Drugs, Mental Health, Alcohol Flashcards

1
Q

MDA 1975

Entry to Clandistine Lab?

A

Must not touch / handle / move / disconnect / deactivate / or operate anything.

-Notify Duty Inspector / NCLRT / Fire and Emmergency.

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2
Q

MDA 1975

First Schedule - Class A

A

First Schedule - Class A

  • Methamphetamine / P / Ice
  • LSD (lysergide)
  • Mescaline
  • Heroin
  • Thalidomide
  • Cocaine
  • PCP
  • Psilocybine ‘mushroom’
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3
Q

MDA 1975

Second Schedule - Class B

A

Second Schedule - Class B

  • Morphine
  • Opium
  • Methadone
  • Amphetamine
  • Pethidine
  • Cannabis oil
  • Cannabis resin
  • MDMA ‘ecstacy’
  • MSTs
  • GHB (Fantasy) and GBL
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4
Q

MDA 1975

Fourth Schedule - Class C

A

Psuedoephedrine / Ephedrine

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5
Q

MDA 1975

Presumption of possession for supply

A

Presumption of possession for supply

  • MDMA 5g
  • Methamphetamine 5g
  • Cannabis plant 28g
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6
Q

MDA 1975

Misuse of Drugs Act 1975 Section 7 - Possession OR Use of Controlled Drug

A

MODA 1975 s.7 - Possession OR Use of Controlled Drug

- Procure
OR
- Possess
OR
- Consume
OR
- Smoke
OR
- Otherwise use
  • Any controlled drug
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7
Q

MDA 1975

Misuse of Drugs Act 1975 Section 12 - Permits Use of Premises OR Permits Use of Vehicle

A

MODA 1975 s.12 - Permits Use of Premises OR Permits Use of Vehicle

  • Knowingly permits
- Any premises
OR
- Any motor vehicle
OR
- Any other method of conveyance
  • To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
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8
Q

MDA 1975

Misuse of Drugs Act 1975 Section 13 - Possession of Instruments?

A

MODA 1975 s.13 - Possession of Instruments

  • Has in his possession
- Any pipe
OR
- Any utensil
OR
- Any syringe
OR
- Any needle
  • For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
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9
Q

MDA 1975

Third Schedule - Class C?

A

Third Schedule - Class C

  • BZP
  • Cannabis fruit
  • Cannabis leaf
  • Cannabis seed
  • Coca leaf
  • Codeine
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10
Q

MDA 1975

What is S.19
MDA 1975?

A

Search a person in elation to MDA 1975 offence search warrants

Three Conditions

1: A search warrant has been issued under S.6 MDA 1975 in respect of a drug offence.

2: The warrant is being executed by the Constable.

3: The person is found in or on the place or vehicle specified in the warrant.

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11
Q

MDA 1975

What is S.20
MDA 1975?

A

Warrantless Searches of places & vehicles in relation to MDA 1975 offences

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12
Q

MDA 1975

What is S.21
MSD 1975?

A

Warrantless searches of people found in or on places or vehicles.

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13
Q

MDA 1975

What is S.22
MSD 1975?

A

Warrantless powers to search for controlled drugs and percursor substances if offence suspected of against MDA 1975.

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14
Q

MDA 1975

What is S.23
MSD 1975?

A

Internal search of person under arrest for offences ss6 / S7 / S11 / MDA 1975

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15
Q

MDA 1975

Who can conduct an Internal Search?

A

Medical Practitioner under S.13 MDA 1975.

However the suspect must voluntarily consent to internal examination.

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16
Q

MDA 1975

What is S.24
MDA 1975?

A

Effect of not permitting internal search on bail application.

Expires 2 days after required to permit.

17
Q

MDA 1975

What is S.81
MDA 1975?

A

Searches of persons / places / vehicles related to deliveries under:
S12 MDA 1975 & Amendment Act 1978.

18
Q

MDA 1975

What is S.124
MDA 1975?

A

Search and Surveillance Act 2012, Internal searches generally prohibited.

19
Q

MHA 1992 (CAT)

Interpretation of Mental Disorder?

A

Means:
Abnormal state of mind.
Characteries by
- Delusions.
- Mood / Perception
- Volition / Cognition
- Poses a serious danger
- Seriously deminishes capability.

20
Q

MHA 1992 (CAT)

What is Section 38
MHA 1992?

A

Assist when person may need assistance.
- Arrange or assist mental health practitioner to examine to is certificate under S8B (4)(b). MHA 1992
- Once Certificate is issued under 8A.
- Arrange for an assessment examination under S9 MHA1992

21
Q

MHA 1992 (CAT)

What is S41 MHA 1992?

A

Call for poice assistance.

  • Must produce ID.
  • Must with DAO and enter premises..
  • No longer then 6 hours / Or / the time it takes to conduct the examination.
22
Q

MHA 1992 (CAT)

What is S109 MHA 1992?

