LAW Mid-Term

Question 1

In drug related matters, what does ‘effect of certain representations’ mean?

Answer 1

A substance or plant which is NOT prohibited which is represented (by any means) as being prohibited shall be deemed as prohibited.

Question 2

What act and section is possession of liquor by minors?

Answer 2

Summary Offences Act. Section 11(2).

Question 3

What section is the power to search persons and seize and detain things without warrant?

Answer 3

LEPRA 2002. Section 21.

Question 3

What section is cease relevant conduct / directions generally?

Name the elements that justify its use.

Answer 3

LEPRA 2002. Section 197.

Causing fear to another person (if the conduct would cause fear in a person of reasonable firmness)
Harassment or intimidation of another person
Obstructing another person
Procuring or purchasing any prohibited drug
Supplying any prohibited drug

Question 4

You have pulled somebody over. They have passed a breath test but you still reasonably suspect that they are intoxicated. What do you do?

Answer 4

Perform sobriety assessment. If they fail sobriety assessment, arrest for the purpose of urine/blood testing.

Question 5

Name the SECTION, ACT and at least three crime scene powers that police possess.

Answer 5

LEPRA 2002, Section 95

(a) direct a person to leave the crime scene or remove a vehicle, vessel or aircraft from the crime scene,
(b) remove from the crime scene a person who fails to comply with a direction to leave the crime scene or a vehicle, vessel or aircraft a person fails to remove from the crime scene,
(c) direct a person not to enter the crime scene,
(d) prevent a person from entering the crime scene,
(e) prevent a person from removing evidence from or otherwise interfering with the crime scene or anything in it and, for that purpose, detain and search the person,
(f) remove or cause to be removed an obstruction from the crime scene,
(g) perform any necessary investigation, including, for example, search the crime scene and inspect anything in it to obtain evidence of the commission of an offence,
(h) for the purpose of performing any necessary investigation, conduct any examination or process,
(i) open anything at the crime scene that is locked,
(j) take electricity, gas or any other utility, for use at the crime scene,
(k) direct the occupier of the premises or a person apparently involved in the management or control of the premises to maintain a continuous supply of electricity at the premises,
(l) photograph or otherwise record the crime scene and anything in it,
(m) seize and detain all or part of a thing that might provide evidence of the commission of an offence,
(n) dig up anything at the crime scene,
(o) remove wall or ceiling linings or floors of a building, or panels of a vehicle,
(p) any other function reasonably necessary or incidental to a function conferred by this subsection.

Question 6

What are the types of arrest?

Answer 6

• LEPRA 99 Reason (Arrest without Warrant)
• LEPRA 101 Reason (Arrest with Warrant)
• Breach of the Peace
• Other Specified Power (Arrest for blood/urine testing, etc.)

Question 7

What are the PCA alcohol ranges?

Answer 7

• Novice Range PCA
  0.001 - 0.019
• Special Range PCA
  0.020 - 0.049
• Low Range PCA
  0.050 - 0.079
• Middle Range PCA
  0.080 - 0.149
• High Range PCA
  0.150 or higher

Question 8

You have pulled somebody over. They have failed the breath test. What do you do?

Answer 8

Arrest for the purpose of a breath analysis.

Convey to police station.

Question 9

Where do police get the power to conduct random breath tests?

Answer 9

Road Transport Act 2013
Schedule 3
Section 3

Question 10

List the section and reasons that police can enter a premises in an emergency.

Answer 10

LEPRA 2002, Section 9.

A police officer may enter premises if the police officer believes on reasonable grounds that—
a) breach of the peace
b) someone has suffered significant physical injury or there is imminent danger of significant physical injury and it is necessary for police to enter to prevent further injury.
(c) the body of a person who has died, otherwise than as a result of an offence, is on the premises and there is no occupier on the premises to consent to the entry.
Before entering under (c) police must obtain permission from Inspector or above.

Question 11

What section is strip searches?

Answer 11

LEPRA 2002
Section 31

Question 12

Where do people get the power to perform breath analysis?

