Drugs, Mental Health, Alcohol Flashcards

(39 cards)

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 relation 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 to health and safety of a person or others.
- Seriously deminishes capability of that person to take care of himself / herself.

20
Q

MHA 1992 (CAT)

What is Section 38
MHA 1992?

A

Assistance when person may need assistance.

  • Arrange or assist mental health practitioner to examine with a view to issue 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 S122B MHA 1992?

A

Use of force.

Use such force as reasonably necessary.

25
# MHA 1992 (CAT) What are your power to 1: Use force / take / retake? 2: Detain? 3: Enter?
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
# MHA 1992 (CAT) What is a mental disorder?
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
# MHA 1992 (CAT) What does CAT in the MHA 1992 stand for?
Compulsary Assessment and Treatment.
28
# MHA 1992 (CAT) What is 113A MHA 1992?
Approved warrant to enter. Must sign and swear it.
29
# MHA 1992 (CAT) Arrest Provisions MHA 1992 (CAT)?
1: S122A MHA 1992 (CAT) 2: S30 Crimes Act, Arrest without warrant. 3: S31 Crimes Act, Assist arrest. Directive from DAO.
30
# MHA 1992 (CAT) Limitations of your powers and assistance?
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
# MHA 1992 (CAT) What is S122B MHA (CAT) 1992
Limitation to the use of power for emergency action to assist DAO only.
32
# MHA 1992 (CAT) If transporting a patient under S9 / S11 / S13 a DAO must?
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
# MHA 1992 (CAT) Authority under S109?
- A person wandering at large. - Reason to believe has mental disorder. - You can apprehend under this section. Preliminary Assessment Under S8 / 8A / 8B
34
# SSAA 2012 What is (Harm caused) mean in S4 SSAA 2012?
Any crime, damage, death, disease, disorderly, illness, injury, caused directly or indirectly by excessive / inappropriate consumption of alcohol.
35
# SSAA 2012 What is S266 SSAA 2012?
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
# SSAA 2012 What is S267 SSAA 2012?
Powers of entry on licensed premises. Refuses or fails: - Recieves a fine not more than $2000.
37
# SSAA 2012 What is S269 SSAA 2012?
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
# Local Government Act 2002 What is S169 LGA 2002?
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
# Local Government Act 2002 What is S170 LGA 2002?
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.