Western Australian Current Acts

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PROTECTIVE CUSTODY ACT 2000 - SECT 6

6 .         Intoxicated people may be apprehended

        (1)         If an authorised officer reasonably suspects that a person who is in a public place or who is trespassing on private property —

            (a)         is intoxicated; and

            (b)         needs to be apprehended —

                  (i)         to protect the health or safety of the person or any other person; or

                  (ii)         to prevent the person causing serious damage to property,

                the officer may apprehend the person.

        (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 person to be apprehended is in or on Authority property as defined in that Act.

        (2)         The authorised officer may use reasonable force and assistance to apprehend the person.

        (3)         An authorised officer who apprehends a person must record the date and time when the person is apprehended.

        [Section 6 amended: No. 31 of 2003 s. 206(4).]



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