Controlled Substances (Drug Detection Powers) Amendment Act 2008 (SA)

South Australia

Controlled Substances (Drug Detection Powers) Amendment Act 2008

An Act to amend the Controlled Substances Act 1984; and to make a related amendment to the Summary Offences Act 1953.

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Controlled Substances (Drug Detection Powers) Amendment Act 2008.

2—Commencement

This Act will come into operation on a day to be fixed by proclamation.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Controlled Substances Act 1984

4—Amendment of section 4—Interpretation

1. (1)

   Section 4(1)—before the definition of drug of dependence insert:

   drug detection dog means a dog that has completed training of a kind approved by the Commissioner of Police for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

2. (2)

   Section 4(1)—after the definition of drug of dependence insert:

   electronic drug detection system means—

   1. (a)

      an electronic device of a kind approved by the Commissioner of Police; or

   2. (b)

      a system, of a kind approved by the Commissioner of Police, that involves the use of an electronic device,

   for the purpose of detecting the presence of a controlled drug, controlled precursor or controlled plant;

   general drug detection means—

   1. (a)

      walking or otherwise placing a drug detection dog in the vicinity of a person or property; or

   2. (b)

      using an electronic drug detection system in relation to a person or property in a manner prescribed by regulation,

   for the purpose of determining whether the dog or system (as the case may be) detects the presence of a controlled drug, controlled precursor or controlled plant (but does not include any other conduct by a person that would constitute a search);

3. (3)

   Section 4(1)—after the definition of sell insert:

   senior police officer means a member of the police force of or above the rank of Inspector;

5—Amendment of section 52—Power to search, seize etc

1. (1)

   Section 52(6)—delete "Subject to subsection (7), an" and substitute:

   An

2. (2)

   Section 52(6)—delete "believes on reasonable grounds" and substitute:

   reasonably suspects

3. (3)

   Section 52(7) and (8)—delete subsections (7) and (8)

4. (4)

   Section 52(9)—delete "suspects on reasonable grounds that a substance" and substitute:

   reasonably suspects that any substance or equipment

5. (5)

   Section 52(9)(c)—delete "has reasonable cause to suspect affords" and substitute:

   reasonably suspects would afford

6. (6)

   Section 52(10)—delete "pursuant to a general search warrant issued under the Summary Offences Act 1953" and substitute:

   authorised under section 52A or 52B

7. (7)

   Section 52—delete subsections (11) and (12) and substitute:

   1. (11)

      A member of the police force may, in exercising powers pursuant to a warrant issued under subsection (4) or any other powers under this section, use a drug detection dog or an electronic drug detection system.

6—Insertion of sections 52A, 52B, 52C and 52D

After section 52 insert:

52A—General drug detection powers

1. (1)

   A member of the police force may carry out general…