a) of the Act ($10m and $15m figures). They also set the permit fee under s 49(3) at 26 fee units. The infringement regime sets penalty unit amounts for dozens of Act provisions in Schedule 3, from 0.5 to 10 penalty units depending on the section.
Prescribed persons and organisations (regs 8, 9)
The instrument lists named organisations for s 6A(3) purposes, all motorcycle clubs (Outlaws; Rebels; Bandidos; Black Uhlans; Devil’s Henchmen; Nomads; Finks). It also prescribes persons employed or engaged by a department performing duties under Biosecurity Act 2019 or Nature Conservation Act 2002 as “prescribed persons” for s 37JA(3)(e). The Regulations thus both target collective entities by name and specify individual status for staff carrying out certain departmental duties.
Extension of place categories for another Act provision (reg 8A)
Regulation 8A supplies detailed definitional scaffolding for “education facility”, “public transport area”, “retail precinct”, “retail premises”, and “set down area”, and then enumerates a broad list of places to which section 15CAA of the Act applies (public transport areas, retail precincts, large passenger vehicles, ferries, sporting venues, licensed premises, health facilities, education facilities, places of worship, car parks/set down areas associated with those places). This turns a potentially vague statutory term into a broad set of specified locations.
Taken together, the Regulations operate by narrowing the discretionary elements of the Act into concrete lists, plans and amounts; they create defined triggers for enforcement and provide police with an evidentiary pathway for camera-derived speed findings.
Who it affects
The Regulations affect multiple discrete groups; for each group the instrument identifies the concrete legal triggers and likely behavioural consequences.
Individuals consuming liquor in public places:
Anyone physically present in the public places named in regulation 4 (Franklin Square; Glenorchy Council Memorial Gardens; North Hobart Cultural Park and Skate Park; St Davids Park) is subject to an absolute prohibition on consumption of liquor under section 25 of the Act as applied by the Regulations. For the places in regulation 5, individuals are subject to time-limited prohibitions depending on the place and the hour ranges specified (reg 5(3)-(5); Schedule 1 and Schedule 2). The acting parties who may enforce those prohibitions are not set out in the Regulations, but the prohibitions apply to persons occupying those spaces during the proscribed periods.
Motorists and vehicle owners/drivers:
Drivers who commit specified traffic offences become subject to the confiscation and clamping regime in Division 2 of Part IVA of the Act when the offences fall within the prescriptions in reg 6(1). Two concrete triggers are: (a) an offence under section 13 of the Vehicle and Traffic Act 1999 where the person has previously been charged at least once with that section or section 19A of the Road Safety (Alcohol and Drugs) Act 1970; (b) a speeding offence exceeding the prescribed speed limit by 45 km/h or more. The Regulations also expand the evidentiary basis for a finding of the specified speeding offence by permitting reliance on photographic detection device images (reg 6(2)). Owners, drivers and related insurers may therefore face clamping/confiscation consequences where these triggers are met.
Named motorcycle clubs:
The seven motorcycle clubs listed in reg 8 (Outlaws, Rebels, Bandidos, Black Uhlans, Devil’s Henchmen, Nomads, Finks) are expressly “identified organisations” for the purpose of section 6A(3) of the Act. The practical legal consequence depends on the statutory content of s 6A, which the Regulations do not reproduce, but the named clubs are singled out for whatever obligations or consequences s 6A(3) confers.
Departmental employees exercising certain statutory duties:
Persons employed or engaged by a department who perform duties under the Biosecurity Act 2019 or the Nature Conservation Act 2002 are specified as “prescribed persons” for the purposes of section 37JA(3)(e) (reg 9). The effect is that those employees are treated as prescribed persons under the relevant Act provision when they are acting in those duties.
Event organisers, property managers and local authorities:
Entities responsible for the listed public places, or organising events in them, face operational impacts. They must account for time-based liquor prohibitions and may need to seek permits under section 49 of the Act (for which the permit fee is prescribed at 26 fee units under reg 10), or ensure compliance with signage or other requirements derived from the Act. The presence of plan-based boundary definitions in Schedule 2 means responsible entities should check the plan numbers to determine whether their land is captured.
Persons subject to infringement notices:
Schedule 3 prescribes which sections of the Act attract infringement notices and the penalty units for each offence. Individuals and corporations who engage in conduct covered by those listed Act sections may receive infringement notices with the monetary consequence determined by the penalty unit amount set in Schedule 3.
Operators of public transport, retail precincts, large passenger vehicles, ferry operators, sporting venues, licensed premises, health facilities, educational institutions, worship places and associated car parks:
Those categories are explicitly prescribed in reg 8A(2) as places for the purposes of section 15CAA. Operators and owners of these places should be alert to the application of section 15CAA as qualified by the Regulations, as it may impose duties, prohibitions or enforcement outcomes linked to that statutory provision.
