JUSTICE LEGISLATION AMENDMENT (DRUG OFFENCES) ACT 2016 (NO 17 OF 2016) - SECT 12 Section 11S replaced

JUSTICE LEGISLATION AMENDMENT (DRUG OFFENCES) ACT 2016 (NO 17 OF 2016) - SECT 12

Section 11S

repeal, insert

11S     Offences relating to entry and search of drug premises

    (1)     A person commits an offence if:

    (a)     the person intentionally obstructs another person from entering or attempting to enter premises; and

    (b)     the premises are drug premises and the person is reckless in relation to that circumstance; and

    (c)     the other person is a police officer.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (2)     A person commits an offence if:

    (a)     a police officer is about to begin, or has begun, a search of drug premises; and

    (b)     the person intentionally warns, advises or gives an alarm to, or causes a warning, advice or alarm to be given to, another person about the search.

Maximum penalty:     200 penalty units or imprisonment for 2 years.

    (3)     Strict liability applies to subsections (1)(c) and (2)(a).

    (4)     In this section:

"obstruct" includes hinder and resist.

11SA     Offence not to give name and address when near drug premises

    (1)     A police officer may request a person to inform the officer of the person's name and address if:

    (a)     the person is on, or within 200 m of, drug premises; and

    (b)     the officer reasonably believes the person is associated with the drug premises.

    (2)     A person to whom a request is made under subsection (1) commits an offence if:

    (a)     the person intentionally engages in conduct; and

    (b)     the conduct results in the person contravening the request and the person is reckless in relation to the result.

Maximum penalty:     200 penalty units or imprisonment for 2 years.