South Australian Current Acts South Australian Current Acts52A—General drug detection powers
(1) A police officer
may carry out general drug detection in relation to—
(a) any
property in an area to which this section applies; and
(b) any
person who is in, or is apparently attempting to enter or to leave, an area to
which this section applies; and
(c) any
property in the possession of such a person.
(2) This section
applies to the following areas:
(a)
licensed premises or a carparking area specifically provided for the use of
patrons of any licensed premises;
(b) a
public venue or a carparking area specifically provided for the use of patrons
of any public venue;
(c) a
public passenger carrier or any place at which public passenger carriers may
take up, or set down, passengers;
(d) a
public place in relation to which the exercise of powers under this section is
authorised in accordance with subsection (3).
(3) A senior police
officer may authorise the exercise of powers under this section in relation to
a public place.
(4) An authorisation
granted by a senior police officer under subsection (3)—
(a) must
be granted in accordance with any guidelines issued by the Commissioner in
relation to such authorisations; and
(b) must
define the public place to which the authorisation relates; and
(c) may
be subject to conditions specified by the officer granting the authorisation;
and
(d)
operates for an initial period (not exceeding 14 days) specified by the
officer granting the authorisation; and
(e) may
be renewed from time to time by a senior police officer for a further period
(not exceeding 14 days).
(5) An authorisation
granted under subsection (3) may be varied or revoked by a
senior police officer at any time.
(6) A police officer
exercising powers under this section may—
(a)
enter and remain in any premises or place necessary for the purpose of
exercising those powers; and
(b) give
such directions as are reasonably necessary for, or incidental to, the
effective exercise of those powers.
(7) A police officer
may only detain a person, by directions given under this section, for so long
as is reasonably necessary to carry out general drug detection in relation to
the person and any property in the possession of the person.
(8) In this
section—
"licensed premises" means—
(a)
licensed premises within the meaning of the Liquor Licensing Act 1997 ,
other than premises in respect of which only a restaurant licence or
residential licence is in force; and
(b) the
premises defined in the casino licence, within the meaning of the
Casino Act 1997 , as the premises to which the licence relates;
"public passenger carrier" means a bus, tram, train, vessel or aircraft used
for the purpose of carrying passengers for hire or reward;
"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, notwithstanding that that road, street, footway, court, alley
or thoroughfare is on private property;
"public venue" means a place where members of the public are gathered for an
entertainment or an event or activity of any kind, whether admission is open,
procured by the payment of money or restricted to members of a club or a class
of persons with some other qualification or characteristic, but does not
include a church or place of public worship.