Drug Authorities and drug offences

Question 1

CSA S.52 (6) – power to search person**

Answer 1

(6) An authorised officer who is a police officer may search any person whom the officer reasonably suspects has in his or her possession any substance or equipment in contravention of this Act

Question 2

CSA S.52 (9) – power to search, seize from vehicle, vessel or aircraft**

Answer 2

(9) If an authorised officer who is a police officer reasonably suspects that any substance or equipment that would afford evidence of an offence against this Act is in any vehicle, vessel or aircraft,
the officer may—

(a) require the driver of the vehicle, the master of the vessel or the pilot of the aircraft to STOP the vehicle, vessel or aircraft; and

(b) DETAIN and SEARCH the vehicle, vessel or aircraft; and

(c) SEIZE and REMOVE from the vehicle, vessel or aircraft anything that the officer reasonably suspects would afford evidence

Question 3

SUMMARY OF ADULT DIVERSION PROCESS FOR SIMPLE POSSESSION OFFENCES ONLY (Possess drug or equipment or smoke/consume drug)

Answer 3

• Diversion is for people aged 18+ years
• Consent is not required from offender or guardian
• Diversion is a mandatory legislative requirement
• No admission is required – however, sufficient evidence is mandatory.

Adults MUST be diverted for:
- Possession of a controlled drug and/or possession of equipment used in the smoking, administration or consumption of an illicit drug within section 33L(1) of the Controlled Substances Act 1984

Diversions are NOT appropriate for Adults:
- Possession of cannabis (issued with CEN)
- Prescription drug offences (refer s18 CSA)

Children/Youths are not to be diverted
- Formal Caution
- Family Conference
- Youth Court.

Question 4

Drug amounts and how they are dealt with

Answer 4

Meth, heroin, cocaine, less than 2 grams = possession and a diversion must be offered if person is 18+.

Possess Cannabis under 25 grams = CEN
Cannabis 25-100 grams = CEN

Possess equipment such as ice pipe needle ect is drug divertible.

Question 5

GO - Drug Exhibit manager

Answer 5

Drug and drug related materials are seized in accordance with section 52 CSA, section
67 or 68 of the Summary Offences Act 1953 or other relevant authorities.