Formative 3 Flashcards
Verbatim
Public Place SOA S.4 Definition of Public Place
a) A place to which free access is permitted to the public with the express or tacit consent of the owner or occupier of that place; and
b) a place to which the public are admitted on payment of money, the test of admittance being the payment of money only; and
c) a road, street, footway, court, alley or thoroughfare which the public are allowed to use, notwithstanding that that road, street, footway, court, alley or thoroughfare is on private property.
Power to search person - S.52 (6) CSA
(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.
Power to search/seize from vehicle S.52 (9) CSA
(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 anything that the officer reasonably suspects would afford evidence of an offence against this Act.
Power to Stop, Search and Detain - S.68 SOA**
A police officer may do any or all of the following things, namely, stop, search and detain -
a) a vehicle or vessel in or upon which there is reasonable cause to suspect that -
i) there are stolen goods; or
ii)there is an object possession of which constitutes an offence; or
iii) there is evidence of the commission of an indictable offence;
b) a person who is reasonably suspected of having, on or about his or her person -
i) stolen goods; or
ii) an object, possession of which constitutes an offence; or
iii) evidence of the commission of an indictable offence.
Authorised Person Definition - S.4 LLA
Authorised person, in relation to licensed premises, means -
a) the licensee; or
b) a responsible person for the licensed premises; or
c) a police officer; or
d) an approved crowd controller
Offensive or Disorderly Conduct - S117A LLA
1) A person must not behave in an offensive or disorderly manner in licensed
premises or in the vicinity of licensed premises.
Expiation fee: $500.
2) This section does not apply to any behaviour involving violence or a threat of
violence.
URINATE - s24 SOA
A person who urinates or defecates in a public place within a municipality or town,
elsewhere than in premises provided for that purpose, is guilty of an offence.
Expiation fee: $80.
GENERAL ENVIRONMENTAL DUTY - s25(1) EPA
(1) A person must not undertake an activity that pollutes, or might pollute, the
environment unless the person takes all reasonable and practicable measures to
prevent or minimise any resulting environmental harm
BREACH OF THE PEACE - (Case Law Definition)
“An act done or threatened to be done which either actually harms a person, or in his
presence his property, or is likely to cause such harm, or which puts someone in fear
of such harm being done.”
POWER TO REFUSE ENTRY/REMOVE Intoxicated Person - s124 LLA7
(1) An authorised person may, if necessary, use reasonable force to remove a person
from, or prevent the entry of a person onto, licensed premises if—
(a) the person is intoxicated; or
(b) the person is behaving in an offensive or disorderly manner.
Power of Arrest - s75 SOA
A police officer, without any warrant other than this Act, at any hour of the day or
night, may apprehend any person whom the officer finds committing, or has
reasonable cause to suspect of having committed, or being about to commit, an
offence.
APPREHENSION OF INTOXICATED PERSONS - s7 PIA
(1) If a police officer or an authorised officer has reasonable grounds to believe that—
(a) a person who is in a public place is under the influence of a drug; and
(b) by reason of that fact, the person is unable to take proper care of himself or
herself,
the police officer or authorised officer may apprehend that person.
POLICE BARRING ORDERS - s125B LLA
(1) Subject to this section, a police officer may, on the authorisation of a senior police
officer, by order (a barring order) served on a person, bar the person from entering or
remaining on—
(a) specified licensed premises; or
(b) licensed premises of a specified class; or
(c) licensed premises of a specified class within a specified area; or
(d) all licensed premises within a specified area
