Northern Territory Consolidated Acts

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VOLATILE SUBSTANCE ABUSE PREVENTION ACT - SECT 19

When person may be apprehended

    (1)     A police officer or authorised person may apprehend a person if the police officer or authorised person has reasonable grounds to believe the person:

        (a)     is inhaling or has recently inhaled a volatile substance; and

        (b)     should be apprehended to protect the health or safety of the person or other persons.

    (2)     Subsection (1) applies irrespective of whether the apprehended person has been searched under Division 2 and irrespective of whether a volatile substance or inhalant is in the person's possession.

    (3)     When apprehending the person or as soon as practicable after the apprehension, the police officer or authorised person must follow the procedures in section 20 unless the police officer or authorised person believes on reasonable grounds that:

        (a)     the apprehended person is unable to understand the information referred to in that section because of the effects of inhaling a volatile substance; or

        (b)     it is otherwise impracticable to do so.

    (4)     Section 20(1) and (2) does not apply if the person has been searched in accordance with Division 2 immediately before being apprehended.



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