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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Intoxicated Persons Amendment Bill
2000
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Intoxicated Persons Act 1979 No 67 2
4 Repeal of Intoxicated Persons Regulation 1999 2
Schedule 1 Amendments 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2000
New South Wales
Intoxicated Persons Amendment Bill
2000
Act No , 2000
An Act to amend the Intoxicated Persons Act 1979 to revise the procedures
relating to the care and detention of intoxicated persons, to extend that Act to
persons affected by drugs and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Intoxicated Persons Amendment Bill 2000
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Intoxicated Persons Amendment Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Intoxicated Persons Act 1979 No 67
The Intoxicated Persons Act 1979 is amended as set out in Schedule 1.
4 Repeal of Intoxicated Persons Regulation 1999
The Intoxicated Persons Regulation 1999 is repealed.
Page 2
Intoxicated Persons Amendment Bill 2000
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3
Omit the section. Insert instead:
3 Definitions
In this Act:
authorised place of detention means:
(a) a police station, or
(b) a detention centre within the meaning of the Children
(Detention Centres) Act 1987 approved for the time
being by the Minister as an authorised place of
detention for the purposes of this Act.
detention officer means a police officer, a correctional officer
(within the meaning of the Crimes (Administration of
Sentences) Act 1999) or a person in charge of or employed in
a detention centre (within the meaning of the Children
(Detention Centres) Act 1987).
intoxicated person means a person who appears to be
seriously affected by alcohol or another drug or a combination
of drugs.
public place means:
(a) a place (whether or not covered by water or built on), or
(b) a part of any premises (including a structure, building,
vehicle or vessel),
that is open to the public, or is used by the public, whether or
not on payment of money or other consideration, whether or
not the place is ordinarily so open or used, and whether or not
the public to whom it is open consists of a limited class of
persons, and includes a school (within the meaning of the
Summary Offences Act 1988).
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Intoxicated Persons Amendment Bill 2000
Schedule 1 Amendments
responsible person includes any person who is capable of
taking care of an intoxicated person, including:
(a) a friend or family member, or
(b) an official or member of staff of a government or non-
government organisation or facility providing welfare or
alcohol or other drug rehabilitation services.
[2] Section 5
Omit the section. Insert instead:
5 Detention of intoxicated persons
(1) A police officer may detain an intoxicated person found in a
public place who is:
(a) behaving in a disorderly manner or in a manner likely to
cause injury to the person or another person or damage
to property, or
(b) in need of physical protection because the person is
intoxicated.
(2) A police officer is not to detain a person under this section
because of behaviour that constitutes an offence under any law.
(3) An intoxicated person detained by a police officer under this
section is to be taken to, and released into the care of, a
responsible person willing immediately to undertake the care of
the intoxicated person.
(4) An intoxicated person detained by a police officer under this
section may be taken to and detained in an authorised place of
detention if:
(a) it is necessary to do so temporarily for the purpose of
finding a responsible person willing to undertake the
care of the intoxicated person, or
(b) a responsible person cannot be found to take care of the
intoxicated person or the intoxicated person is not
willing to be released into the care of a responsible
person and it is impracticable to take the intoxicated
person home, or
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Intoxicated Persons Amendment Bill 2000
Amendments Schedule 1
(c) the intoxicated person is behaving or is likely to behave
so violently that a responsible person would not be
capable of taking care of and controlling the intoxicated
person.
(5) An intoxicated person who is detained in an authorised place
of detention under this section may be detained there by any
detention officer.
(6) An intoxicated person who is detained in an authorised place
of detention under this section:
(a) must be given a reasonable opportunity by the person in
charge of that place to contact a responsible person, and
(b) must, as far as is reasonably practicable, be kept
separately from any person detained at that place in
connection with the commission or alleged commission
of an offence, and
(c) if the intoxicated person is apparently under the age of
18 years--must, as far as is reasonably practicable, be
kept separately from any person over that age detained
at that place, and
(d) must not be detained in a cell at that place unless it is
necessary to do so or unless it is impracticable to detain
the person elsewhere at that place, and
(e) must be provided with necessary food, drink, bedding
and blankets appropriate to the person's needs, and
(f) must be released as soon as the person ceases to be an
intoxicated person.
(7) An intoxicated person detained under this section may be
detained under such reasonable restraint as is necessary to
protect the intoxicated person and other persons from injury
and property from damage.
(8) This section does not authorise a responsible person into whose
care an intoxicated person is released to detain the intoxicated
person.
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Intoxicated Persons Amendment Bill 2000
Schedule 1 Amendments
[3] Section 6 Searching detained persons
Omit section 6 (1). Insert instead:
(1) A police officer or other detention officer by whom an
intoxicated person is detained under section 5 may search the
intoxicated person and may take possession of any personal
belongings found in the person's possession.
[4] Section 7 Records
Omit section 7 (1) (a) and (b). Insert instead:
(a) any police officer who detains an intoxicated person
under section 5 and takes the person to an authorised
place of detention, and
(b) the person in charge of an authorised place of detention
where an intoxicated person is detained under section 5
(or a person authorised to do so by that person in
charge), and
[5] Section 7 (1)
Omit "the prescribed record".
Insert instead "the record approved by the Minister".
[6] Section 8 Police officers and others not liable for certain acts or
omissions
Omit "any member of the police force, any authorised person, any person
engaged in the conduct of a proclaimed place" and "the member, the
authorised person, the person so engaged".
Insert instead, respectively, "any police officer, any detention officer" and
"the police officer, detention officer".
[7] Section 10
Insert after section 9:
10 Savings and transitional provisions
(1) In this section:
amending Act means the Intoxicated Persons Amendment Act
2000.
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Intoxicated Persons Amendment Bill 2000
Amendments Schedule 1
(2) A person who was detained under this Act immediately before
the commencement of this section is to continue to be detained
and dealt with as if this Act had not been amended by the
amending Act.
(3) Section 8 (as in force before its amendment by the amending
Act) continues to apply in respect of anything done or omitted
before the section was so amended.
(4) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
amending Act.
Page 7
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