AustLII Tasmanian Consolidated Acts

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POLICE OFFENCES ACT 1935 - SECT 21A

Unlawfully administering drug, &c.

(1)  Any person who, without lawful and reasonable excuse, administers or causes another person to take, without that person's consent, any drug, liquor or other thing which is likely to impair the consciousness or bodily function of the other person is guilty of an offence.
Penalty:  Fine not exceeding 100 penalty units or imprisonment for a term not exceeding 2 years, or both.
(2)  If a police officer has reasonable grounds to believe that a person is contravening or has contravened subsection (1) , the police officer may, without warrant and using such force, means and assistance as is reasonably necessary –
(a) detain and search that person; and
(b) seize any drug, liquor or other thing found on the person that the police officer believes is likely to impair the consciousness or bodily function of another person.
(3)  The court may, if it considers any drug, liquor or other thing that was seized under subsection (2)(b) may have been used during the commission of an offence against subsection (1) , order that the drug, liquor or other thing be forfeited to the Crown.
(4)  The court may make an order under subsection (3) whether or not the person is convicted of an offence against subsection (1) .
(5)  On conviction of a person of an offence against subsection (1) , any drug, liquor or other thing seized under subsection (2)(b) is forfeited to the Crown.



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