This is an instrument that allocates costs and obligations across many private parties (individuals consuming alcohol; motorists; named organisations; property managers; event organisers), and it also creates delineated categories of public servants and places for specific statutory treatments.
Key duties and rights
The Regulations primarily impose prohibitions, prescribe evidentiary powers and fix financial liabilities; they do not create freestanding rights beyond those contained in the parent Act. The principal duties and legally significant entitlements arising from the text are:
Duty to refrain from consuming liquor in prescribed places and times:
Under regulation 4, certain areas are prescribed as public places for the purposes of section 25 of the Act, which (by the Act) prohibits consumption of liquor in public places. The duty to avoid consuming liquor therefore applies continuously in the places listed in reg 4. Regulation 5 prescribes places where the duty is time-limited; for example, Hobart Regatta Grounds and others are subject to daily prohibitions between 8 p.m. and 8 a.m. (reg 5(3)), while Parliament House Grounds, Salamanca Lawns and Tasman Monument have two annual bands with differing hours (reg 5(4)), and Princes Park is prohibited daily between 10 p.m. and 10 a.m. (reg 5(5)). The Regulations thereby delineate when and where the duty to refrain applies.
Right of enforcement by police (and evidentiary modalities):
Regulation 6(2) explicitly allows a police officer to find a person committed a qualifying speeding offence from examination of a photograph taken by a photographic detection device. The regulation thus delegates to police an evidentiary pathway to reach a legal finding based on photographic evidence. The practical right is a procedural tool for enforcement agencies; the duty it imposes on citizens is to accept that photographic evidence can support findings that may trigger vehicle-clamping/confiscation consequences under Division 2 of Part IVA of the Act.
Triggered vehicle-clamping/confiscation duties and consequences:
Regulation 6(1) prescribes which offences engage the Act’s Division 2 clamping/confiscation powers. If a person meets the factual predicates in reg 6(1), they may face duties to surrender vehicles or to comply with clamping/confiscation processes under the Act. The specific rights of appeal, review, redemption, release or retention after seizure are governed by the Act and are not restated here; practitioners will need to consult those Act provisions to identify procedural rights against clamping/confiscation.
Permit fee and associated permit duties:
Regulation 10 prescribes the fee for a permit under section 49(3) of the Act at 26 fee units. If a person seeks or is required to hold a permit under s 49, they have the duty to pay that fee. Regulation 11 prescribes three monetary amounts for different subparagraphs of section 49(6)(a). Those amounts likely tie to thresholds or limits in s 49(6)(a), creating duties or conditions in relation to whether a permit is required or what rights attach.
Monetary liabilities for infringements and special compulsory penalty:
Regulation 7 prescribes that the special compulsory penalty under section 37MA of the Act is 4 penalty units. Regulation 12 together with Schedule 3 prescribes penalty unit amounts for a range of Act sections for the purposes of infringement notices. The duty to pay a monetary penalty upon issue of an infringement notice follows from the Act combined with these Regulations.
Duties respecting prescribed organisations and persons:
For the named motorcycle clubs, being an “identified organisation” under reg 8 triggers whatever requirements or legal consequences flow from section 6A(3) of the Act. For departmental employees engaged under the Biosecurity Act 2019 or Nature Conservation Act 2002 the prescriptive status under reg 9 means that the particular treatment in s 37JA(3)(e) applies when they are acting in that capacity.
Two points on legal form and limits:
The Regulations supply particulars to implement Act provisions; they do not alter the Act’s text. Accordingly, the full scope of duties, procedural entitlements, defences, and appeal rights remains located in the Act (for example, the full mechanics of vehicle-clamping/confiscation or of section 15CAA are not reproduced here).
Several duties are time- or place-contingent. Compliance therefore requires reading the Regulations together with the Act to determine when a duty is engaged (for example, whether a person in a place is within the hours prescribed in reg 5).
Penalties and enforcement
The Regulations both authorise enforcement modalities and set the monetary stakes for many infringements. The enforcement architecture they create has several concrete components.
Infringement notices and penalty units (reg 12; Schedule 3)
Regulation 12 prescribes offences under the Act for which infringement notices may be issued and served, and Schedule 3 gives the penalty unit amount for each listed section. The table covers a wide range of Act sections, including low-value infringements (for example 0.5 penalty units for section 13(7)) and more substantial ones (10 penalty units for section 37G(1) and section 37GA(3)). Several mid-range penalties are present, including 5 penalty units for section 15CA(1) and (4) and 5 penalty units for section 37JA(1). The penalty units are the unit of currency for most infringement notices; the Regulations do not convert penalty units to dollars, so the monetary value requires reference to the governing fee unit legislation.
Special compulsory penalty (reg 7)
For the purposes of section 37MA of the Act the Regulations set the special compulsory penalty at 4 penalty units. The Act’s section 37MA prescribes a special compulsory penalty mechanism; the Regulations fix its magnitude.
Vehicle-clamping and confiscation triggers (reg 6)
Regulation 6 prescribes which offences will attract the Act’s Division 2 of Part IVA powers to clamp or confiscate vehicles. The practical enforcement consequence is that meeting the prescribed offence conditions authorises police to exercise the Act’s vehicle-removal powers. The Regulations also permit a police officer to make a finding of a qualifying speeding offence on the basis of examination of a photographic detection device photograph (reg 6(2)), thereby enabling automated camera evidence to be deployed as a basis for vehicle-clamping/confiscation processes.
Permit fee (reg 10) and large monetary prescriptions (reg 11)
The permit fee under s 49(3) is prescribed at 26 fee units. The Regulations also set prescribed amounts for s 49(6)(a) at $10,000,000 and $15,000,000 in the specified subparagraphs. Those amounts may relate to financial thresholds in s 49 that affect liability or permit outcomes; their presence in the Regulations fixes very high monetary benchmarks that will matter where s 49(6)(a) is engaged.
Geographical enforcement
The Regulations ground place-based enforcement in cadastral/plan references in Schedule 2. Enforcement of the liquor-consumption prohibitions therefore rests on plan-defined boundaries and time windows. The plans are illustrative; the Schedule entries include approximate areas. Enforcement will require practical use of the plan references to determine whether a person was in a prescribed place at the relevant time.
Administration and issuing authority
The instrument is administered by the Department of Police, Fire and Emergency Management. Enforcement powers under the Act will be exercised by police officers; the Regulations confer evidentiary facilitation to them (notably photographic evidence under reg 6(2)). Infringement notices are issued under section 61 of the Act, as qualified by reg 12.
Enforcement risk areas emerging from the text:
Use of photographic detection device evidence for clamping/confiscation triggers a reliance on automated evidence in criminal/administrative processes; the Regulations authorise this procedural step (reg 6(2)) without stating secondary evidentiary safeguards or thresholds beyond the photographic examination itself.
The vehicle-clamping triggers refer to prior “charge” (reg 6(1)(a)), not prior “conviction”. This expands the set of persons who may become subject to clamping, because a prior charge that did not result in conviction potentially suffices for the prescription.
The Schedule 3 penalty units range from half a unit to ten units; understanding the practical financial amounts requires cross-reference to fee unit valuation legislation.
Practitioners should therefore cross-reference the Act for appeal, review and procedural rights against enforcement actions, and review the fee unit rules to calculate monetary exposure.
How it interacts with other laws
The Regulations operate by cross-referencing and incorporating definitions and provisions from several other statutory instruments. They do not alter those Acts but make the Police Offences Act 1935 operative in contexts established by other legislation. Key interactions are explicit in the text.
Vehicle and Traffic Act 1999 (definitions and offences)
Regulation 3 interprets “photographic detection device” and “speeding offence” by reference to the Vehicle and Traffic Act 1999. Regulation 6(1) prescribes an offence against section 13 of that Act as a predicate for clamping/confiscation if the offender has prior charges. Regulation 6(2) expressly permits reliance on a photograph from a photographic detection device (a definition sourced from the Vehicle and Traffic Act 1999) as evidence that a person committed a prescribed speeding offence. The effect is an operational nexus: camera-based traffic enforcement under the Vehicle and Traffic Act can feed into vehicle-clamping/confiscation powers under the Police Offences Act.
Road Safety (Alcohol and Drugs) Act 1970
Regulation 6(1)(a)(ii) includes prior charges under section 19A of the Road Safety (Alcohol and Drugs) Act 1970 as a qualifying prior charge that can elevate a later section 13 Vehicle and Traffic Act offence into the category prescribed for clamping/confiscation under the Police Offences Act. The Regulations therefore cross-link alcohol/drug driving offences with vehicle-confiscation consequences.
Public Health Act 1997
Regulation 8A borrows statutory language from the Public Health Act 1997 for definitions of pedestrian mall and bus mall when defining “public transport area” and “retail precinct” (reg 8A(1)). This means the geographic scope of certain public spaces is defined by cross-reference to the Public Health Act.
Passenger Transport Services Act 2011
Regulation 8A defines “set down area” and references a “large passenger vehicle within the meaning of the Passenger Transport Services Act 2011” when specifying additional prescribed places under s 15CAA. Thus, the transport regulatory framework is used to identify which vehicles and areas fall within the Police Offences Act’s s 15CAA ambit.
