3a) Drugs, Mental Health and Alcohol Flashcards
Sections 19/20/21/22
Search and Surveilliance Act 2012
Person in any place or vehicle if a section 6 warrant exists (section 19)
Enter place or vehicle RGTS offence against MODA (section 20)
And RGTB there is a controlled drug and CADD
Search any other person found in place or vehicle when conducting search under section 20 (section 21)
Search person for controlled drug (section 22)
Section 23 - internal search
Search and Surveilliance Act 2012
Internal search if offence against section 6, 7 or 11 of the MODA and RGTB offender has secreted an item (section 23) - doctor and consent
If no consent court may:
- Decline bail
- order the suspect detained for a further 2 days or until they consent
Powers of Section 81 in relation to Section 12 MODA
Search and Surveilliance Act 2012
- Search a person/place/vehicle/craft
- Seize anything that they have RGTB is involved in delivery under MODA 12
- Powers only valid during course of delivery, not once delivered
Section 124 - internal search
Search and Surveilliance Act 2012
- Must not search body cavities, except for mouth (with consent)
- Must not require other person to conduct search
Define mental disorder
Mental Health (Compulsory Assessment and Treatment) 1992
Abnormal state of mind, characterised by delusions/mood/perception/ or cognition that:
- Poses a serious danger to that person or others
-or- - Seriously diminishes the capacity of that person to look after themself
Section 41 powers to assist DAO
Mental Health (Compulsory Assessment and Treatment) 1992
May enter premises
Identify themselves
Detain person for up to 6 hours
Take person to assessment place
Section 109 powers
Mental Health (Compulsory Assessment and Treatment) 1992
- Public place
- RGTB
- Mentally disordered
Take person to hospital or other such place for assessment
Detain for up to 6 hours
The object of the act?
Sale and Supply of Alcohol Act 2012
- Sale/supply/consumption of alcohol should be undertaken safely and responsibly
- The harm caused by the excessive or inappropriate consumption should be minimised
Section 266
Sale and Supply of Alcohol Act 2012
Power to close any licensed premise no later than 24 hours from the end of the day
- Riot >6 people fighting
- threat to public health and safety
Offence if continues to operate: $10,000 either/or
Licence suspension for up to 7 days
Section 267
Sale and Supply of Alcohol Act 2012
Power of entry into a licenced premise
Offence: $2000 if refuses/delays/fails to produce document
Section 169
Sale and Supply of Alcohol Act 2012
Alcohol ban in place:
* search a bag
* search a vehicle
* seize alcohol
* arrest
Section 170
Sale and Supply of Alcohol Act 2012
Before exercising 169, must provide opportunity to remove alcohol
Section 147
Sale and Supply of Alcohol Act 2012
Breach of alcohol by law:
* consuming
* bringing
* possessing
AION $250