Answer 12

Road Transport Act 2013
Schedule 3
Section 5

Question 13

LEPRA 99 Verbatim

Answer 13

(1) A police officer may, without a warrant, arrest a person if—
(a) the police officer suspects on reasonable grounds that the person is committing or has committed an offence, and
(b) the police officer is satisfied that the arrest is reasonably necessary for any one or more of the following reasons—
(i) to stop the person committing or repeating the offence or committing another offence,
(ii) to stop the person fleeing from a police officer or from the location of the offence,
(iii) to enable inquiries to be made to establish the person’s identity if it cannot be readily established or if the police officer suspects on reasonable grounds that identity information provided is false,
(iv) to ensure that the person appears before a court in relation to the offence,
(v) to obtain property in the possession of the person that is connected with the offence,
(vi) to preserve evidence of the offence or prevent the fabrication of evidence,
(vii) to prevent the harassment of, or interference with, any person who may give evidence in relation to the offence,
(viii) to protect the safety or welfare of any person (including the person arrested),
(ix) because of the nature and seriousness of the offence.

Question 14

What section provides the power to give move on directions to intoxicated people?

Answer 14

LEPRA 2002, Section 198

(1) A police officer may give a direction to an intoxicated person who is in a public place to leave the place and not return for a specified period if the police officer believes on reasonable grounds that the person’s behaviour in the place as a result of the intoxication (referred to in this Part as relevant conduct)—
(a) is likely to cause injury to any other person or persons, damage to property or otherwise give rise to a risk to public safety, or
(b) is disorderly.

Question 15

What section is the power to carry out search on arrest?

Answer 15

LEPRA 2002, Section 27

(1) A police officer who arrests a person for an offence or under a warrant, or who is present at the arrest, may search the person at or after the time of arrest, if the officer suspects on reasonable grounds that it is prudent to do so in order to ascertain whether the person is carrying anything—
(a) that would present a danger to a person, or
(b) that could be used to assist a person to escape from lawful custody, or
(c) that is a thing with respect to which an offence has been committed, or
(d) that is a thing that will provide evidence of the commission of an offence, or
(e) that was used, or is intended to be used, in or in connection with the commission of an offence.

Question 16

What section is the power to carry out search of person in lawful custody AFTER arrest?

Answer 16

LEPRA 2002, Section 28A

(1) A police officer may search a person who is in lawful custody after arrest and seize and detain anything found on that search.
(2) Any such search may be carried out at a police station or other place of detention or immediately before or during transportation of the person to or from a police station or other place of detention.

Question 17

What section is searches generally?

Answer 17

LEPRA 2002, Section 30

Question 18

List the SECTION and THREE things police must consider for the preservation of privacy and dignity during search.

Answer 18

LEPRA 2002, Section 32
(1) A police officer who searches a person must, as far as is reasonably practicable in the circumstances, comply with this section.
(2) The police officer must inform the person to be searched of the following matters—
(a) whether the person will be required to remove clothing during the search,
(b) why it is necessary to remove the clothing.
(3) The police officer must ask for the person’s co-operation.
(4) The police officer must conduct the search—
(a) in a way that provides reasonable privacy for the person searched, and
(b) as quickly as is reasonably practicable.
(5) The police officer must conduct the least invasive kind of search practicable in the circumstances.
(6) The police officer must not search the genital area of the person searched, or in the case of female or a transgender person who identifies as a female, the person’s breasts unless the police officer suspects on reasonable grounds that it is necessary to do so for the purposes of the search.
(7) A search must be conducted by a police officer of the same sex as the person searched.
(7A) However, if a police officer of the same sex as the person who is to be searched is not immediately available, a police officer may delegate the power to conduct the search to another person who is—
(a) of the same sex as the person to be searched, and
(b) of a class of persons prescribed by the regulations for the purposes of this subsection.
The search by that other person is to be conducted under the direction of the police officer and in accordance with provisions of this Act applying to searches conducted by police officers.
(8) A search of a person must not be carried out while the person is being questioned. If questioning has not been completed before a search is carried out, it must be suspended while the search is carried out.
(8A) Subsection (8) does not prevent the asking of questions that only relate to issues of personal safety associated with the search.
(9) A person must be allowed to dress as soon as a search is finished.
(10) If clothing is seized because of the search, the police officer must ensure the person searched is left with or given reasonably appropriate clothing.

Question 19

List the SECTION and THREE things police must consider for the rules for conduct of strip searches.

