Northern Territory Consolidated Acts

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VOLATILE SUBSTANCE ABUSE PREVENTION ACT


TABLE OF PROVISIONS

           Long Title

   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  
   41D.    Effect of order under Alcohol Mandatory Treatment Act  

   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

   69.     Regulations  
   70.     Regulations may incorporate other instruments  

   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  
           ENDNOTES


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