DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 60L Apprehension and detention
DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 60L
Apprehension and detentionS. 60L(1) amended by No. 37/2014 s. 10(Sch. item 47.14(a)).
(1) A police officer may apprehend and detain a person if the police officer has reasonable grounds for believing that the person—
(a) is under 18 years of age; and
(b) is inhaling a volatile substance or has recently inhaled a volatile substance; and
(c) is likely by act or neglect to cause immediate serious bodily harm to himself or herself or to some other person.
S. 60L(2) amended by No. 37/2014 s. 10(Sch. item 47.14(b)).
(2) A police officer may apprehend and detain a person under subsection (1) irrespective of whether—
(a) the person was searched under section 60E or 60F; or
(b) any volatile substance or item used to inhale a volatile substance—
(i) was seized as a result of such a search; or
S. 60L(2)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 47.14(b)).
(ii) was produced in accordance with a request under section 60H(1)(b) and received by a police officer.
S. 60L(3) amended by No. 37/2014 s. 10(Sch. item 47.14(b)).
(3) Subject to subsection (4), on apprehending and detaining a person under subsection (1) or as soon as practicable thereafter, a police officer must inform the person that—
(a) the person is not under arrest in relation to any alleged offence; and
(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 some other person.
S. 60L(4) amended by No. 37/2014 s. 10(Sch. item 47.14(c)).
(4) A police officer is not required to comply with subsection (3) if the police officer believes on reasonable grounds that—
(a) the person is unable to understand the information referred to in that subsection because of the effects of inhaling a volatile substance; or
(b) it is otherwise impracticable to do so.
S. 60M inserted by No. 55/2003 s. 4.