Answer 19

LEPRA 2002, Section 33
(1) A police officer who strip searches a person must, as far as is reasonably practicable in the circumstances, comply with the following—
(a) the strip search must be conducted in a private area,
(b) the strip search must not be conducted in the presence or view of a person who is of the opposite sex to the person being searched,
(c) except as provided by this section, the strip search must not be conducted in the presence or view of a person whose presence is not necessary for the purposes of the search.
(2) A parent, guardian or personal representative of the person being searched may, if it is reasonably practicable in the circumstances, be present during a search if the person being searched has no objection to that person being present. Subsection (1)(b) does not prevent any such person who is of the opposite sex to the person being searched from being present during the search.
(3) A strip search of a child who is at least 10 years of age but under 18 years of age, or of a person who has impaired intellectual functioning, must be conducted—
(a) in the presence of a parent or guardian of the person being searched, or
(b) if that is not acceptable to the person, in the presence of another person who is not a police officer and who is capable of representing the interests of the person being searched and whose presence is acceptable to that person.
(3A) Subsection (3) does not apply if a police officer suspects on reasonable grounds that—
(a) delaying the search is likely to result in evidence being concealed or destroyed, or
(b) an immediate search is necessary to protect the safety of a person.
In such a case, the police officer must make a record of the reasons for not conducting the search in the presence of a parent or guardian, or other person capable of representing the interests, of the person being searched.
(4) A strip search must not involve a search of a person’s body cavities or an examination of the body by touch.
(5) A strip search must not involve the removal of more clothes than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
(6) A strip search must not involve more visual inspection than the person conducting the search believes on reasonable grounds to be reasonably necessary for the purposes of the search.
(7) A strip search may be conducted in the presence of a medical practitioner of the opposite sex to the person searched if the person being searched has no objection to that person being present.

Question 20

Where do police obtain the power to stop vehicles?

Answer 20

LEPRA 2002, Section 36A

Question 21

Where does the power to search vehicles come from?

Answer 21

LEPRA 2002, Section 36

Question 22

What is section 34 of LEPRA?

Answer 22

No strip searches of children under 10 years.

No touch kid. Bad.

Question 23

Where do police get the power to arrest with warrant?

Answer 23

LEPRA 2002, Section 101.

Question 24

What is section 105 of LEPRA?

Answer 24

Arrest may be discontinued.

Question 25

What must police do following a failed breath test?

What section grants them the power to take the necessary action?

Answer 25

Arrest following failed breath test for purpose of conveying to police station for breath analysis.

Road Transport Act 2013
Schedule 3
Section 4

Question 26

If the person is physically unable to submit a breath analysis, what can police do?

Answer 26

Road Transport Act 2013
Schedule 3
Section 5A

(1) A police officer may require a person to provide a sample of the person’s blood (whether or not the person consents to the provision of the sample) in accordance with the directions of an authorised sample taker if the person has been physically unable to submit to a breath analysis as directed under this Division.

Question 27

What section grants police the ability to perform a sobriety assessment?

Answer 27

Road Transport Act 2013
Schedule 3
Section 13

(1) A police officer may require a person to submit to an assessment of the person’s sobriety in accordance with the directions of the officer if–
(a) the person has submitted to a breath test in accordance with Division 2 by reason of the occurrence of an event referred to in clause 3(1)(a) or (b), and
(b) the result of the test does not permit the person to be required to submit to a breath analysis.

Question 28

If somebody fails to submit to, or pass a sobriety assessment what can police do?

Answer 28

Road Transport Act 2013
Schedule 3
Section 14

Arrest for blood/urine testing.

If the person refuses to submit to a sobriety assessment under this Division or, after the assessment has been made, a police officer has a reasonable belief that the person is under the influence of a drug, the police officer may—
(a) arrest that person without warrant, and
(b) take the person (or cause the person to be taken) with such force as may be necessary to a hospital or a prescribed place and there detain the person (or cause the person to be detained) for the purpose of providing a blood or urine sample in accordance with this Division.

Question 29

What constitutes a major traffic accident?

Answer 29

Death or serious injury
Failure to exchange details
Were drugs/alcohol involved

Question 30

What section grants police the power to search for dangerous implements without a warrant?

List the TWO areas police can use this power to search.

Answer 30

LEPRA 2002, Section 23.

Public places and schools.

Question 31

What power allows police to establish a crime scene?

Answer 31

LEPRA 2002, Section 91.

Question 32

How long do police have when a crime scene has been established?

