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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Drugs, Poisons and Controlled Substances (Volatile
Substances) Act 2003
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Heading to Part IV amended and heading to Division 1 inserted 2
4. New Division 2 inserted 3
Division 2--Volatile Substances 3
60A. Purpose of Division 3
60B. Police to take into account the best interests of person
under 18 years of age 3
60C. Where can police powers under this Division be
exercised? 3
60D. Police may use reasonable force 4
60E. Police may search person under 18 years of age without
warrant 4
60F. Search of person irrespective of age without warrant 5
60G. Before search, police to identify self 5
60H. Before search, police to give information and request
production of substance or item 6
60I. Request for explanation before seizure of volatile
substances and items used to inhale volatile substances 7
60J. Seizure of volatile substances and items used to inhale
when explanation given 7
60K. Seizure of volatile substances and items used to inhale
when no explanation given 8
60L. Apprehension and detention 9
60M. How long may a person be detained and where? 10
60N. Return of seized or produced volatile substances and
items used to inhale volatile substances 12
60O. Disposal or making safe of volatile substances and items
used to inhale volatile substances 13
60P. Forfeiture to Crown 14
60Q. Records concerning searches, seizure, receipt or disposal
of property, apprehensions and detentions 14
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Clause Page
60R. Person may request record 16
60S. Chief Commissioner to report on actions under this
Division 17
60T. Regulations 19
5. Repeal of provisions relating to search, seizure and detention 19
ENDNOTES 20
ii
551067B.I1-8/5/2003 BILL LA CIRCULATION 25-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 6 May 2003
A BILL
to amend the Drugs, Poisons and Controlled Substances Act 1981
to provide for search, seizure, apprehension and detention powers in
relation to volatile substances and for other purposes.
Drugs, Poisons and Controlled
Substances (Volatile Substances) Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Drugs,
Poisons and Controlled Substances Act 1981 to
enable members of the police force--
5 (a) to search persons without warrant in certain
circumstances for the purpose of seizing
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volatile substances or items used to inhale
volatile substances; and
(b) to apprehend and detain persons under
18 years of age to protect them and others
5 from the effects of inhaling volatile
substances.
2. Commencement
(1) Subject to sub-section (2), this Act (except
section 5) comes into operation on a day to be
10 proclaimed.
(2) If this Act (except section 5) does not come into
operation before 1 July 2004, it comes into
operation on that day.
(3) Section 5 comes into operation on the second
15 anniversary of the day that this Act (except that
section) comes into operation.
3. Heading to Part IV amended and heading to
Division 1 inserted
See: (1) In the heading to Part IV of the Drugs, Poisons
Act No. 9719.
20 and Controlled Substances Act 1981, after
Reprint No. 6
as at "SUBSTANCES" insert "AND SEARCH,
14 February
SEIZURE AND DETENTION POWERS
2002 and
amending Act RELATING TO VOLATILE SUBSTANCES".
No. 11/2002.
LawToday:
(2) Before section 57 of the Drugs, Poisons and
www.dms.
25 Controlled Substances Act 1981 insert--
dpc.vic.
gov.au
"Division 1--Deleterious Substances".
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4. New Division 2 inserted
After section 60 of the Drugs, Poisons and
Controlled Substances Act 1981 insert--
'Division 2--Volatile Substances
5 60A. Purpose of Division
(1) The purpose of this Division is to protect the
health and welfare of persons under 18 years
of age.
(2) Nothing in this Division makes it an offence
10 or is to be taken to create an offence--
(a) for a person to possess or have in the
person's control a volatile substance or
an item used to inhale a volatile
substance; or
15 (b) for a person to inhale a volatile
substance.
60B. Police to take into account the best interests
of person under 18 years of age
In the exercise of any powers under this
20 Division in relation to a person under
18 years of age, a member of the police force
must take into account the best interests of
the person.
60C. Where can police powers under this
25 Division be exercised?
(1) A member of the police force may only
exercise the powers under this Division in
relation to a person who is--
(a) in a public place; or
30 (b) on private premises, if consent to enter
the premises is given to the member--
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(i) by the occupier of those premises;
or
(ii) where there is no occupier of
those premises, the owner of the
5 premises.