Biosecurity Act 2019 and Nature Conservation Act 2002
Regulation 9 prescribes persons as “prescribed persons” for s 37JA(3)(e) when they are employed/engaged by a department and are acting under duties imposed by the Biosecurity Act 2019 or the Nature Conservation Act 2002. The interaction is classificatory: employees performing duties under those Acts acquire a status under the Police Offences Act.
Fee unit and monetary prescription frameworks
The Regulations set fee and monetary figures (e.g., 26 fee units; $10,000,000; $15,000,000) that will interact with broader statutory frameworks that establish the value of a fee unit and how monetary penalties are administered. The Regulations do not themselves set the fee-unit dollar value; that remains located in the general fee unit legislation.
Rules Publication Act 1953
The instrument notes that the Schedule 3 table is displayed and numbered in accordance with the Rules Publication Act 1953, reflecting procedural compliance with rules about publication and formatting.
In short, the Regulations are an implementation layer that binds together the Police Offences Act with multiple other Acts by adopting definitions, thresholds and evidence sources from them. Practitioners must therefore read the Regulations with the referenced Acts to determine final substantive effects; the Regulations determine what factual triggers matter, while the referenced Acts determine substantive liability, procedural rights and regulatory values.
Amendment history
The Regulations record limited amendment history within the document itself. Two items are evident:
Initial instrument details:
The Regulations are titled Police Offences Regulations 2024. They were notified in the Gazette on 27 November 2024 and commence on 10 December 2024, as stated at the head of Part 1 (reg 1 and reg 2) and at the end of the document.
Insertion of regulation 8A:
Regulation 8A carries a bracketed insertion note: "[Regulation 8A Inserted by No. 10 of 2025, s. 9, Applied:16 Jun 2025]". This documents a subsequent amendment in 2025 that added the definitions and the prescribed places for section 15CAA purposes. The note indicates the amending instrument (No. 10 of 2025), the amending section (s 9), and the date the insertion took effect (16 June 2025). The presence of that note inside the Regulations is the only express amendment history recorded in-text.
There is no further internal record of earlier or later amendments, revocations, or transitional provisions in the text provided. The Regulations are therefore relatively static in the instrument as presented, with one recorded addition (regulation 8A) after initial notification. For comprehensive amendment history practitioners should inspect the published consolidated version and the Tasmanian legislation database for any subsequent amending instruments beyond the one recorded.
Two operational consequences follow from the documented amendment:
The 2025 insertion expanded the scope of s 15CAA by providing definitional clarity and a long list of places and vehicle types; any compliance or enforcement work predating 16 June 2025 needed to account for a narrower pre-insertion scope, while post-insertion activities should use the expanded list.
The amendment note is an authoritative pointer to the amending instrument should further legislative context be required (e.g., amending explanatory material or second-reading speech).
No other amendment entries, transitional rules, or repeals appear in the Regulations as presented. That means the current operative text consists of the 2024 Regulations as notified, plus the reg 8A insertion effective 16 June 2025.
Litigation history
The Regulations as provided contain no litigation history, case citations or judicial determinations. The instrument itself names no court decisions and the Schedules and provisions contain no references to judicial interpretation. Therefore:
There is no authoritative case law contained within the instrument to explain or test the validity, scope or interpretation of any regulation provision.
Any litigation relating to the application, validity or interpretation of these Regulations would necessarily involve cross-reference to the Police Offences Act 1935 and possibly to the other Acts referenced (Vehicle and Traffic Act 1999; Road Safety (Alcohol and Drugs) Act 1970; Passenger Transport Services Act 2011; Biosecurity Act 2019; Nature Conservation Act 2002; Public Health Act 1997). The outcome and arguments in such litigation are not recorded here.
Practitioners seeking precedent on points such as: the use of photographic detection device evidence for vehicle-confiscation triggers, the meaning of “charged” for prior offending history, the application of time-limited liquor prohibitions to specific event organisers, or the legal consequences of being an “identified organisation” under section 6A(3) of the Act, will need to consult case law databases and court records beyond this instrument. The absence of litigation history in the Regulations does not preclude the existence of cases decided under the Act or related instruments; it only indicates that the instrument itself does not summarise or list such decisions.
Gotchas
The Regulations contain multiple specific drafting choices that create potential traps for practitioners and affected parties. These should be checked carefully against the Act and operational practices.
“Charged” rather than “convicted” in reg 6(1)(a)
Regulation 6(1)(a) prescribes an offence under section 13 of the Vehicle and Traffic Act 1999 as qualifying for Division 2 of Part IVA if “the offender has been charged on at least one previous occasion” with that section or section 19A of the Road Safety (Alcohol and Drugs) Act 1970. The text uses “charged” rather than “convicted”. That wording can expand the pool of persons who meet the predicate for vehicle-clamping/confiscation because a previous charge that did not result in a conviction may still suffice. Practitioners should verify whether the parent Act or case law construes “charged” so broadly, but the Regulation’s plain text uses “charged”.
