Western Australian Current Acts

PROTECTIVE CUSTODY ACT 2000 - SECT 5

5 .         Intoxicants may be seized from children using them

        (1)         An authorised officer may seize an intoxicant from a child who is in a public place if —

            (a)         the child is consuming or inhaling the intoxicant; or

            (b)         the officer reasonably suspects that the child is about to consume or inhale the intoxicant,

                and the officer reasonably suspects that the child is likely to become intoxicated if the intoxicant is not seized.

        (1a)         The power given by subsection (1) to an authorised officer who is a security officer as defined in the Public Transport Authority Act 2003 section 3 applies only if the public place is Authority property as defined in that Act.

        (2)         The intoxicant may be seized even if the child is not intoxicated.

        (3)         The officer may destroy the intoxicant.

        (4)         This section does not prevent an intoxicant that has been seized from being seized under another written law or under a legal process.

        [Section 5 amended: No. 31 of 2003 s. 206(3).]