Ses 1 Law Flashcards
Crimes Act 1900 s.51A
Predatory driving
Crimes Act 1900 s.52A
Dangerous driving
Crimes Act 1900 s.195
Destroy or damage property
Crimes Act 1900 s.527C
Persons unlawfully in possession of property
Drug Misuse and Trafficking Act 1985 s.3
Prohibited drug; any substance other than a prohibited plant
Drug Misuse and Trafficking Act 1985 s.4
Admixtures
Drug Misuse and Trafficking Act 1985 s.5
Use and administer - ingest, inhale or inject.
Drug Misuse and Trafficking Act 1985 s.7
Deemed possession of a prohibited drug
Drug Misuse and Trafficking Act 1985 s.10
Possession of prohibited drug
Drug Misuse and Trafficking Act 1985 s.11
Possession of equipment for administering prohibited drug
Drug Misuse and Trafficking Act 1985 s.12
Self-administration of prohibited drugs
Drug Misuse and Trafficking Act 1985 s.23
Offences with respect to prohibited plants (Cultivate, Supply and Possess).
Drug Misuse and Trafficking Act 1985 s.25
Supply of prohibited drugs.
Graffiti Control Act 2008 s.4
A person must not, without reasonable excuse. Intentionally mark any premises or other property, unless the person has obtained consent.
By means of any graffiti implement, Spray paint, marker pen, any implement designed or modified to produce a mark that is not readily removable by wiping or by use of water or detergent.
Law Enforcement (Powers and Responsibilities) Act 2002 s.30
Searches generally, conducting a search of a person; quickly run hands over persons outer clothing, require removal of clothing, examine anything in possession of the person, use a metal detector.
Law Enforcement (Powers and Responsibilities) Act 2002 s.31
Strip searches
Law Enforcement (Powers and Responsibilities) Act 2002 s.32
Preservation of privacy and dignity during search.
Law Enforcement (Powers and Responsibilities) Act 2002 s.33
Rules for conduct of strip searches. Same sex, not under 10, support person 10-18 or mentally impaired.
Law Enforcement (Powers and Responsibilities) Act 2002 s.34
No strip searches of children under 10
Law Enforcement (Powers and Responsibilities) Act 2002 s.36
Power to search vehicles and seize things without a warrant.
Law Enforcement (Powers and Responsibilities) Act 2002 s.36A
Power to stop vehicles.
Law Enforcement (Powers and Responsibilities) Act 2002 s.88
Crimes scene powers if lawfully on premises, establish crime scene, exercise crime scene powers, stay on premises for those purposes.
Law Enforcement (Powers and Responsibilities) Act 2002 s.90
When a crime scene may be established, a) An offence committed in connection with a traffic accident that has resulted in the death of or serious injury to a person is being, or was, or may have been.
b) A serious indictable offence is being, or was, or may have been, committed on the premises.
c) There may be in or on the premises evidence of the commission of a serious indictable offence that may have been committed.
Law Enforcement (Powers and Responsibilities) Act 2002 s.91
Establishment of a crime scene,
A police officer who establishes a crime scene must, if reasonably appropriate in the circumstances, give the public notice that the premises are a crime scene.
A crime scene cannot be re-established in the same location in under 24hours for the same offence unless a crime scene warrant is obtained.
Law Enforcement (Powers and Responsibilities) Act 2002 s.92
Exercise of powers at crime scene, 4 hours metro 6 hours rural.
Law Enforcement (Powers and Responsibilities) Act 2002 s.93
A senior officer (Police area commander, Police district Commander, Inspector or above and a Duty Officer) must be notified if a crime scene is to be established without a warrant
Law Enforcement (Powers and Responsibilities) Act 2002 s.94
Crime scene warrants.
Law Enforcement (Powers and Responsibilities) Act 2002 s.95
1) a - l) can be applied once a crime scene has been established and there is an urgent need to use any of the crime scene powers. You are not limited to Section 95(1)(a)-(l) to prevent the loss of evidence whilst a crime scene warrant is being applied.
a) Direct a person to leave.
b) Remove from the crime scene a person who fails to comply with a direction to leave.
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.
f) Remove an obstruction.
g) Perform any necessary investigation, including, for example, search the crime scene and inspect anything.
h) necessary investigation.
i) Open anything that is locked.
j) Take electricity or gas etc for use.
k) Direct the occupier to maintain a continuous supply of electricity at the premises.
l) Photograph or otherwise record.
m) Seize and detain all or part of a thing that might provide evidence.
n) Dig up
o) Remove wall or ceiling linings or floors of a building, or panels of a vehicle.
p) Any other function
Law Enforcement (Powers and Responsibilities) Act 2002 s.105
Arrest may be discontinued.
Law Enforcement (Powers and Responsibilities) Act 2002 s.110
Protected suspect.
Law Enforcement (Powers and Responsibilities) Act 2002 s.111
Protected suspect under arrest.
Law Enforcement (Powers and Responsibilities) Act 2002 s.114
Detention after arrest for the purpose of investigation.
Law Enforcement (Powers and Responsibilities) Act 2002 s.115
6 hour investigation period. Begins at time of arrest.
Law Enforcement (Powers and Responsibilities) Act 2002 s.117
Time outs.
Law Enforcement (Powers and Responsibilities) Act 2002 s.133
Power to take identification particulars.
Law Enforcement (Powers and Responsibilities) Act 2002 s.197
Directions generally relating to public places;
Obstructing persons or traffic.
Harassment or intimidation.
Causing or likely to cause fear.
Unlawfully supplying or purchasing/obtaining prohibited drug.
Law Enforcement (Powers and Responsibilities) Act 2002 s.198
Move on directions to intoxicated persons in public places.
Law Enforcement (Powers and Responsibilities) Act 2002 s.198A
Giving of directions to groups of persons.
Law Enforcement (Powers and Responsibilities) Act 2002 s.199
Failure to comply with direction.
Law Enforcement (Powers and Responsibilities) Act 2002 s.202
Police officers to provide information when exercising powers.
Law Enforcement (Powers and Responsibilities) Act 2002 s.203
Police officers to give warnings when giving or making directions.
Law Enforcement (Powers and Responsibilities) Act 2002 s.206
Detention of intoxicated persons.
Law Enforcement (Powers and Responsibilities) Act 2002 s.208
Searching detained person.
Law Enforcement (Powers and Responsibilities) Act 2002 s.230
Use of force generally by police officers.
Law Enforcement (Powers and Responsibilities) Act 2002 s.231
Use of force when making an arrest.
Mental Health Act 2007 s.22
Detention after apprehension by police, for mental health assessment.
Mental Health Act 2007 s.81
Searching detained persons.
Protection of the Environment Operations Act 1997 s.276
Issue of noise abatement directions.
Road rules 2014 s.287
Duties of a driver involved in a crash.
Road Transport Act 2013 s.108
Prescribed concentrations of alcohol. 0-0.019, 0.02-0.049, 0.05-0.079, 0.08-0.149, 0.15+
210L of breath = 100ml of blood.
Road Transport Act 2013 s.109
Measurement of alcohol concentrations.
Road Transport Act 2013 s.110
Presence of prescribed concentration of alcohol in person’s breath or blood.
Road Transport Act 2013 s.117
Negligent, furious or reckless driving.
Road Transport Act 2013 s.118
Menacing driving.
Road Transport Act 2013 s.169A
Direction to stop light vehicle or light combination
Road Transport Act 2013 s.175
Requirement for driver or rider to produce Australian driver licence and state name and address.
Summary Offences Act 1988 s.3 Public place
A place (whether or not covered by water). b) A part of premises, that is open to the public, or is used by the public whether or not on payment of money
Summary Offences Act 1988 s.3 Knife
Knife includes, a knife blade, a razor blade, any other blade.
Summary Offences Act 1988 s.4a
Offensive language
Summary Offences Act 1988 s.4(1)
Offensive conduct.
Summary Offences Act 1988 s.5
Obscene exposure.
Summary Offences Act 1988 s.6
Obstructing traffic
Summary Offences Act 1988 s.6A
Unauthorised entry of vehicle or boat.
Summary Offences Act 1988 s.9
Continuation of intoxicated and disorderly behaviour following a move on direction.
Summary Offences Act 1988 s.11
Possession of liquor by minors.
Summary Offences Act 1988 s.11B
Custody of offensive implement.
Summary Offences Act 1988 s.11C
Custody of knives, unless lawful excuse;
i) Person’s occupation, education or training.
ii) Food or drink.
iii) Participation in a lawful entertainment, recreation or sport.
iv) For retail or other trade purposes.
v) Exhibition by knife collectors.
vi) The wearing of an official uniform.
vii) Genuine religious purposes.
Summary Offences Act 1988 s.11D
Parents who allow children to carry knives
Summary Offences Act 1988 s.11E
Wielding of knives
Summary Offences Act 1988 s.11F
Sale of knives to children
Road Transport Act 2013 s.4 Driver
Means any person driving a vehicle.
Road Transport Act 2013 s.4 Motor vehicle
Means a vehicle that is built to be propelled by a motor that forms part of the vehicle.
Road Transport Act 2013 s.4 Road
Means an area that is open to or used by the public and is developed for, or has one of its main uses, the driving of motor vehicles.
