Victorian Current Acts

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DRUGS, POISONS AND CONTROLLED SUBSTANCES ACT 1981 - SECT 82A

Protective services officer may exercise police powers under section 82 to search without warrant

    (1)     Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the duties given to or imposed on a police officer under section 82 other than—

        (a)     the power to search a boat, vessel or aircraft; and

        (b)     subject to subsection (4)—

              (i)     the power to carry away any instrument, device or substance under section 82(1)(g) or (2)(g); and

              (ii)     the power to carry away any drug of dependence or psychoactive substance under section 82(1)(h) or (2)(h).

    (2)     Any reference in section 82 to an action taken by a police officer includes any action taken by a protective services officer on duty at a designated place exercising the powers of a police officer in reliance on subsection (1).

    (3)     A protective services officer on duty at a designated place may only exercise the powers under section 82 in relation to a person who is at, or in the vicinity of, a designated place.

    (4)     If, in the course of a search under section 82, a protective services officer on duty at a designated place seizes any instrument, device or substance under section 82(1)(g) or (2)(g), or any drug of dependence or psychoactive substance under section 82(1)(h) or (2)(h)—

        (a)     the protective services officer, as soon as practicable after that seizure, must give the instrument, device, substance, drug of dependence or psychoactive substance to a police officer; and

        (b)     the police officer must deal with that instrument, device, substance, drug of dependence or psychoactive substance according to law as if it had been seized by that police officer under section 82.

S. 83 substituted by No. 10002 s. 7(1).



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