What can police do to extend the time?

Answer 32

4 hours suburban. 6 hours rural.

Apply for a crime scene warrant.
(S.92 LEPRA)

Question 33

What gives police the power to dispose of seized liquor?

Answer 33

Summary Offences Regulation 2015
Section 5

(1) Seized liquor may be disposed of when seized if:
(a) at the time of seizure it is in a container that is unsealed or from which part of the contents have been removed, or
(b) it is, or is likely soon to become, unfit for human consumption.
(2) Seized liquor must not be disposed of at the time of seizure if the quantity or value of the liquor, or any other circumstance of the case, makes disposal unreasonable or undesirable.
(3) Disposal must be by a method that ensures that the liquor disposed of does not remain or become available for consumption by any person.

Question 34

What is Section 43B of the Poisons and Therapeutic Goods Act?

What is it used for?

Answer 34

Powers of detention and search

(1) In this section:
police vessel means a vessel ordinarily used by members of the police force in the execution of their duty.
prescribed restricted substance means a restricted substance prescribed for the purposes of section 16.
(2) A member of the police force of or above the rank of sergeant, or in charge of a police station or police vessel, may at any time with as many members of the police force as the member thinks necessary:
(a) enter into any part of any vessel or aircraft, and
(b) search and inspect the vessel or aircraft.
(3) A member of the police force of or above the rank of sergeant, or in charge of a police station or police vessel, may, for the purpose of enabling the powers conferred on members of the police force by subsection (2) to be exercised, stop and detain any vessel or aircraft in which the member reasonably suspects there is any prescribed restricted substance which is, in contravention of this Act, in the possession or under the control of any person.
(4) A member of the police force may stop, search and detain:
(a) any person in whose possession or under whose control the member reasonably suspects there is, in contravention of this Act, any prescribed restricted substance, or
(b) any vehicle in which the member reasonably suspects there is any prescribed restricted substance which is, in contravention of this Act, in the possession or under the control of any person.

Question 35

What is section 202 of LEPRA?

What are you required to do?

Answer 35

Police officers to provide information when exercising powers (SAFEGUARDS)

(a) evidence that the police officer is a police officer (unless the police officer is in uniform),
(b) the name of the police officer and his or her place of duty,
(c) the reason for the exercise of the power.

Question 36

Police must give a warning when issuing a direction, requirement or request. What is the wording required?

What section does the warning come from?

Answer 36

“You are required by law to comply.”

LEPRA 2002, Section 203

Question 37

What is section 206 of LEPRA?

Answer 37

Detention of intoxicated persons.

Question 38

What section is requirement for driver or rider to produce Australian driver licence and state name and address?

Answer 38

Road Transport Act 2013, Section 175

(1) An authorised officer may, in the execution of the officer’s functions under the road transport legislation, require the driver or rider of a vehicle or horse to do any or all of the following—
(a) produce the driver’s relevant Australian driver licence (in the case of the driver of a motor vehicle),
(b) state the driver’s or rider’s name,
(c) state the driver’s or rider’s home address.

Question 39

What section is requirement for responsible person to disclose driver identity?

Answer 39

Road Transport Act 2013, Section 177

(1) If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation-
(a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by the responsible person) as to the name and home address of the driver, and

Question 40

What is an admixture?

Answer 40

Any substance that is mixed in with a drug.

Question 41

What are the three categories into which illicit drugs can be placed, based upon their pharmacological effects on the body?

Answer 41

Stimulants
Depressants
Hallucinogens

Question 42

What are the key Summary Offences set out in the Drug Misuse and Trafficking Act 1985 (NSW)?

Answer 42

Section 10 – Possession of prohibited drugs
Section 11 – Possession of equipment for administration of prohibited drugs
Section 12 – Self-administration of prohibited drugs

Question 43

What is reasonable suspicion?

Answer 43

More than a mere idle wondering whether something exists or not (Queensland Bacon Pty Ltd v Rees 1966)
It is a positive feeling of actual apprehension or mistrust amounting to a slight opinion but without sufficient evidence
The test is both subjective and objective. Did the police have a suspicion (subjective)? Would a reasonable person, armed only with the information the police officer had at the time, have held that belief (objective test).

Question 44

What is section 10 of the Drug Misuse and Trafficking Act?

