TAS

The age of consent laws across Australia are notoriously inconsistent. While the age of consent stands at 16 in the majority of states and territories, it is 17 in South Australia and Tasmania. In all states, a mistaken but reasonable belief that the child was older than they in fact were can be used as…

A breach of a Family Violence Order in Tasmania is a serious criminal offence. In Tasmania, a court may make a Family Violence Order (FVO) under the Family Violence Act 2004. These orders generally prohibit a defendant from threatening, abusing, or assaulting a protected person of whom they are in a family or domestic relationship…

It is important to adhere to the court etiquette in Tasmania as it displays the requisite respect for the courts and legal system. Everyone must follow the court’s procedural rules. If you do not follow this etiquette, the judicial officers may require you to exit the court or they may find you in contempt of…

Firearms offences in Tasmania are governed by the Firearms Act 1996. In Tasmania, a person who owns or possesses a firearm must hold a licence and every firearm must be registered. Further, the range of firearms that a person can lawfully use, possess or collect is restricted. Anyone who isn’t authorised to have a firearm…

Since 2013 there has been a general offence of fraud in Tasmania under s 253A of the state’s Criminal Code. This is the most serious of the fraud-related dishonesty offences in Tasmania. A maximum penalty of 21 years imprisonment applies although, in practice, a much lesser penalty is usually imposed by the courts. What is…

The laws relating to the regulation of drugs and associated drug offences in Tasmania are contained in the Poisons Act 1971, the Criminal Code Act 1924 and the Misuse of Drugs Act 2001. These Acts specify different categories of drugs to which different rules and penalties apply. These categories include: narcotic substances (certain prescription drugs)…

The laws that apply for police when undertaking personal searches in Tasmania are in the Police Offences Act 1935, the Misuse of Drugs Act 2001, the Poisons Act 1971, the Firearms Act 1996 and the Family Violence Act 2004. Police can search a person or their premises for the purposes of investigating a crime if…

The management of complaints about police misconduct in Tasmania are covered by the Police Service Act 2003, the Ombudsman Act 1978 and the Integrity Commission Act 2009. Most complaints about police misconduct are dealt with by Tasmania Police, but more serious allegations can be dealt with by the Ombudsman or the Integrity Commission. The Ombudsman…

The law that deals with the Community Protection Offender Register in Tasmania is the Community Protection (Offender Reporting) Act 2005. The main purpose of the register is to: reduce the chances a person will re-offend aid the investigation of any future offences a person may commit. Only authorised persons can access the Community Protection Offender…

The laws regarding parole in Tasmania are in the Sentencing Act 1997 and the Corrections Act 1997. Parole in Tasmania is the release of a person from prison on strict conditions before the end of their sentence. It is different from remission because the person is still considered to be serving a jail sentence while…

Demerit points in Tasmania are recorded on a driver’s licence for a range of traffic and driving offences. If a person who holds a Tasmanian driver’s licence commits a demerit point offence interstate, the details are sent to Tasmania to be recorded on their driver’s licence records. For a person driving in Tasmania on an…

Community based sentencing in Tasmania permits a court to release an offender into the community under strict terms and conditions rather than apply penalties such as a prison sentence or fines. Community based sentencing has the potential to benefit not only offenders but also the community by directing offenders to undertake such programs as community…

In Tasmania, the Heavy Vehicle National Law (HVNL) commenced on 10 February 2014. This law introduced a national system to regulate all heavy vehicles over 4.5 tonnes GVM, including special purpose vehicles and buses. The majority of Australian states and territories have adopted this law. The National Heavy Vehicle Regulator (the Regulator) oversees the law…

The Court Mandated Drug Diversion program in Tasmania gives a Magistrate the option to divert an eligible offender into a drug treatment program to address their drug issues. It is available at all Magistrates Courts in Tasmania and the laws that govern the program are in the Sentencing Act 1997. After pleading guilty to their…

The legislation in Tasmania that relates to breath, saliva and blood testing is found in the Road Safety (Alcohol & Drugs) Act 1970. This law sets out the rights that police have when exercising their power to conduct random breath or saliva testing. It also explains when and how a police officer can request an…

In Tasmania, bail is an undertaking which allows an accused person to be released from custody after being charged with a serious offence. It will include conditions that they appear in court when required to. There may also be several further conditions, depending on the seriousness of the offence said to have been committed and…