Photographic evidence as a basis for clamping/confiscation (reg 6(2))
Regulation 6(2) authorises a police officer to find that a person has committed a qualifying speeding offence as a result of examining a photograph from a photographic detection device. This removes an evidentiary impediment to automated enforcement feeding into vehicle removal powers. The “gotcha” is operational: a driver may be subject to severe vehicle consequences (clamping/confiscation) where the only or primary evidence is camera-based. Defence and evidence strategies must therefore consider authentication, chain of custody, and accuracy of detection devices, though none of those safeguards are detailed in the Regulations.
Place definitions and plan references create boundary disputes (reg 4; reg 5; Schedules 1 and 2)
The Regulations rely on named places and plan references with some entries described only by approximate area (for example “about 7.656 hectares”). Enforcement depends on accurately identifying whether a person was inside a prescribed boundary at the relevant time. Differences between plan-boundary descriptions and on-the-ground perception (for example where a footpath sits relative to a plan lot) could generate disputes. The presence of illustrative plans in Schedule 2 mitigates uncertainty but does not remove the need to verify plan coordinates or cadastral records.
Complex time bands for some locations (reg 5(4))
For Parliament House Grounds, Salamanca Lawns and Tasman Monument the Regulations prescribe two annual windows with differing hours: from 10 December to 1 January inclusive, between 3 p.m. and 10 a.m. the following day; and from 2 January to 9 December inclusive, between 10 p.m. and 10 a.m. the following day (reg 5(4)). These non-uniform time ranges require careful implementation in signage and enforcement scheduling; failure to account for the date-bound changeover may lead to inconsistent enforcement.
Broad category in reg 8A(2)
Regulation 8A(2) lists many categories (public transport area; retail precinct; large passenger vehicles; vessels used for public ferry service; places where sport is played or exhibited; licensed premises or assembly places; medical facilities; education facilities; places of worship; car parks or set down areas associated with those places). The list is broad and includes adjacent or ancillary spaces (for example footpaths immediately adjacent to retail premises, included in the retail precinct definition). That can expand the Act’s reach significantly into places not traditionally viewed as “public space”.
Named organisations (reg 8)
Regulation 8 identifies specific motorcycle clubs by name. Being “identified” under section 6A(3) will carry consequences only visible in the Act. However named-list prescriptions reduce ambiguity: any member, associate, or related entity should be aware of special statutory treatment, even if the precise effects must be determined from the Act.
Fee units and dollar amounts (regs 10 and 11)
The permit fee is fixed in fee units (26 fee units), but the Regulations do not state the dollar value of a fee unit. Similarly, regulations specify $10,000,000 and $15,000,000 for s 49(6)(a) purposes. Users must take care to convert fee-unit figures correctly using the relevant fee-unit legislation applicable at the time of payment.
Range of penalty units in Schedule 3
Schedule 3 prescribes differing penalty units for different sections. Some entries (for example s 37G(1) and s 37GA(3) at 10 units) are comparatively high. The operational effect will depend on fee-unit valuation; small-seeming numerical differences in penalty units can be material when converted to dollars.
Administration and departmental control
The Regulations are administered by the Department of Police, Fire and Emergency Management. Administrative discretion in issuing permits, enforcing place-based prohibitions, or using the photographic evidence pathway will be exercised through departmental practice; the instrument itself does not set out procedural review pathways beyond the Act.
Practitioners should therefore cross-check the specific Act sections referenced in the Schedule and in the Regulations, verify plan-boundary coordinates, confirm the fee-unit dollar conversion at the relevant time, and be alert to evidentiary issues when camera evidence is the trigger for severe vehicle consequences.
How to comply
Compliance with the Regulations requires practical steps by affected private parties, public authorities, and enforcement agencies. The following actions are grounded in the text of the Regulations and identify immediate operational tasks and cross-references practitioners must perform.
For property managers, local councils and event organisers (places listed in regs 4 and 5)
Identify whether your land is captured by Schedule 1 and check the associated Schedule 2 plan references and lot descriptions. The Regulations rely on plan-based descriptions; verify land boundaries against the Central Plan Register plan numbers cited in Schedule 2.
Where your land is captured, establish and display clear signage showing the alcohol-consumption prohibition and the hours and date ranges in reg 5 where applicable. For places with time-limited prohibitions, ensure signage clarifies the period (for example reg 5(3) daily 8 p.m. to 8 a.m.; reg 5(4) the two annual bands; reg 5(5) Princes Park daily 10 p.m. to 10 a.m.) and that staff and contractors understand enforcement windows.