A

Police powers in relation to person appearing to be mentally disordered in a public place.

RGTB
- If a person found wondering at large in a public place.
- Take that person to an appropriate place.
- Arrange for a Mental Health Practitioner.
- Who must ASAP Issue a Certificate under S8B (4)(b). MHA 1992
- Make an application under S8A

23
Q

MHA 1992 (CAT)

What is S110C MHA 1992?

A

Power of when urgent assistance required.

  • May enter premises where person is.
  • Must prioduce ID if not in uniform.
  • Detain that person.
  • Take person to proposed place DAO
24
Q

MHA 1992 (CAT)

What is S112B?

A

Use of force.

Use such force as reasonably necessary.

25
Q

MHA 1992 (CAT)

What are your power to
1: Use force / take / retake?
2: Detain?
3: Enter?

A

Force: S32(1), 38(4)(d), 40(2), 41(4),(5),(6), 50(4), 51(3), 53, 109(1),(4), 110C(2), 111(2), 113A.

Detain: S41(3), 41(4), 41(5), 109(4), 110C(2), 111(2), 113A.

Enter: S41(2), (4) or 110C(1).

26
Q

MHA 1992 (CAT)

What is a mental disorder?

A

1: A person in a abnormal state of mind (Continuous or Intermittent).
2: Poses a serious danger to health and safety.
3: Or seriously diminishing the capacity of such persons to look after themselvers.

Does not include:
- Political / Religous / Cultural Beliefs.
- Sexual preference.
- Criminal behaviour.
- Substance abuse.
- Intellectual disability.

27
Q

MHA 1992 (CAT)

What does CAT in the MHA 1992 stand for?

A

Compulsary Assessment and Treatment.

28
Q

MHA 1992 (CAT)

What is 113A MHA 1992?

A

Approved warrant to enter.
Must sign and swear it.

29
Q

MHA 1992 (CAT)

Arrest Provisions
MHA 1992 (CAT)?

A

1: S122A MHA 1992 (CAT)
2: S30 Crimes Act, Arrest without warrant.
3: S31 Crimes Act, Assist arrest.
Directive from DAO.

30
Q

MHA 1992 (CAT)

Limitations of your powers and assistance?

A

Powers to enter and detain can only be used to assist DAO under S38(4)b or d or 40(2) MHA 1992.

  • Check all paperwork.
  • Copy of relevant Assessment Certificate.
31
Q

MHA 1992 (CAT)

What is S122B MHA (CAT) 1992

A

Limitation to the use of power for emergency action to assist DAO only.

32
Q

MHA 1992 (CAT)

If transporting a patient under S9 / S11 / S13 a DAO must?

A

Issue a Notice which states:
- Reason for assessment.
- Time and place for assessment.
- Whom will perform assessment.

A person cannot be moved or force used.

33
Q

MHA 1992 (CAT)

Authority under S109?

A
  • A person wandering at large.
  • Reason to believe has mental disorder.
  • You can apprehend under this section.

Preliminary Assessment Under S8 / 8A / 8B

34
Q

SSAA 2012

What is (Harm caused) mean in S4 SSAA 2012?

A

Any crime, damage, death, disease, disorderly, illness, injury, caused directly or indirectly by excessive / inappropriate consumption of alcohol.

35
Q

SSAA 2012

What is S266
SSAA 2012?

A

Closure of licensed premises by Police.

  • If RGTB a Riot may occur.
  • If fighting and serious disorder or believe.
  • Significant threat to public.
  • Substantial public nuisance.
  • RGTB crimes are being committed with maximum penalty of 5 years or more.
36
Q

SSAA 2012

What is S267
SSAA 2012?

A

Powers of entry on licensed premises.

Refuses or fails:
- Recieves a fine not more than $2000.

37
Q

SSAA 2012

What is S269
SSAA 2012?

A

Powers of Police to demand information.

-Name
- Address
- DOB.

If refuses after being cuations may be arrest without warrant.

  • Recieves a fine not more than $2000.
38
Q

Local Government Act 2002

What is S169
LGA 2002?

A

Powers of arrest, search and seizure in relation to alcohol bans.

  • Alcohol ban = Means a bylaw made under S147 LGA 2002.
  • Offence = Breach of an alcohol ban.
  • Restricted place = Means a public place in which the alcohol ban is in force.
39
Q

Local Government Act 2002

What is S170
LGA 2002?

A

Conditions relating to the power of search.

Before exercising the power under S169 LGA 2002:

  • Inform the person they have the opportunity to remove the container or vehicle from the public place.
  • In relation to special dates a constable may immediately without further notice exercise the power to search.
  • Notice given 14 days in advance, which is clearly labled by notices affixed in 1 or more places.