South Australian Numbered Acts South Australian Numbered Acts9—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.