If you organise events that might otherwise be lawful but fall within a prohibited period, consider whether a permit is needed under the Act (section 49) and note the fee for a permit is 26 fee units (reg 10). Make any permit application well before the event and attach the relevant plan references.
For drivers and vehicle owners
Be aware that certain traffic offences now attract immediate clamping/confiscation powers under Division 2 of Part IVA once the predicate in reg 6(1) is satisfied. In particular, repeat charging history under s 13 Vehicle and Traffic Act 1999 or s 19A Road Safety Act 1970 can trigger those powers, and excessive speeding (45 km/h or more above the limit) is likewise a predicate.
Understand that a police officer may rely on photographic detection device images as the basis for finding a qualifying speeding offence (reg 6(2)). If faced with clamping or a finding based on photographic evidence, consult the Act for procedures concerning seizure, retention, appeal and recovery; the Regulations enable the procedural trigger, the Act provides the remedial processes.
For named organisations (reg 8) and those organising or participating in related activities
The seven named motorcycle clubs are “identified organisations” for s 6A(3). If your organisation is listed or associated, review the Police Offences Act 1935 section 6A to identify any specific duties, obligations or prohibitions applicable to identified organisations. Compliance may require policies or restrictions on members’ public activities, liaison with law enforcement, or legal advice about the consequences of identified-organisation status.
For departmental employers and departmental employees (reg 9)
Departments with employees performing duties under the Biosecurity Act 2019 or the Nature Conservation Act 2002 should note that those employees are prescribed persons for s 37JA(3)(e) when acting in that capacity. Departments should ensure staff are informed of any special protections, powers or duties that s 37JA confers and provide training and procedural directions where necessary.
For entities relying on section 15CAA (reg 8A)
Operators of public transport areas, retail precincts, large passenger vehicles, ferry operators, sporting venues, licensed premises, health facilities, education facilities and places of worship should review section 15CAA in the Act and apply the definitions supplied by reg 8A(1). Because reg 8A includes footpaths immediately adjacent to retail premises and set down areas that form part of access to specified places, operators should audit their premises and perimeter spaces and update signage, staff instructions and patron communication accordingly.
For those liable to pay permits or infringements
When applying for or paying a permit fee under section 49(3), ensure you use the 26 fee units figure prescribed by reg 10. To calculate the dollar amount, obtain the current fee-unit monetary value from the relevant fee-unit legislation or up-to-date government instruments.
If issued with an infringement notice for any Act section listed in Schedule 3, determine the penalty units provided in the table and convert to dollars using the current fee-unit value. If a dispute exists about the factual basis of the infringement, identify the procedural review or appeal pathway in the Act.
For police and enforcement agencies
Ensure processes for photographing and authenticating images from photographic detection devices meet evidentiary standards expected in proceedings that may trigger vehicle-clamping/confiscation; regulation 6(2) authorises camera-derived findings but does not itself specify authentication protocols.
Use the plan references in Schedule 2 to determine boundary issues, and make sure enforcement staff are trained to apply the date and hour bands precisely, especially for the complex schedules in reg 5(4).
When issuing infringement notices under reg 12, apply the penalty unit amounts from Schedule 3 and ensure the notice correctly references the Act section and penalty units.
Cross-check the Act
The Regulations specify particulars that operate in tandem with the Police Offences Act 1935. For correct compliance practice, always read the relevant Act sections referenced by the Regulations: section 25 (public place liquor prohibition), Division 2 of Part IVA (vehicle clamping/confiscation), section 37MA (special compulsory penalty), section 6A(3), section 15CAA, section 37JA(3)(e), section 49 (permits), and section 61 (infringement notices). The Regulations tell you what is prescribed; the Act tells you the procedural and substantive consequences.
Record-keeping and signage
Maintain records of any permit applications, signage deployed specifying hours and dates, plan references used to determine boundaries, photographic evidence logs in the event of camera-based enforcement, and correspondence with the Department of Police, Fire and Emergency Management that may be relevant to disputes.
In summary, compliance is a combination of geographic verification (Schedule 2 plans), calendar management (time-limited liquor prohibitions), procedural readiness (permit applications and fee payment), evidentiary preparedness (photographic detection device use), and statutory cross-referencing (consulting the Act for procedural and rights-based provisions).
Section 4Public places where liquor consumption is prohibited
(2) For the purposes of subregulation (1) , the public places are as follows:
(a) the area of land specified in Part 5 of Schedule 1 and known as Hobart Regatta Grounds;
(b) the area of land specified in Part 6 of Schedule 1 and known as Hobart Rivulet Linear Park;
(c) the area of land specified in Part 7 of Schedule 1 and known as John Doggett Park;
(d) the area of land specified in Part 8 of Schedule 1 and known as Parliament House Grounds;
(e) the area of land specified in Part 9 of Schedule 1 and known as Princes Park;
(f) the area of land specified in Part 10 of Schedule 1 and known as Salamanca Lawns;
(g) the area of land specified in Part 11 of Schedule 1 and known as Soundy Park;
(h) the area of land specified in Part 12 of Schedule 1 and known as Tasman Monument;
(i) the area of land specified in Part 13 of Schedule 1 and known as University Rose Gardens.
