Drugs, Alcohol Flashcards

1
Q

S&S 20 - search of place and vehicles for drugs

A

Reasonable grounds
Not practical to get warrant
Controlled drug under schedule 1-4
Suspect in place or vehicle
Believe EM will be CADD if not immediate

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2
Q

21 - people found in place/vehicle

A

In relation to 20 search - search any persons found in place or vehicle

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3
Q

22 - person controlled drug and precursor

A

Reasonable grounds person has in possession
Controlled drug schedule 1-4
Suspect had, is, about to be committed

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4
Q

124 internal search

A

No internal
Can only search mouth with consent
Can not require other person to search - some exception under 23 in relation to misuse drugs
Internal includes X-ray, manual or visual exam of any orifice
Not internal- visual of mouth, nose and ears but must not insert anything

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5
Q

Hazardous substance

A

Explosiveness
Flammability
Capacity to oxidise
Corrosiveness
Toxicity
Eco-toxicity

On contact with air or water

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6
Q

New organism

A

Species not present in nz before 29 July 1998
Containment approval under act
Conditional release given
Release with controls
Genetic modified organism

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7
Q

Emergency

A

Actual or imminent danger to human
Danger to environment which requires immediate action to remove
Arising from hazardous substance or new organism

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8
Q

136 Declaration of emergency

A

Enforcement officer reasonable grounds to believe
Emergency
Either no state emergency declared or
Not being dealt under fire and emergency act
No declare under biosecurity act
No other enforcement has declared

Enter
Remove
Stabilise
Protect the health

Declare hazardous substance or new organism emergency by
ID self
Stating authority
Announcing nature

Emergency under this section
End 48hrs after declare
When declared other state of emergency
declared or FENZ or biosecurity
Whichever is sooner

Can do one further declaration if emergency still exist after 48hrs

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9
Q

137 emergency powers

A

Declare under 136 enforcement officer can
Enter
Powers under 103 or 119(5)
Direct persons to stop activity hindering
Request person action to stay
Direct persons to leave
Prevent from entering
Requisition any property
Destroy property to limit extent
Secure site for up to 24hrs

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10
Q

265 - closure of premises by order

A

Riot or RG believe it may
DC judge or 2 or more justices or 1 or more magistrate
Order licensee within distance to close for sale of alcohol
Time must not be later than 24hrs from end of day it was made

May use force to close

Offence to contravene
Up to $10k, suspension up to 7days for licensee
Up to $10k for manager

Offence to sell alcohol - fine up to $3k

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11
Q

266 - closure by police

A

Riot or RG believe or
Fighting/serious disorder or
Sign of any threat to public health or safety or
Public nuisance or
Believing RG offence 5yr+ have been committed and significant risk of more

Constable may order closure
No sale of alcohol
Time not later than 24hrs from end of the day
Or order persons to leave

Force use if necessary

Licensee or manager can apply for revocation - May revoke with it without conditions or refuse to revoke

Offence to contravene
10k, suspension up to 7 days
Manager - $10k

Offence to sell alcohol - up to $3k

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12
Q

267 powers of entry licensed premises

A

At reasonable time
Enter and inspect
Ensure licensee compliance
RGB offence against act being committed

Production of licence or doc and examine
Require info provided for assistance

Offence for up to $2k if fails or refuses entry or delays unreasonably in admitting
Offence up to $2k refuses or fails to provide licence or assistance

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13
Q

269 - power to demand info

A

RCS commuted or attempting offence against act
Require provide particulars

BRG false
Require to provide satisfactory evidence

Without reasonable excuse refuses or fails
Can be arrested

Up to $2k

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14
Q

Riot

A

Group of 6 or more persons acting together are using violence against persons or property to the alarm of persons in the neighbourhood

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15
Q

Who can close premise

A

Substantive sergeant or above

Amy use reasonable force

Immediate effect

No later than 24hrs form end of day on which order made

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