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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Public Intoxication (Review Recommendations) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Public
Intoxication Act 1984
.
Contents
Part 2—Amendment of Public
Intoxication Act 1984
2Objects and guiding
principles
6Amendment of section
4—Interpretation
7Amendment of section 5—Administrative
provisions
8Amendment of heading to Part 2
9Amendment of section 7—Apprehension of
intoxicated persons
10Amendment of section 8—Application for
declaration
13Immunity relating
to official powers or functions
Schedule 1—Statute law revision
amendments
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Public Intoxication (Review
Recommendations) Amendment Act 2016.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Public Intoxication
Act 1984
Long title—delete "or alcohol"
Section 3—delete the section and substitute:
2—Objects and guiding
principles
(1) The object of this Act is—
(a) to promote the minimisation of harm that may befall a person in a
public place as a result of a person's intoxication; and
(b) for that purpose, to confer appropriately limited
powers—
(i) to remove an intoxicated person from a public place in which the
person is vulnerable or may become a threat; and
(ii) to take the person to a place of safety until the person is
recovered.
(2) In the performance of their functions under this Act, the Minister,
police officers, authorised officers and other persons or bodies involved in the
administration of this Act are to be guided by the following
principles:
(a) primary concern is to be given to the health and well-being of a
person apprehended under this Act;
(b) a person detained under this Act should, where practicable, be
detained in a place other than a police station.
6—Amendment
of section 4—Interpretation
(1) Section 4, definition of drug—delete the
definition and substitute:
drug includes alcohol or any other substance that is capable
(either alone or in combination with other substances) of influencing mental
functioning;
(2) Section 4—after the definition of person in charge
insert:
public place includes—
(a) a place to which free access is permitted to the public, with the
express or tacit consent of the owner or occupier of that place; and
(b) a place to which the public are admitted on payment of money, the test
of admittance being the payment of money only; and
(c) a road, street, footway, court, alley or thoroughfare which the public
are allowed to use, despite the fact that the road, street, footway, court,
alley or thoroughfare is on private property;
7—Amendment
of section 5—Administrative provisions
Section 5(1)—delete subsection (1) and substitute:
(1) The Governor may, by proclamation, declare premises that have
facilities for the care and treatment of persons under the influence of a drug
to be a sobering-up centre for the purposes of this Act.
8—Amendment
of heading to Part 2
Heading to Part 2—delete "or alcohol"
9—Amendment
of section 7—Apprehension of intoxicated persons
(1) Section 7(1)—delete subsection (1) and substitute:
(1) If a police officer or an authorised officer has reasonable grounds to
believe that—
(a) a person who is in a public place is under the influence of a drug;
and
(b) by reason of that fact, the person is unable to take proper care of
himself or herself,
the police officer or authorised officer may apprehend that
person.
(2) Section 7(4) and (5)—delete subsections (4) and (5) and
substitute:
(4) If a person apprehended under this section is taken to a police
station, the responsible officer for the police station may detain the person
and give such directions to that person as are reasonably necessary for that
purpose but must, before the expiration of the period of 12 hours from the
time of apprehension—
(a) discharge the person if the person has, in the opinion of the
responsible officer, so recovered from the effects of the drug as to be able to
take care of himself or herself; or
(b) if not, cause the person to be transferred to a sobering-up centre for
admission as a patient.
(5) If a person apprehended under this section is taken to a sobering-up
centre and admitted as a patient, the person may be detained at the centre by
the person in charge of the centre but must be discharged—
(a) if the person has, in the opinion of the person in charge, so
recovered from the effects of the drug as to be able to take care of himself or
herself; or
(b) in any case, before the expiration of the period of 18 hours from
the time of apprehension of the person.
10—Amendment
of section 8—Application for declaration
Section 8(1) and (2)—delete subsections (1) and (2) and
substitute:
(1) A person may,
before the expiration of 30 days of being discharged from a police station
or a sobering-up centre, apply to the Magistrates Court for a declaration that,
at the time the person was being detained under this Part, the person was not
under the influence of a drug.