(2) In this section, "public place" has the same
meaning as it has in the Summary Offences
Act 1966.
60D. Police may use reasonable force
10 A member of the police force may use such
force as is reasonably necessary when--
(a) conducting a search under section 60E
or 60F;
(b) seizing a volatile substance or an item
15 used to inhale a volatile substance
under section 60J or 60K;
(c) apprehending and detaining a person
under section 60L.
60E. Police may search person under 18 years of
20 age without warrant
Subject to sections 60G and 60H, a member
of the police force, without warrant, may
search a person and any vehicle, package or
thing in that person's possession or under his
25 or her control for a volatile substance or an
item used to inhale a volatile substance if the
member has reasonable grounds for
suspecting that the person--
(a) is under 18 years of age; and
30 (b) has in his or her possession or under his
or her control a volatile substance or an
item used to inhale a volatile substance;
and
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(c) is inhaling or will inhale a volatile
substance.
60F. Search of person irrespective of age without
warrant
5 (1) Subject to sections 60G and 60H, a member
of the police force, without warrant, may
search a person and any vehicle, package or
thing in that person's possession or under his
or her control for a volatile substance or an
10 item used to inhale a volatile substance if the
member has reasonable grounds for
suspecting that the person intends to
provide--
(a) a volatile substance to a person under
15 18 years of age to inhale; or
(b) an item to a person under 18 years of
age to use to inhale a volatile substance.
(2) A member of the police force may search a
person under sub-section (1) irrespective of
20 the age of the person.
60G. Before search, police to identify self
(1) Subject to sub-section (2), before a member
of the police force commences a search of a
person under section 60E or 60F, the
25 member must--
(a) inform the person of the member's
name, rank and place of duty; and
(b) if requested by the person, provide the
information referred to in paragraph (a)
30 in writing; and
(c) produce the member's identification for
inspection by the person, unless the
member is in uniform.
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(2) A member of the police force is not required
to comply with sub-section (1) if the member
believes on reasonable grounds that--
(a) the person is unable to understand the
5 information because of the effects of
inhaling a volatile substance; or
(b) it is otherwise impracticable to do so.
60H. Before search, police to give information
and request production of substance or item
10 (1) Subject to sub-section (2), before a member
of the police force commences a search of a
person under section 60E or 60F, the
member must--
(a) inform the person that, although it is
15 not an offence to possess a volatile
substance or an item used to inhale a
volatile substance or to inhale a volatile
substance, in certain circumstances and
using reasonable force, the member
20 may--
(i) search a person for a volatile
substance; and
(ii) seize a volatile substance or item
used to inhale a volatile substance
25 that is in a person's possession or
under a person's control; and
(b) request the person to produce to the
member any volatile substance or item
used to inhale a volatile substance that
30 is in the person's possession or under
the person's control.
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(2) A member of the police force is not required
to comply with sub-section (1) if the member
believes on reasonable grounds that--
(a) the person is unable to understand the
5 information and request because of the
effects of inhaling a volatile substance;
or
(b) it is otherwise impracticable to do so.
60I. Request for explanation before seizure of
10 volatile substances and items used to inhale
volatile substances
(1) Subject to sub-section (2), if, during the
course of conducting a search of a person
under section 60E or 60F, a member of the
15 police force detects a volatile substance or
item used to inhale a volatile substance, the
member must ask the person why he or she is
carrying or possessing that volatile substance
or item.
20 (2) A member of the police force is not required
to comply with sub-section (1) if the member
believes on reasonable grounds that--
(a) the person is unable to understand the
request for the explanation referred to
25 in that sub-section because of the
effects of inhaling a volatile substance;
or
(b) it is otherwise impracticable to do so.
60J. Seizure of volatile substances and items
30 used to inhale when explanation given
A member of the police force may seize a
volatile substance or an item used to inhale a
volatile substance that is detected during the
course of conducting a search under section
35 60E or 60F if, on hearing the explanation
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requested under section 60I, the member has
reasonable grounds for suspecting that the
person--
(a) is under 18 years of age and is inhaling
5 or will inhale a volatile substance; or
(b) intends to provide the volatile
substance detected to a person under
18 years of age to inhale; or
(c) intends to provide the item detected to a
10 person under 18 years of age to use to
inhale a volatile substance.
