Tasmanian Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
POLICE OFFENCES ACT 1935 - SECT 34B
Resistance to, and obstruction of, public officers prohibited
(1) A person shall not
(a) assault, resist, or wilfully obstruct
(i) a police officer in the execution of his duty;
(ii) a person lawfully assisting a police officer in the execution of his
duty; or
(iii) a person lawfully arresting another person;
(b) threaten, intimidate, or use abusive language to any such police officer
whilst in the performance or execution of his duty or a person assisting a
police officer therein; or
(c) instigate or incite a person to do any of the things mentioned in the
foregoing provisions of this subsection.
(1A) A person who contravenes a provision of subsection (1) is guilty of
an offence and is liable on summary conviction to a penalty not exceeding 100
penalty units or to imprisonment for a term not exceeding 3 years.
(2) A person shall not
(a) assault, resist, intimidate, or wilfully obstruct a public officer or an
emergency service worker in the execution of his duty, or lawfully performing
a duty imposed on him by an Act, or in the exercise of a public duty or
authority;
(b) threaten or use abusive language to any such person so acting; or
(c) instigate or incite a person to do any of the things mentioned in the
foregoing provisions of this subsection.
(2A) A person who contravenes a provision of subsection (2) is guilty of
an offence and is liable on summary conviction to a penalty not exceeding 50
penalty units or to imprisonment for a term not exceeding 2 years.
(3) A police officer may arrest without warrant any person committing an
offence against subsection (1) or (2) (a) .
(4) In this section emergency service worker means
(a) a person employed or appointed under the Fire Service Act 1979 ; or
(b) a person employed or appointed under the Ambulance Service Act 1982 ; or
(c) an emergency management worker referred to in paragraph (a), (b), (c) or
(d) of the definition of emergency management worker in section 3 of the
Emergency Management Act 2006 ; or
(d) an emergency management worker referred to in paragraph (e) of the definition of emergency management worker in section 3 of the Emergency Management Act 2006 in relation to
(i) an authorised use of emergency powers under section 40 of the
Emergency Management Act 2006 ; or
(ii) a declared state of emergency under section 42 of the
Emergency Management Act 2006 ;
public officer includes any person acting in
good faith in the execution, or intended execution, of an Act or a public duty
or authority.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback