Verbatims

Question 1

Definition of Public Place

Answer 1

public place” includes—
(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;

Question 2

Power to Search Person s52(6) CSA (Controlled substances Act 1984)

Answer 2

(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

Question 3

Power to Search/Seize from Vehicle - S52(9) CSA (Controlled Substances Act 1984)

Answer 3

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 from the vehicle, vessel or aircraft anything that the officer reasonably suspects would afford evidence of an offence against this Act.

Question 4

Power to stop, search and detain S68 SOA

Answer 4

68—Power to search suspected vehicles, vessels, and persons

(1) 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.

Question 5

75—Power of arrest & P

Answer 5

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

Question 6

SOA S.7 (1&2) Disorderly or offensive conduct or language

Answer 6

(1) A person who, in a public place or a police station—
(a) behaves in a disorderly or offensive manner; or
(b) fights with another person; or
(c) uses offensive language,
is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.
(2) A person who disturbs the public peace is guilty of an offence.
Maximum penalty: $1 250 or imprisonment for 3 months.

Question 7

LLA S124 (1)(a)&(c), (2)—Power to refuse entry or remove intoxicated persons or persons guilty of
offensive behaviour

Answer 7

(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
(c) the person is behaving in an offensive or disorderly manner.

(2) An authorised person may, if necessary, use reasonable force to remove a person from licensed premises if the authorised person reasonably suspects that the person has supplied, or is about to supply, liquor to an intoxicated person on the licensed
premises

Question 8

Loitering- S18 SOA

Answer 8

(1) where a person is loitering in a public place or a group of persons is assembled in a public place and a police officer believes or apprehends on reasonable grounds-
(A) that an offence has been, or is about to be, committed by that person or by one or more persons in the group or by another in the vicinity; or
(B) that a breach of the peace has occurred, is occurring, or is about to occur, in the vicinity of that person or group; or
(C) that the movement of pedestrians or vehicular traffic is obstructed, or is about to be obstructed, by the presence of that person or group or of others in the vicinity; or
(D) that the safety of a person in the vicinity is in danger,
The officer may request that person to cease loitering, or request the persons in that group to disperse, as the case may require.