60K. Seizure of volatile substances and items
used to inhale when no explanation given
A member of the police force may seize a
15 volatile substance or an item used to inhale a
volatile substance that is detected during the
course of conducting a search under section
60E or 60F if--
(a) no explanation referred to in section 60I
20 has been given; and
(b) the member has reasonable grounds for
suspecting that the person--
(i) is under 18 years of age and is
inhaling or will inhale a volatile
25 substance; or
(ii) intends to provide the volatile
substance detected to a person
under 18 years of age to inhale; or
(iii) intends to provide the item
30 detected to a person under
18 years of age to use to inhale a
volatile substance.
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60L. Apprehension and detention
(1) A member of the police force may apprehend
and detain a person if the member has
reasonable grounds for believing that the
5 person--
(a) is under 18 years of age; and
(b) is inhaling a volatile substance or has
recently inhaled a volatile substance;
and
10 (c) is likely by act or neglect to cause
immediate serious bodily harm to
himself or herself or to some other
person.
(2) A member of the police force may apprehend
15 and detain a person under sub-section (1)
irrespective of whether--
(a) the person was searched under section
60E or 60F; or
(b) any volatile substance or item used to
20 inhale a volatile substance--
(i) was seized as a result of such a
search; or
(ii) was produced in accordance with
a request under section 60H(1)(b)
25 and received by a member of the
police force.
(3) Subject to sub-section (4), on apprehending
and detaining a person under sub-section (1)
or as soon as practicable thereafter, a
30 member of the police force must inform the
person that--
(a) the person is not under arrest in relation
to any alleged offence; and
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(b) the person is apprehended and detained
with the intention of preventing the
person causing immediate serious
bodily harm to himself or herself or to
5 some other person.
(4) A member of the police force is not required
to comply with sub-section (3) if the member
believes on reasonable grounds that--
(a) the person is unable to understand the
10 information referred to in that sub-
section because of the effects of
inhaling a volatile substance; or
(b) it is otherwise impracticable to do so.
60M. How long may a person be detained and
15 where?
(1) A person who has been apprehended and
detained under section 60L must be released
immediately upon it becoming known to a
member of the police force that the person is
20 not under 18 years of age.
(2) A person who has been apprehended and
detained under section 60L and who is under
18 years of age may only be detained for as
long as a member of the police force has
25 reasonable grounds for believing that the
person--
(a) has recently inhaled a volatile
substance; and
(b) is likely by act or neglect to cause
30 immediate serious bodily harm to
himself or herself or to some other
person.
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(3) Subject to sub-section (2), as soon as
practicable after apprehending and detaining
under section 60L a person who is under
18 years of age, a member of the police force
5 must release the person into the care of a
suitable person who--
(a) the member reasonably believes is
capable of taking care of the detained
person; and
10 (b) consents to taking care of the detained
person.
Note: Depending on the circumstances of each case,
a suitable person may include the detained
person's parent, guardian or another adult
15 family member or an employee of an
appropriate health or welfare agency.
(4) If a member of the police force, after taking
all reasonable steps, has been unable to
release the detained person into the care of a
20 suitable person in accordance with sub-
section (3), the member of the police force--
(a) may release the detained person; or
(b) subject to sub-section (2), may continue
to detain that person.
25 (5) In taking an action under sub-section (4), a
member of the police force must take the
action which he or she reasonably believes is
the most appropriate in the circumstances.
(6) A member of the police force must not
30 detain a person under section 60L in--
(a) a police gaol within the meaning of the
Corrections Act 1986; or
(b) a police cell or lock-up.
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(7) A member of the police force must not
interview or question a person who is
apprehended and detained under section 60L
in relation to any offence or alleged offence.
5 60N. Return of seized or produced volatile
substances and items used to inhale volatile
substances
(1) A member of the police force who--
(a) receives a volatile substance or an item
10 used to inhale a volatile substance
which is produced in accordance with a
request under section 60H(1)(b); or
(b) seizes a volatile substance or an item
used to inhale a volatile substance
15 under section 60J or 60K--
must, as soon as practicable after receiving
or seizing the volatile substance or an item
used to inhale a volatile substance, inform
the person from whom the volatile substance
20 or item was received or seized of his or her
right to have it returned.