(3) For the purposes of the public places specified in subregulation (2)(a) , (b) , (c) , (g) and (i) , the period and time is every day of the year between the hours of 8 p.m. and 8 a.m. the following day.
(4) For the purposes of the public places specified in subregulation (2)(d) , (f) and (h) , the periods and times are –
(a) from 10 December in any year to 1 January the following year, inclusive, between the hours of 3 p.m. on any of those days and 10 a.m. the following day; and
(b) from 2 January in any year to 9 December in that year, inclusive, between the hours of 10 p.m. on any of those days and 10 a.m. the following day.
(5) For the purposes of the public place specified in subregulation (2)(e) , the period and time is every day of the year between the hours of 10 p.m. and 10 a.m. the following day.
Part 3 Confiscation and Clamping of Vehicles
Part 3 Confiscation and Clamping of Vehicles
6 Prescribed offences
6 Prescribed offences
(1) For the purposes of Division 2 of Part IVA of the Act, the following offences are prescribed:
(a) an offence against section 13 of theVehicle and Traffic Act 1999 , if the offender has been charged on at least one previous occasion with an offence against –
(i) that section; or
(ii) section 19A of theRoad Safety (Alcohol and Drugs) Act 1970 ;
(b) a speeding offence if the prescribed speed-limit is exceeded by 45km/h or more.
(2) In the application of Division 2 of Part IVA of the Act to a speeding offence, a police officer may find that a person has committed such an offence as result of the examination of a photograph from a photographic detection device.
7 Special compulsory penalty for section 37MA of Act
7 Special compulsory penalty for section 37MA of Act
For the purposes of section 37MA of the Act, the prescribed amount (of the fine constituting the special compulsory penalty) is 4 penalty units.
Part 4 Miscellaneous
Part 4 Miscellaneous
8 Identified organisations for purposes of section 6A(3) of Act
8 Identified organisations for purposes of section 6A(3) of Act
For the purposes of section 6A(3) of the Act, the following organisations are each prescribed to be an identified organisation:
(a) the motorcycle club known as Outlaws;
(b) the motorcycle club known as Rebels;
(c) the motorcycle club known as Bandidos;
(d) the motorcycle club known as Black Uhlans;
(e) the motorcycle club known as Devil’s Henchmen;
(f) the motorcycle club known as Nomads;
(g) the motorcycle club known as Finks.
8A Prescribed places for purposes of section 15CAA of Act
8A Prescribed places for purposes of section 15CAA of Act
[Regulation 8A Inserted by No. 10 of 2025, s. 9, Applied:16 Jun 2025]
(1) In this regulation –
education facility means the following places:
(a) a school;
(b) a university;
(c) a TasTAFE facility;
(d) a technical institute or vocational education facility;
(e) a place used for the purposes of education, learning or teaching;
public transport area means the following places:
(a) a bus mall within the meaning of section 67B(1)(n) of thePublic Health Act 1997 ;
(b) a bus interchange or bus transit centre;
(c) a bus stop or bus shelter;
(d) a jetty or wharf that is being used in the operation of a passenger ferry service;
(e) an airport;
retail precinct means the following places:
(a) a shopping centre;
(b) a shopping area in which 2 or more retail premises are situated, including the footpath immediately adjacent to the retail premises;
(c) a pedestrian mall within the meaning of section 67B(1)(m) of thePublic Health Act 1997 ;
retail premises means premises that are used primarily for either or both of the following:
(a) the sale of goods;
(b) the provision of services;
set down area means an area used to allow passengers to enter or exit –
(a) a private vehicle; or
(b) a vehicle that is being used in the operation of a passenger transport service within the meaning of the Passenger Transport Services Act 2011 .
(2) For the purposes of section 15CAA of the Act, the following places are prescribed:
(a) a public transport area;
(b) a retail precinct;
(c) a large passenger vehicle within the meaning of the Passenger Transport Services Act 2011 ;
(d) a vessel used in the operation of a public ferry service;
(e) a place where sport is played or exhibited;
(f) a licensed premises or any place used for the assembly of members of the public for social, entertainment or recreational purposes;
(g) a facility or place where medical or health services are provided;
(h) an education facility;
(i) a place of worship or place where individuals or a group of persons congregate for religious or ritual purposes or to perform acts of devotion;
(j) a car park or set down area that forms part of, or is used for the purpose of access to, a place specified in this regulation.
