Intoxicated Persons (Care and Protection) Amendment Act 2004 (ACT)
Intoxicated Persons (Care and Protection) Amendment Act 2004
A2004-54
An Act to amend the Intoxicated Persons (Care and Protection) Act 1994
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Name of Act
This Act is the Intoxicated Persons (Care and Protection) Amendment Act 2004.
Commencement
This Act commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Legislation amended
This Act amends the Intoxicated Persons (Care and Protection) Act 1994.
Interpretation for Act
Section 3 (1), new definition of prohibited substanceinsert
prohibited substance—see the Drugs of Dependence Act 1989, section 3.
Sections 6A to 8
substitute
6AAdmission to licensed place
A carer must not admit an intoxicated person to a licensed place if the person—
(a)refuses to give the carer the person’s clothing and other possessions for safekeeping; or
(b)refuses to undergo a search under section 6C when required to do so; or
NoteUnder s 6C, a search may be required before admission.
(c)is found to be in possession of a prohibited substance.
6BSafekeeping of possessions
A carer must secure the clothing and other possessions of an intoxicated person who is admitted to a licensed place.
6CPower of carer to search intoxicated person
(1)A carer may require an intoxicated person to undergo a frisk search in a licensed place before admitting the person.
(2)The frisk search of an intoxicated person must, if practicable, be carried out by a person of the same sex as the intoxicated person.
(3)If the intoxicated person is a transgender or intersex person, the person may ask that the frisk search be carried out by either a male or a female.
Note 1For the meaning of transgender person, see Legislation Act, s 169A.
Note 2For the meaning of intersex person, see Legislation Act, s 169B.
(4)If the intoxicated person asks that the frisk search be carried out by a male, the person is taken, for this section, to be male.
(5)If the intoxicated person asks that the frisk search be carried out by a female, the person is taken, for this section, to be female.
(6)In this section:
frisk search, of an intoxicated person, means a search in which light pressure is momentarily applied to the person over the person’s outer clothing without contact being made with—
(a)the person’s genital or anal areas; or
(b)for a female—the person’s breasts.
6DLeaving licensed place
(1)An intoxicated person who is admitted to a licensed place may leave the licensed place at any time.
(2)An intoxicated person who is admitted to a licensed place is taken to have left the licensed place if the person goes outside the licensed place unsupervised by a carer.
(3)A carer must return an intoxicated person’s possessions to the person when the person leaves the licensed place.
Information to be given to intoxicated person
The carer who admits an intoxicated person to a licensed place must tell the person that—
(a)the person may leave the licensed place at any time; and
(b)if the person goes outside the licensed place unsupervised by a carer, the person will be taken to have left the licensed place; and
(c)the person will be given adequate opportunity to contact a responsible person or other appropriate person.
Contacting other people
A licensee must ensure that an intoxicated person admitted to a licensed place has adequate opportunity to contact a responsible person or other appropriate person.
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 24 June 2004.
Notification
Notified under the Legislation Act on 16 August 2004.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Intoxicated Persons (Care and Protection) Amendment Bill 2004, which was passed by the Legislative Assembly on 5 August 2004.
Clerk of the Legislative Assembly
© Australian Capital Territory 2004
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