An Act to amend the Intoxicated Persons Act 1979 to revise the procedures relating to the care and detention of intoxicated persons, to extend that Act to persons affected by drugs and for other purposes.
1 Name of Act
This Act is the Intoxicated Persons Amendment Act 2000.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Intoxicated Persons Act 1979 No 67
The Intoxicated Persons Act 1979 is amended as set out in Schedule 1.
4 Repeal of Intoxicated Persons Regulation 1999
The Intoxicated Persons Regulation 1999 is repealed.
Schedule 1 Amendments
(Section 3)
[1] Section 3
Omit the section. Insert instead:3 DefinitionsIn this Act:means:(a) a police station, or(b) a detention centre within the meaning of the Children (Detention Centres) Act 1987 approved for the time being by the Minister as an authorised place of detention for the purposes of this Act.detention officer means a police officer, a correctional officer (within the meaning of the Crimes (Administration of Sentences) Act 1999) or a person in charge of or employed in a detention centre (within the meaning of the Children (Detention Centres) Act 1987).intoxicated person means a person who appears to be seriously affected by alcohol or another drug or a combination of drugs.public place means:(a) a place (whether or not covered by water or built on), orthat is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place is ordinarily so open or used, and whether or not the public to whom it is open consists of a limited class of persons, and includes a school (within the meaning of the Summary Offences Act 1988).(b) a part of any premises (including a structure, building, vehicle or vessel),responsible person includes any person who is capable of taking care of an intoxicated person, including:(a) a friend or family member, or(b) an official or member of staff of a government or non-government organisation or facility providing welfare or alcohol or other drug rehabilitation services.
[2] Section 5
Omit the section. Insert instead:5 Detention of intoxicated persons(1) A police officer may detain an intoxicated person found in a public place who is:(a) behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or(b) in need of physical protection because the person is intoxicated.(2) A police officer is not to detain a person under this section because of behaviour that constitutes an offence under any law.(3) An intoxicated person detained by a police officer under this section is to be taken to, and released into the care of, a responsible person willing immediately to undertake the care of the intoxicated person.(4) An intoxicated person detained by a police officer under this section may be taken to and detained in an authorised place of detention if:(a) it is necessary to do so temporarily for the purpose of finding a responsible person willing to undertake the care of the intoxicated person, or(b) a responsible person cannot be found to take care of the intoxicated person or the intoxicated person is not willing to be released into the care of a responsible person and it is impracticable to take the intoxicated person home, or(c) the intoxicated person is behaving or is likely to behave so violently that a responsible person would not be capable of taking care of and controlling the intoxicated person.(5) An intoxicated person who is detained in an authorised place of detention under this section may be detained there by any detention officer.(6) An intoxicated person who is detained in an authorised place of detention under this section:(a) must be given a reasonable opportunity by the person in charge of that place to contact a responsible person, and(b) must, as far as is reasonably practicable, be kept separately from any person detained at that place in connection with the commission or alleged commission of an offence, and(c) if the intoxicated person is apparently under the age of 18 years—must, as far as is reasonably practicable, be kept separately from any person over that age detained at that place, and(d) must not be detained in a cell at that place unless it is necessary to do so or unless it is impracticable to detain the person elsewhere at that place, and(e) must be provided with necessary food, drink, bedding and blankets appropriate to the person’s needs, and(f) must be released as soon as the person ceases to be an intoxicated person.(7) An intoxicated person detained under this section may be detained under such reasonable restraint as is necessary to protect the intoxicated person and other persons from injury and property from damage.(8) This section does not authorise a responsible person into whose care an intoxicated person is released to detain the intoxicated person.
[3] Section 6 Searching detained persons
Omit section 6 (1). Insert instead:(1) A police officer or other detention officer by whom an intoxicated person is detained under section 5 may search the intoxicated person and may take possession of any personal belongings found in the person’s possession.
[4] Section 7 Records
Omit section 7 (1) (a) and (b). Insert instead:(a) any police officer who detains an intoxicated person under section 5 and takes the person to an authorised place of detention, and(b) the person in charge of an authorised place of detention where an intoxicated person is detained under section 5 (or a person authorised to do so by that person in charge), and
[5] Section 7 (1)
Omit “the prescribed record”.Insert instead “the record approved by the Minister”.
[6] Section 8 Police officers and others not liable for certain acts or omissions
Omit “any member of the police force, any authorised person, any person engaged in the conduct of a proclaimed place” and “the member, the authorised person, the person so engaged”.Insert instead, respectively, “any police officer, any detention officer” and “the police officer, detention officer”.
[7] Section 10
Insert after section 9:10 Savings and transitional provisions(1) In this section:amending Act means the Intoxicated Persons Amendment Act 2000.(2) A person who was detained under this Act immediately before the commencement of this section is to continue to be detained and dealt with as if this Act had not been amended by the amending Act.(3) Section 8 (as in force before its amendment by the amending Act) continues to apply in respect of anything done or omitted before the section was so amended.(4) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the amending Act.