9 Prescribed person for purposes of section 37JA of Act
9 Prescribed person for purposes of section 37JA of Act
For the purposes of section 37JA(3)(e) of the Act, prescribed persons are persons who are employed, or engaged, by a department while those persons are acting in the course of their duties under one or more of the following Acts:
(a) Biosecurity Act 2019 ;
(b) Nature Conservation Act 2002 .
10 Fee for permit under section 49 of Act
10 Fee for permit under section 49 of Act
For the purposes of section 49(3) of the Act, the prescribed fee is 26 fee units.
11 Prescribed amounts for purposes of section 49 of Act
11 Prescribed amounts for purposes of section 49 of Act
(1) For the purposes of section 49(6)(a)(i) of the Act, the prescribed amount is $10 000 000.
(2) For the purposes of section 49(6)(a)(ii) of the Act, the prescribed amount is $15 000 000.
(3) For the purposes of section 49(6)(a)(iii) of the Act, the prescribed amount is $15 000 000.
12 Infringement notices
12 Infringement notices
For the purposes of section 61 of the Act –
(a) an offence against a provision of the Act specified in column 2 of the table in Schedule 3 is prescribed as an offence for which an infringement notice may be issued and served; and
(b) a penalty specified in column 3 of that table is prescribed as the penalty for the offence to which it relates.
SCHEDULE 1 - Public Places SCHEDULE 1 - Public Places
SCHEDULE 1 - Public Places SCHEDULE 1 - Public Places
Regulations 4 and 5
Part 1 Franklin Square
Part 1 Franklin Square
Part 1Schedule 2
Part 2 Glenorchy Council Memorial Gardens
Part 2 Glenorchy Council Memorial Gardens
Part 2Schedule 2
Part 3 North Hobart Cultural Park and Skate Park
Part 3 North Hobart Cultural Park and Skate Park
Part 3Schedule 2
Part 4 St Davids Park
Part 4 St Davids Park
Part 4Schedule 2
Part 5 Hobart Regatta Grounds
Part 5 Hobart Regatta Grounds
(a) about 7.656 hectares, shown as Lot 1; and
(b) about 5 387 square metres, shown as Lot 2 –
Part 5Schedule 2
Part 6 Hobart Rivulet Linear Park
Part 6 Hobart Rivulet Linear Park
(a) about 1.932 hectares, shown as Lot 1 and bounded by a heavy black line and shaded on Plan 9522 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 6 of Schedule 2 ; and
(b) about 1.16 hectares, shown as Lot 2 and bounded by a heavy black line and shaded on Plan 9523 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 7 of Schedule 2 ; and
(c) about 9 154 square metres, shown as Lot 3 and bounded by a heavy black line and shaded on Plan 9524 in the Central Plan Register, a reduced copy of which is set out, by way of illustration only, in Part 8 of Schedule 2 .
Part 7 John Doggett Park
Part 7 John Doggett Park
Part 9Schedule 2
Part 8 Parliament House Grounds
Part 8 Parliament House Grounds
Part 10Schedule 2
Part 9 Princes Park
Part 9 Princes Park
Part 11Schedule 2
Part 10 Salamanca Lawns
Part 10 Salamanca Lawns
(a) about 1 349 square metres, shown as Lot 1; and
(b) about 2 192 square metres, shown as Lot 2 –
Part 12Schedule 2
Part 11 Soundy Park
Part 11 Soundy Park
Part 13Schedule 2
Part 12 Tasman Monument
Part 12 Tasman Monument
Part 14Schedule 2
Part 13 University Rose Gardens
Part 13 University Rose Gardens
Part 15Schedule 2
SCHEDULE 2 - Plans SCHEDULE 2 - Plans
SCHEDULE 2 - Plans SCHEDULE 2 - Plans
Schedule 1
Part 1 Franklin Square
Part 1 Franklin Square
Part 2 Glenorchy Council Memorial Gardens
Part 2 Glenorchy Council Memorial Gardens
Part 3 North Hobart Cultural Park and Skate Park
Part 3 North Hobart Cultural Park and Skate Park
Part 4 St Davids Park
Part 4 St Davids Park
Part 5 Hobart Regatta Grounds
Part 5 Hobart Regatta Grounds
Part 6 Hobart Rivulet Linear Park (Lot 1)
Part 6 Hobart Rivulet Linear Park (Lot 1)
Part 7 Hobart Rivulet Linear Park (Lot 2)
Part 7 Hobart Rivulet Linear Park (Lot 2)
Part 8 Hobart Rivulet Linear Park (Lot 3)
Part 8 Hobart Rivulet Linear Park (Lot 3)
Part 9 John Doggett Park
Part 9 John Doggett Park
Part 10 Parliament House Grounds
Part 10 Parliament House Grounds
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This is an opening excerpt, not the complete document.