ADPP Session 2 Law general / Law powers
Definition of Custody - ANS Having a legal access to and a control over another person
Definition of Control - ANS Being able to have a power over someone's movements
Definition of Legal access - ANS Having a legislated right to interact with a person
Definition of Duty of care - ANS Taking all reasonable steps to avoid any act or omission that
might harm another that is reasonably foreseeable
Definition of Negligence - ANS Doing something a reasonable and prudent person wouldn't do,
or not doing something a reasonable and prudent person would.
Part 9 of LEPRA - ANS Provides the authorised detention of a person and the period of time
they can be detained and the exceptions of those time periods, provides the rights to the person
when detained and what is expected of them, and what they will expect from police
Vulnerable people (PANIC) - ANS P -Physically impaired
A - ATSI
N - NESB
I - Intellectually impaired
C - Children
s.11 of the Summary offences act - ANS Possession or consumption of liquor by minors in a
public place.
The accused, a person who is under the age of 18, do so possess or consume liquor, in a public
place, without the supervision of a responsible adult, without a reasonable excuse, is guilty of an
offence
s.11(2) of the summary offences act - ANS Police power to seize liquor from minors, open
bottles are poured out, sealed bottles are confiscated for a minimum of 24 hours to be claimed.
s11 (5) A of the summary offences act - ANS Police who suspect a person is a minor who has
committed an offence under s.11 may require this person to state their full name and address,
and proof of age then or at a police station within a reasonable time.
s.128(1) of the Liquor act - ANS Police who suspect a person is a minor and who has
committed an offence under the liquor act require them to state, their full name and residential
,address, their date of birth and to produce then or at a police station within a reasonable time,
evidence, showing proof of age.
s.118 (1) of the liquor act - ANS A minor must not consume liquor on a licensed premises ,
consume liquor on the premises of an unlicensed restaurant unless in company of parents or
with their permission with responsible supervision, obtain or attempt to obtain liquor for
consumption on a licensed premises or carry or attempt to carry away liquor away from a
licensed premises without reasonable excuse
s.129 of the liquor act - ANS A minor that uses any evidence of age document in order to gain
entry to or remain in or obtain liquor from a licensed premises is guilt of an offence if the
document is false in a material particular to the minor
s.77(2) a of the liquor act - ANS A police officer may turn out of a licensed premises any person
who is at the time intoxicated, violent, quarrelsome or disorderly
s.77(6) of the liquor act - ANS A person that has been refused entry to or turned out from a
licensed premises in accordance with s.77(2) must not re-enter or attempt to re-enter the
premises for 24 hours
s.77(8) of the liquor act - ANS A person that has been refused entry to or turned out of a
licensed premises in accordance with s.77(2) must not without a reasonable excuse re-enter the
vicinity of the licensed premises for 6 hours (the vicinity is seen as 50 meters from the boundary
point)
Reasonable excuse are, if the person is in danger, if the person requires transport, if the person
lives within the vicinity
s.73 of the liquor act - ANS A licensee must not permit on a licensed premises intoxication, any
indecent violent, or quarrelsome conduct
s.74 of the liquor act - ANS A licensee must not permit the premises to be used for the sale of
goods s/he suspect of being stolen, or any substance s/he suspects of being a prohibited drug
or prohibited plant.
s.24 of the Gaming and liquor administration act - ANS A police officer has the power to enter
any licensed premises at any time for determining whether there has been a compliance with or
a contravention of the gaming and liquor legislation
s.26 of the gaming and liquor administration act - ANS Police may inspect or examine any part
of the premises or any article, make any such examinations and enquires as considered
necessary, require records to be produced for inspection, examine, inspect and copy any
records, or do any other thing empowered to do so under this act.
, s.34 of the gaming liquor and administration act - ANS A person must not without lawful
excuse, refuse or fail to comply with a requirement made by police officers, it is also an offence
to obstruct, delay, hinder, assault, threaten, insult or intimidate a police officer exercising their
powers under this legislation
s.198 of LEPRA - ANS Move on direction to intoxicated persons in a public place
A police officer may give a direction to an intoxicated person in a public place who is disorderly,
and likely to cause injury to themselves or another or damage property or is a risk to public
safety; to, move from the area and not return for a specified time
s.206 of LEPRA - ANS Police have the power to detain an intoxicated person who is
I) behaving in a manner that is disorderly
II) behaving in a manner likely to cause injury to themselves, another, or damage property
III) due to the level of intoxication is in need of physical protection
s.208 of LEPRA - ANS Police power to search intoxicated persons.
You may search an intoxicated person an take possession of any personal belongings while
they are detained, property is to be returned on release
s.5 of the Liquor act - ANS Intoxication Defined:
A person is intoxicated if,
the persons speech, balance, co-ordination or behavior is noticeably affected and
it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination
and behavior is the result of consumption of liquor
s.198(5) of LEPRA - ANS Intoxication Defined:
The persons speech, balance, co-ordination or behavior is noticeably affected and
it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination
and behavior is the result of consumption alcohol or another drug
s.205 of LEPRA - ANS Intoxication Defined:
A person who appears to be seriously affected by alcohol or another drug or a combination of
both
s.10 of the Drugs misuse and trafficking act - ANS Possession of a prohibited drug.
The accused, had in his or her possession a prohibited drug
Possession defined - ANS The person knew of the existence of the item and
Knew its likely nature and had either
Exclusive control of the drug or,
Joint control of the drug or,
Defacto control of the drug
