Australian Capital Territory Numbered Acts

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INTOXICATED PERSONS (CARE AND PROTECTION) - SECT 1

1. This Act may be cited as the Intoxicated Persons (Care and Protection) Act 1994.

Commencement

2. (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette .

(2) The remaining provisions commence on a day fixed by the Minister by notice in the Gazette .

(3) If the provisions referred to in subsection (2) have not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette , those provisions, by force of this subsection, commence on the first day after the end of that period.

Interpretation

3. (1) In this Act, unless the contrary intention appears—

“admission statement” means a statement provided in accordance with section 6;
“carer” means a person employed at a licensed place to work with intoxicated persons;
“caring service” means a service that provides immediate, short-term care for intoxicated persons but does not include a service provided at a hospital or other medical facility;
“health practitioner” means a medical practitioner, nurse or paramedic;
“inspector” means a public servant for the time being performing the functions of an inspector by virtue of section 27;
“intoxicated” means apparently under the influence of alcohol, another drug, or a combination of drugs;
“legal representative” means a person who is admitted to practise as a barrister and solicitor in the Territory and who holds a current practising certificate within the meaning of the Legal Practitioners Act 1970 ;
“licensed place”, in relation to a licensee, means a place at which the licensee is licensed to provide a caring service;
“licensee” means a person who holds a licence granted under section 16;
“manager”, in relation to a licensed place, means the person in charge of the place for the time being;
“office holder” means—

        (a)     in relation to a corporation—an executive officer;

        (b)     in relation to an incorporated association—the president, secretary or public officer of the association; or

        (c)     in relation to a body established by or under a law of the Territory or elsewhere—any person with overall responsibility for the conduct of that body;

“prescribed” includes prescribed by the standards;
“public place” means any premises, street, road, public park, recreation reserve or other place which the public are entitled to use or which is open to, or used by, the public, whether on payment of money or otherwise, and includes a school;
“responsible person”, in relation to an intoxicated person, includes—

        (a)     a relative, guardian or friend of the intoxicated person who has attained the age of 18 years; or

        (b)     a legal representative acting on behalf of the intoxicated person;

“school” means—

        (a)     any pre-school, primary school, high school or secondary college established and conducted in the Territory; or

        (b)     any school or other educational or related institution approved by the Minister;

and includes any land or premises which belong to or are occupied or used in connection with a school;

“standard” means a standard made under section 31.

(2) A reference in this Act to the name and address of an applicant or person shall be read as a reference to the full name and business address of the applicant or person and, if the applicant or person is not a natural person, the full name and residential address of each office holder.

Detention of intoxicated persons

4. (1) Where a police officer believes on reasonable grounds that a person in a public place is intoxicated and is, because of that intoxication—

        (a)     behaving in a disorderly manner;

        (b)     behaving in a manner likely to cause injury to himself, herself or another person, or damage to any property; or

        (c)     incapable of protecting himself or herself from physical harm;

the officer may take the person into custody and detain him or her.

(2) A person detained under subsection (1) shall be released—

        (a)     when he or she ceases to be intoxicated; or

        (b)     at the expiration of the period of 8 hours after he or she is so detained;

whichever is earlier.

(3) A police officer shall not allow a person detained under subsection (1) to remain at a police station in which the person was detained for more than 12 hours after the person is first detained.

(4) Nothing in this section prevents a police officer from releasing a person detained under subsection (1) if, in the opinion of the police officer, it is reasonable to do so.

(5) For the purposes of subsection (4), a police officer shall be taken to have acted reasonably if the officer releases a person detained under subsection (1) into the care of the manager of a licensed place.

Search of persons in custody

5. (1) A member of the police force may search a person who is taken into custody under subsection 4 (1) and may take possession of any personal belongings found in his or her possession.

(2) A person is entitled to the return of any personal belongings taken from him or her under subsection (1) when he or she ceases to be detained under section 4.

(3) In subsection (1)—

“search” means a search of a person or of articles in the possession of a person that may include—

        (a)     requiring the person to remove his or her overcoat, coat or jacket and any gloves, shoes and hat; and

        (b)     an examination of those items.

Admission statement and other relevant information

6. (1) Where a police officer releases a person from custody under section 4 into the care of the manager of a licensed place and the person enters that place, the officer shall give the manager an admission statement relating to the intoxicated person.

(2) An admission statement shall be in writing and shall contain the following:

        (a)     the name of the intoxicated person (if known);

        (b)     the date of birth of the person (if known);

        (c)     the time and date when the person was detained by the officer;

        (d)     an itemised list of any belongings taken from the person under subsection 5 (1);

        (e)     confirmation that the officer signing the statement has returned the belongings so listed to the person.

(3) An officer referred to in subsection (1) may release to the manager such further information relating to the intoxicated person as the officer believes on reasonable grounds will assist the manager in caring for the person.

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