Answer 44

Possession of prohibited drugs
(1) A person who has a prohibited drug in his or her possession is guilty of an offence.
(2) Nothing in this section renders unlawful the possession of a prohibited drug by—
(a) a person licensed or authorised to have possession of the prohibited drug under the Poisons and Therapeutic Goods Act 1966,
(a1) a person acting under a poppy licence under the Poppy Industry Act 2016,
(b) a person acting in accordance with an authority granted by the Secretary of the Department of Health where the Secretary is satisfied that the possession of the prohibited drug is for the purpose of scientific research, instruction, analysis or study,
(b1) a person acting in accordance with a direction given by the Commissioner of Police under section 39Q,
(c) a person for or to whom the prohibited drug has been lawfully prescribed or supplied, or
(d) a person who—
(i) has the care of, or is assisting in the care of, another person for or to whom the prohibited drug has been lawfully prescribed or supplied, and
(ii) has the prohibited drug in his or her possession for the sole purpose of administering, or assisting in the self-administration of, the prohibited drug to the other person in accordance with the prescription or supply.

Question 45

What is section 11 of the Drug Misuse and Trafficking Act?

Answer 45

Possession of equipment for administration of prohibited drugs
(1) A person who has in his or her possession any item of equipment for use in the administration of a prohibited drug is guilty of an offence.
(1A) Subsection (1) does not apply to or in respect of a hypodermic syringe or a hypodermic needle.
(1B) Subsection (1) does not apply to or in respect of a person prescribed by the regulations, or a person who is of a class of persons prescribed by the regulations, who has in his or her possession any item of equipment that is required to minimise health risks associated with the intravenous administration of a prohibited drug.
(2) Nothing in this section renders unlawful the possession of an item of equipment by—
(a) a medical practitioner, dentist, veterinary practitioner, pharmacist, registered nurse or registered midwife acting in the ordinary course of his or her profession,
(b) a member of any other prescribed profession acting in the ordinary course of that profession,
(c) a person licensed or authorised to have possession of the item of equipment under the Poisons and Therapeutic Goods Act 1966,
(d) a person authorised to have possession of the item of equipment by the Secretary of the Department of Health, or
(e) a person for use in the administration of a prohibited drug lawfully prescribed or supplied.

Question 46

What is section 12 of the Drug Misuse and Trafficking Act?

Answer 46

Self-administration of prohibited drugs
(1) A person who administers or attempts to administer a prohibited drug to himself or herself is guilty of an offence.
(2) Nothing in this section renders unlawful the administration or attempted administration by a person to himself or herself of a prohibited drug which has been lawfully prescribed for or supplied to the person.

Question 47

What is section 23 of the Drug Misuse and Trafficking Act?

Answer 47

Offences with respect to prohibited plants
(1) A person who—
(a) cultivates, or knowingly takes part in the cultivation of, a prohibited plant,
(b) supplies, or knowingly takes part in the supply of, a prohibited plant, or
(c) has a prohibited plant in his or her possession,
is guilty of an offence.
(1A) A person who—
(a) cultivates by enhanced indoor means, or knowingly takes part in the cultivation by enhanced indoor means of, a number of prohibited plants which is—
(i) not less than the small quantity applicable to the prohibited plants, and
(ii) less than the commercial quantity applicable to those prohibited plants, and
(b) cultivates, or knowingly takes part in the cultivation of, those prohibited plants for a commercial purpose,
is guilty of an offence.

Question 48

What is section 24(1) of the Drug Misuse and Trafficking Act?

Answer 48

Manufacture and production of prohibited drugs
(1) A person who manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug is guilty of an offence.
(1A) A person who—
(a) manufactures or produces, or who knowingly takes part in the manufacture or production of, a prohibited drug, and
(b) exposes a child to that manufacturing or production process, or to substances being stored for use in that manufacturing or production process,
is guilty of an offence.

Question 49

What is the acronym for Cannabis Caution Criteria?

Answer 49

U -15 grams or Under
S - Sufficient evidence exists

C - Consent to caution/sign caution
A - Admits to the offence
N - No other offences involved for which a brief needs to be submitted

C - Cannot request/demand
A - Appropriate in the circumstances
U - Use is for personal
T - Two cautions maximum
I - Identification is confirmed
O - Over 18 years of age
N - No priors for Sex, Drugs (other than 1st caution), or Violent offences