Queensland Consolidated Acts

POLICE POWERS AND RESPONSIBILITIES ACT 2000 - SECT 378A

378A Application of division

(1) This division applies if—

(a) a person is arrested for, or is being questioned by a police officer about, a minor drugs offence; and

(b) the person has not committed another indictable offence in circumstances that are related to the minor drugs offence; and

Examples of commission of an offence in circumstances related to a minor drugs offence—

• burglary of a home to obtain money to buy dangerous drugs or S4 or S 8 medicines the subject of the minor drugs offence

• the dangerous drugs or S4 or S 8 medicines the subject of the minor drugs offence are obtained as a result of the robbery of another person

• possessing another dangerous drug or S4 or S 8 medicine of a quantity that is more than the prescribed quantity under section 378B

(c) the person has not previously been sentenced to serve a term of imprisonment for an offence against the Drugs Misuse Act 1986 , section 5 , 6 , 8 or 9D ; and

(d) a police officer reasonably believes each minor drugs matter the subject of the minor drugs offence was for the person’s personal use.

(2) For subsection (1) (b) , a reference to another indictable offence does not include another minor drugs offence that is an indictable offence.