VOLATILE SUBSTANCE ABUSE PREVENTION ACT 2005
Table of Provisions
PART 1--PRELIMINARY MATTERS
- 1 Short title
- 2 Commencement
- 3 Objects
- 4 Definitions
- 5 Minister may declare volatile substance
- 6 Not offence to inhale or possess volatile substance or inhalant
PART 2--PREVENTING INHALATION OF VOLATILE SUBSTANCES AND PROTECTING HEALTH AND SAFETY OF PERSONS
Division 1--General provisions relating to exercise of powers
- 7 Police power not in derogation of other powers
- 8 Where power may be exercised
- 9 No warrant required
- 10 Reasonable force may be used
- 11 Manner of giving information
- 12 Records to be kept
Division 2--Powers of search and seizure
- 13 Search for and seizure of volatile substance or inhalant
- 14 Procedures before searching for volatile substance or inhalant
- 15 Disposal etc. of volatile substance or inhalant
Division 3--Powers of apprehension
- 16 Definitions
- 17 Meaning and effect of apprehension of person
- 18 Interests of apprehended person and welfare of children
- 19 When person may be apprehended
- 20 Procedures when apprehending person
- 21 Taking person to place of safety or responsible adult
- 22 When person may be released or taken into protective custody
Division 4--Protective custody
- 23 Definitions
- 24 Child not to be kept in police station cell
- 25 Searching apprehended person
- 26 Period of protective custody
- 27 Release from protective custody
- 28 Continued protective custody
- 29 Application to justice of the peace for release
- 30 Informing parent or guardian of child's release to another person
PART 3--TREATMENT ORDERS FOR PERSONS AT RISK OF SEVERE HARM
Division 1--Preliminary matters
- 31 Assessors
- 31A Treatment program
- 32 Powers not in derogation of other powers
Division 2--Assessment of persons believed to be at risk
- 33 Assessment application
- 34 Assessment and report
- 35 Decision after considering assessment report
Division 3--Matters relating to treatment orders
- 36 Application for treatment order
- 37 Application for order in connection with treatment order
- 38 Notice of application
- 39 Hearing of application
- 40 Jurisdiction and procedure of Court
- 41 Treatment order
- 41A Application for treatment warrant
- 41B Issuing treatment warrant
- 41C Executing treatment warrant
PART 4--COMMUNITY MANAGEMENT OF POSSESSION, SUPPLY AND USE OF VOLATILE SUBSTANCES
Division 1--Preliminary matters
- 42 Interpretation
- 43 Declaration that area must not be management area
Division 2--Management areas
- 44 Application for declaration of management area
- 45 Meeting about proposed management area
- 46 Application may be varied or withdrawn
- 47 Decision to declare or refuse to declare management area
- 48 Publication of notice of declaration
Division 3--Management plans
- 49 Management plan for each management area
- 50 Preparation and approval of management plan
- 51 Amendment or replacement of management plan
PART 5--OFFENCES AND CONFIDENTIALITY
Division 1--Offences
- 52 Unlawful supply of volatile substances
- 53 Contravention of management plan
Division 2--Confidentiality
- 54 Definitions
- 55 Informer's identity confidential
- 56 Protection in proceedings of informer's identity etc.
- 57 Protection in proceedings of report by or to police officer
- 58 When information may be disclosed
- 59 Court may prohibit publication of proceedings
PART 6--ADMINISTRATION
Division 1--Administration for Part 2
- 60 Authorised person
- 61 Identity card for authorised person
- 62 Guidelines for exercise of powers by authorised person
- 63 Declaration of place of safety
Division 2--Administration for Part 3
- 64 Approval of form of request and information
- 65 Approval of employees who may make requests
- 66 Authorised officer
Division 3--General administration
- 67 Delegations
- 68 Protection from liability
PART 7--MISCELLANEOUS
PART 8--TRANSITIONAL MATTERS FOR VOLATILE SUBSTANCE ABUSE PREVENTION AMENDMENT ACT 2009
- 71 Definitions
- 72 Request for treatment order undecided by Minister
- 73 Court applications undecided under repealed provisions
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