Laser Pointer Information
Tasmania Police advise that there have been recent legislative amendments to the Police Offences Act 1935 relating to ‘Laser Pointers’, effective 27 July 2010. This legislation provides that '“a person must not, without lawful excuse (proof of which lies on that person) possess, carry or use a laser pointer in a public place” and “a person must not, without lawful excuse (proof of which lies on that person) by means of a laser pointer, intentionally or recklessly direct a laser beam at any person, animal, vehicle, vessel or aircraft.”
A fine of up to $2,600 could be imposed for either offence, and or imprisonment of up to 12 months for the offence of directing a laser beam from a laser pointer.
A “lawful excuse” includes:
- the pursuit of a lawful occupation, duty or activity in which laser pointers have a generally recognised application
- participation in a lawful sport, recreation or entertainment in which laser pointers have a generally recognised application
- the use of laser pointers for the specific lawful purpose for which they were manufactured
- the lawful display or exhibition of laser pointers
- the use of laser pointers under and in accordance with a valid licence under the Radiation Protection Act 2005.
What does this mean to me?
This means that you may own a laser pointer, keep it in your home or at a private place, but cannot carry, possess or use it in a public place without a lawful excuse.
In addition you are not permitted to point a laser pointer at a person, animal, vehicle, vessel or aircraft, either intentionally or recklessly and whether or not you are in a public or private place, unless you have a lawful excuse.
However, if you need to possess, carry or use a laser pointer to go about your lawful business, for example if you are a surveyor, astronomer, teacher, medical professional or if you are in the construction and mining industry, you may continue to do so in both public and private places.
Police have been provided with certain authorities to stop, detain and search people, vehicles, vessels and aircraft and to seize laser pointers if necessary. In addition, if people target people or vehicles, including aircraft or vessels from a private dwelling, police may enter a private residence to search and seize the laser pointer without a warrant.
Amnesty Provision
An amnesty period of 6 months will apply where a person is found to be in the possession of or carrying a laser pointer in a public place, provided that the possession of the laser pointer is not connected to a serious incident. Tasmania Police will not charge a person in these circumstances.
The amnesty period will not apply to a person who uses a laser pointer in a public place, or a person who intentionally or recklessly directs a laser pointer at any person, animal, vehicle, vessel or aircraft. A person involved in this type of conduct may be charged, if they do not have a lawful excuse for that conduct.
Anyone who wishes to dispose of a laser pointer, may dispose of the laser pointer themselves, or alternatively laser pointers can be handed in to any local police station.
Further Information
Further information on the legislation can be found at www.thelaw.tas.gov.au, accessing section 15F of the Police Offences Act 1935.