(2) A person from whom a volatile substance or
item used to inhale a volatile substance was
received when it was produced in accordance
25 with a request under section 60H(1)(b) may
apply at the place of duty of the member of
the police force who received the volatile
substance or item for its return within 7 days
after it was so received.
30 (3) A person from whom a volatile substance or
item used to inhale a volatile substance was
seized under section 60J or 60K may apply
at the place of duty of the member of the
police force who seized the volatile
35 substance or item for its return within 7 days
after it was seized.
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(4) A volatile substance or an item used to
inhale a volatile substance that is received by
a member of the police force when it was
produced in accordance with a request under
5 section 60H(1)(b) or seized under section
60J or 60K may only be returned to a person
under 18 years of age if the person is
accompanied by a parent or guardian when
collecting the volatile substance or item.
10 60O. Disposal or making safe of volatile
substances and items used to inhale volatile
substances
Despite section 60N, a volatile substance or
an item used to inhale a volatile substance
15 received when it was produced in accordance
with a request under section 60H(1)(b) or
seized under section 60J or 60K may be
disposed of or made safe (as the case
requires) if--
20 (a) the member of the police force who
received or seized the volatile
substance or item believes that the
disposal or making safe of that
substance or item is necessary because
25 of the risk to health or safety in
removing it from the place of receipt or
seizure; or
(b) the officer in charge of the place of
duty of the member of the police force
30 who received or seized a volatile
substance or an item used to inhale a
volatile substance believes that the
disposal or making safe of that
substance or item is necessary because
35 of the risk to health or safety in storing
it.
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60P. Forfeiture to Crown
(1) A seized volatile substance or an item used
to inhale a volatile substance that is not
returned to the person from whom it was
5 seized within 7 days after being so seized is
forfeited to the Crown.
(2) A volatile substance or an item used to
inhale a volatile substance received by a
member of the police force when it was
10 produced in accordance with a request under
section 60H(1)(b) that is not returned to the
person from whom it was received within
7 days after being so received is forfeited to
the Crown.
15 (3) If any volatile substance or item used to
inhale a volatile substance is forfeited to the
Crown under sub-section (1) or (2)--
(a) the Minister may direct that it be
disposed of in any manner that the
20 Minister thinks fit; and
(b) if it is sold, the proceeds of the sale
must be paid into the Consolidated
Fund.
60Q. Records concerning searches, seizure,
25 receipt or disposal of property,
apprehensions and detentions
(1) A member of the police force who conducts
a search under section 60E must make a
written record of the search containing the
30 prescribed particulars.
(2) A member of the police force who conducts
a search under section 60F must make a
written record of the search containing the
prescribed particulars.
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(3) A member of the police force who receives a
volatile substance or an item used to inhale a
volatile substance which is produced in
accordance with a request under section
5 60H(1)(b) must make a written record of the
receipt containing the prescribed particulars.
(4) A member of the police force who seizes a
volatile substance or an item used to inhale a
volatile substance under section 60J or 60K
10 must make a written record of the seizure
containing the prescribed particulars.
(5) A member of the police force who
apprehends and detains a person under
section 60L must make a written record of
15 the apprehension and detention containing
the prescribed particulars.
(6) A member of the police force who disposes
of or makes safe a volatile substance or an
item used to inhale a volatile substance under
20 section 60O must make a written record of
the disposal or making safe of the substance
or item containing the prescribed particulars.
(7) A record required to be made by this section
must be made as soon as practicable--
25 (a) in the case of a search, after the
completion of the search; or
(b) in the case of a volatile substance or an
item used to inhale a volatile substance
received when it was produced in
30 accordance with a request under section
60H(1)(b), after the substance or item
was so received; or
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(c) in the case of a seizure of a volatile
substance or an item used to inhale a
volatile substance under section 60J or
60K, after the substance or item was
5 seized; or
(d) in the case of an apprehension and
detention under section 60L, after the
person who was apprehended and
detained is released in accordance with
10 section 60M; or
(e) in the case of the disposal or making
safe of a volatile substance or an item
used to inhale a volatile substance
under section 60O, after the substance
15 or item was disposed of or made safe.
