Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 60BA

Protective services officer may exercise police powers under this Division

S. 60BA(1) amended by No. 37/2014 s. 10(Sch. item 47.4(a)).

    (1)     Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on a police officer under this Division other than section 60M(4) and (5).

S. 60BA(2) amended by No. 37/2014 s. 10(Sch. item 47.4(a)).

    (2)     Any reference in this Division to an action taken by a police officer includes any action taken by a protective services officer exercising the powers of a police officer in reliance on subsection (1).

    (3)     A protective services officer may only exercise the powers under this Division in relation to a person who is at, or in the vicinity of, a designated place.

    (4)     Subsection (5) applies if a protective services officer—

        (a)     has detained a person who is under 18 years of age under section 60L ; and

        (b)     after taking all reasonable steps, has been unable to release the person into the care of a suitable person in accordance with section 60M(3).

    (5)     The protective services officer—

        (a)     may release the detained person; or

S. 60BA(5)(b) amended by No. 37/2014 s. 10(Sch. item 47.4(a)).

        (b)     subject to section 60M(2), may continue to detain the person until the person can be handed into the custody of a police officer.

    (6)     In taking an action under subsection (5), a protective services officer must take the action which he or she reasonably believes is the most appropriate in the circumstances.

S. 60BA(7) substituted by No. 37/2014 s. 10(Sch. item 47.4(b)), repealed by No. 45/2017 s. 17.

    *     *     *     *     *

S. 60C inserted by No. 55/2003 s. 4.



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