INTOXICATED PERSONS (CARE AND PROTECTION) (No 71 of 1997) - TABLE OF PROVISIONS 1. This Act may be cited as the Intoxicated Persons (Care and Protection) (Amendment) Act 1997. 2. This Act commences on the day on which it is notified in the Gazette. 3. In this Act, "Principal Act" means the Intoxicated Persons (Care and Protection) Act 1994.1 4. Section 3 of the Principal Act is amended by omitting from subsection (1) the definitions of "carer" and "licensed place" and substituting respectively the following definitions:" 'carer' means a person who works with intoxicated persons at a licensed place; 'licensed place' means a place at which a licensee is licensed to provide a caring service;". 5. Section 5 of the Principal Act is amended-- 6. Section 6 of the Principal Act is amended by omitting from paragraphs (2) (d) and (e) "belongings" and substituting "articles". 7. After section 6 of the Principal Act the following sections are inserted: 8. Section 7 of the Principal Act is amended by omitting all the words from and including "A carer" to and including "inform" and substituting "The carer who admits an intoxicated person to a licensed place shall inform". 9. Section 9 of the Principal Act is amended by omitting "a carer" (last occurring) and substituting "the carer". 10. Section 13 of the Principal Act is amended by inserting ", manager of a licensed place" after "licensee" (wherever occurring). INTOXICATED PERSONS (CARE AND PROTECTION) - LONG TITLE An Act to amend the Intoxicated Persons (Care and Protection) Act 1994 Short title INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 1 1. This Act may be cited as the Intoxicated Persons (Care and Protection) (Amendment) Act 1997. Commencement INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 2 2. This Act commences on the day on which it is notified in the Gazette. Principal Act INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 3 3. In this Act, "Principal Act" means the Intoxicated Persons (Care and Protection) Act 1994.1 Interpretation INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 4 4. Section 3 of the Principal Act is amended by omitting from subsection (1) the definitions of "carer" and "licensed place" and substituting respectively the following definitions:" 'carer' means a person who works with intoxicated persons at a licensed place; 'licensed place' means a place at which a licensee is licensed to provide a caring service;". Search of persons in custody INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 5 5. Section 5 of the Principal Act is amended-- (a) by omitting from subsections (1) and (2) "personal belongings" and substituting "articles"; (b) by inserting in paragraph (a) of the definition of "search" in subsection (3) ", socks" after "shoes". Admission statement and other relevant information INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 6 6. Section 6 of the Principal Act is amended by omitting from paragraphs (2) (d) and (e) "belongings" and substituting "articles". Insertion INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 7 7. After section 6 of the Principal Act the following sections are inserted: Power of carer to search intoxicated person "6A. (1) A carer may search an intoxicated person at a licensed place where the carer believes on reasonable grounds that the intoxicated person does not object to the search. "(2) In subsection (1)-- 'search' means a search of a person or of articles in the possession of a person and includes-- (a) requiring the person to remove any overcoat, coat, jacket, gloves, shoes, socks or hat; and (b) an examination of those items of clothing. Safekeeping of articles in possession "6B. A carer who is conducting a search under section 6A shall take possession of any articles found in the possession of the intoxicated person where the carer believes on reasonable grounds that-- (a) the intoxicated person does not object; and (b) it is necessary for the protection of the intoxicated person or other persons at the licensed place or the security of those articles. List of articles "6C. (1) Where articles are taken from an intoxicated person under section 6B the carer who conducted the search shall prepare a list of those articles. "(2) The carer who conducted the search shall sign each entry on the list and, if the intoxicated person is unable or unwilling to sign, arrange for another carer to sign if practicable. Return of articles "6D. (1) An intoxicated person from whom articles have been taken under section 6B is entitled to have those articles returned to him or her on his or her departure from the licensed place. "(2) Where articles are returned to an intoxicated person, the carer who returned the articles shall make an appropriate entry on the list of each article that has been returned. "(3) The carer who returned the articles shall sign each entry on the list and, if the intoxicated person is unable or unwilling to sign, arrange for another carer to sign if practicable.". Right to leave INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 8 8. Section 7 of the Principal Act is amended by omitting all the words from and including "A carer" to and including "inform" and substituting "The carer who admits an intoxicated person to a licensed place shall inform". Leaving in a dangerous condition INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 9 9. Section 9 of the Principal Act is amended by omitting "a carer" (last occurring) and substituting "the carer". Protection of carers, managers and licensees INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 10 10. Section 13 of the Principal Act is amended by inserting ", manager of a licensed place" after "licensee" (wherever occurring). INTOXICATED PERSONS (CARE AND PROTECTION) - NOTES NOTE Principal Act 1. Act No. 85, 1994. [Presentation speech made in Assembly on 25 September 1997] (c) Australian Capital Territory 2003 INTOXICATED PERSONS (CARE AND PROTECTION) - NOTES AUSTRALIAN CAPITAL TERRITORY 1997 No. 71 of 1997 [Notified in ACT Gazette S350: 10 November 1997]