(2) If the Court is satisfied that the applicant was not under the
influence of a drug at the time he or she was detained, the Court may make a
declaration accordingly.
Section 14—delete the section and substitute:
13—Immunity relating to official powers or
functions
(1) Subject to this
Act, no civil liability attaches to an authorised officer for an act or omission
in the exercise or purported exercise of official powers or functions.
(2) An action that would, but for
subsection (1)
, lie against a person lies instead against the Crown.
(3) This section does not prejudice rights of action of the Crown in
respect of an act or omission of a person not in good faith.
Schedule 1—Statute
law revision amendments
Provision amended |
How amended |
---|---|
Section 4, definition of child |
Delete "eighteen" and substitute: 18 |
Section 4, definition of domestic partner |
Delete "he or she" and substitute: the person |
Section 5(3) |
Delete "he" and substitute: the Minister |
Section 7(3) |
Delete subsection (3) and substitute: (3) If a police officer or an authorised officer has apprehended a person
under subsection (1), the officer must take that person as soon as
reasonably practicable— (a) to the place of residence, if any, at which the apprehended person is
permanently or temporarily residing and there release the person from custody;
or (b) to a place for the time being approved by the Minister for the
purposes of this paragraph and there release the person from custody;
or (c) to a police station; or (d) to a sobering-up centre for admission as a patient. |
Section 7(6) |
Delete "Where" and substitute: If |
Section 7(6) |
Delete "and taken into custody pursuant to subsection (2) shall be
returned to the person on, or before, his discharge except where he indicates
that he" and substitute: must be returned to the person on, or before, the person's discharge except
where the person indicates that the person |
Section 7(7) |
Delete "Where a child is detained pursuant to" and substitute: If a child is detained under |
Section 7(7) |
Section 7(7)—delete "he is detained shall" and substitute: the child is detained must |
Section 7(8) |
Delete "Where" and substitute: If |
Section 7(8) |
Delete "pursuant to this section, the person by whom he is detained shall
allow him" and substitute: under this section, the officer by whom the person is detained must allow
the person |
Section 7(9) |
Delete "Notwithstanding" and substitute: Despite |
Section 7(9)(a) |
Delete "pursuant to" and substitute: under |
Section 7(9)(a) |
Delete "he" and substitute: the person |
Section 7(9) |
Delete "shall" and substitute: must |
Section 7(10) |
Delete "Where" and substitute: If |
Section 7(10) |
Delete "pursuant to" and substitute: under |
Section 7(10) |
Delete "shall" and substitute: must |
Section 7(11) |
Delete "pursuant to" and substitute: under |
Section 8(3) |
Delete "shall be" and substitute: are |
Section 9 |
Delete "pursuant to" and substitute: under |
Section 9 |
Delete "his" and substitute: the |
Section 10 |
Delete the section and substitute: 10—Custody of persons detained (1) A person who has been detained will, until discharged in accordance
with this Act, be taken to be in lawful custody— (a) while kept in the police station or sobering-up centre under this Act;
or (b) while in the custody of a person in whose charge the person is placed
by the responsible officer for the police station, or by the person in charge of
the sobering-up centre, as the case may be. (2) If a police officer or an authorised officer has reasonable cause to
believe that a person detained under this Act has escaped from lawful custody,
the officer may apprehend the person at any time without warrant and return the
person to the place in which the person was being detained. |
Section 11(1) |
Delete "pursuant to this Act who ill-treats or wilfully neglects that
person shall be" and substitute: under this Act who ill-treats or wilfully neglects that person is |
Section 12 |
Delete the section and substitute: 12—Offence to remove or aid escape of detained
person A person who, without lawful excuse— (a) removes a person detained under this Act from the place in which the
person is being detained, or from the lawful custody of another person;
or (b) aids a person so detained to escape from that place or that
custody, is guilty of an offence. Maximum penalty: $2 000 or imprisonment for 1 year. |