60R. Person may request record
(1) A person who is subjected to a search under
section 60E or 60F is entitled, on request and
without charge, to a copy of the record of the
20 search if the request is made not later than
1 year after the date of the search.
(2) A person who produced a volatile substance
or an item used to inhale a volatile substance
in accordance with a request under section
25 60H(1)(b) to a member of the police force
who received it is entitled, on request and
without charge, to a copy of the record of the
receipt if the request is made not later than
1 year after the date of the production in
30 accordance with the request under section
60H(1)(b).
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(3) A person from whom a volatile substance or
an item used to inhale a volatile substance
was seized under section 60J or 60K is
entitled, on request and without charge, to a
5 copy of the record of the seizure if the
request is made not later than 1 year after the
date of the seizure.
(4) A person who is apprehended and detained
under section 60L is entitled, on request and
10 without charge, to a copy of the record of the
apprehension and detention if the request is
made not later than 1 year after the date of
apprehension and detention.
(5) A person whose property was disposed of or
15 made safe under section 60O is entitled, on
request and without charge, to a copy of the
record of the disposal or making safe if the
request is made not later than 1 year after the
date of the disposal or making safe.
20 (6) A request under sub-section (1), (2), (3), (4)
or (5) is to be made to the officer in charge
of the place of duty of the member of the
police force who searched the person,
received the substance or item produced in
25 accordance with the request under section
60H(1)(b), seized the substance or item,
apprehended and detained the person or
disposed of or made safe the substance or
item (as the case requires).
30 60S. Chief Commissioner to report on actions
under this Division
(1) The Chief Commissioner of Police must
provide to the Minister for inclusion in the
annual report of operations under Part 7 of
35 the Financial Management Act 1994 a
report containing--
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(a) the number of searches without warrant
under section 60E conducted during
that financial year; and
(b) the number of searches without warrant
5 under section 60F conducted during
that financial year; and
(c) information about the number and type
of volatile substances and items used to
inhale a volatile substance seized as a
10 result of conducting those searches; and
(d) information about the number and type
of volatile substances and items used to
inhale a volatile substance received by
members of the police force when
15 produced in accordance with a request
under section 60H(1)(b); and
(e) information about the number and type
of volatile substances and items used to
inhale a volatile substance returned to
20 persons under section 60N; and
(f) information about the number and type
of volatile substances and items used to
inhale a volatile substance disposed of
or made safe under section 60O; and
25 (g) information about the number and type
of volatile substances and items used to
inhale a volatile substance forfeited to
the Crown under section 60P; and
(h) the number of persons apprehended and
30 detained without warrant under section
60L during that financial year.
(2) A report provided under this section is not
required to specify the exact type of each
volatile substance or item used to inhale a
35 volatile substance referred to in the report.
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60T. Regulations
(1) For the purposes of this Part, the Governor in
Council may make regulations for or with
respect to--
5 (a) the manner in which searches and
seizures under this Division are to be
carried out; and
(b) particulars to be included in records
made under section 60Q; and
10 (c) any other matter or thing necessary or
convenient to be prescribed for the
purposes of this Part.
(2) Regulations made under this Part may--
(a) be of general or limited application;
15 (b) differ according to differences in time,
place or circumstance;
(c) confer powers or discretions or impose
duties on any person.'.
5. Repeal of provisions relating to search, seizure and
20 detention
(1) In the Drugs, Poisons and Controlled
Substances Act 1981--
(a) in the heading to Part IV omit the words
"AND SEARCH, SEIZURE AND
25 DETENTION POWERS RELATING TO
VOLATILE SUBSTANCES";
(b) the heading to Division 1 of Part IV is
repealed;
(c) Division 2 of Part IV is repealed.
30 (2) This Act is repealed.
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Drugs, Poisons and Controlled Substances (Volatile Substances)
Act 2003
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551067B.I1-8/5/2003 BILL LA CIRCULATION 25-10-2004
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