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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Misuse of Drugs Amendment (Search Powers)
Bill 2016
Contents
1. Short title 2
2. Commencement 2
3. Act amended 2
4. Section 3 amended 2
5. Part 4A inserted 3
Part 4A -- Targeted searches
Division 1 -- Preliminary
20A. Terms used 3
Division 2 -- Authorisations
20B. Authorisation to exercise powers to search
a vehicle or a person 4
20C. Authorisation to exercise powers to search
premises 6
Division 3 -- Ancillary provisions in relation to
exercising powers
20D. Other written laws 7
20E. Assistance when exercising powers under
this Part 7
20F. Use of force 7
Division 4 -- Vehicle searches
20G. Powers of police officers in relation to
searching vehicle in drug detection area 8
20H. Powers of police officers in relation to
searching persons in a drug detection
area 9
Division 5 -- Searches of delivery business
premises
20I. Powers of police officers in relation to
premises 10
202--1 page i
Misuse of Drugs Amendment (Search Powers) Bill 2016
Contents
Division 6 -- Offences
20J. Failure to comply with requirement of
police officer 12
20K. Application of section 29 to exercise of
powers conferred by or under this Part 12
Division 7 -- Prescribed procedures
20L. Regulations as to the exercise of powers
under this Part 13
6. Section 21 amended 13
7. Section 34 amended 14
8. Section 42A and 42B inserted 14
42A. Annual report to Minister on Part 4A 14
42B. Review of Part 4A 15
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Misuse of Drugs Amendment (Search Powers)
Bill 2016
A Bill for
An Act to amend the Misuse of Drugs Act 1981.
The Parliament of Western Australia enacts as follows:
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Misuse of Drugs Amendment (Search Powers) Bill 2016
s. 1
1 1. Short title
2 This is the Misuse of Drugs Amendment (Search Powers)
3 Act 2016.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Act amended
11 This Act amends the Misuse of Drugs Act 1981.
12 4. Section 3 amended
13 In section 3(1) insert in alphabetical order:
14
15 category 1 item has the meaning given in section 12;
16 category 2 item has the meaning given in section 12;
17 vehicle includes aircraft, hovercraft, vessel and any
18 other means of transportation;
19
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s. 5
1 5. Part 4A inserted
2 After section 20 insert:
3
4 Part 4A -- Targeted searches
5 Division 1 -- Preliminary
6 20A. Terms used
7 In this Part --
8 Australia Post has the meaning given in the Australian
9 Postal Corporation Act 1989 (Commonwealth)
10 section 3;
11 consigned article means any article, including a letter,
12 document, envelope, packet, parcel, package, container
13 or wrapper, consigned for delivery by a delivery
14 business;
15 controlled precursor means a category 1 item or a
16 category 2 item;
17 delivery business means a business that delivers
18 consigned articles but does not include Australia Post;
19 drug detection area means an area referred to in
20 section 20B(2)(a);
21 drug detection device means an electronic device, or a
22 system that uses or involves an electronic device, of a
23 type approved by the Commissioner for the purpose of
24 detecting the presence of any of the following --
25 (a) a prohibited drug;
26 (b) a prohibited plant;
27 (c) a controlled precursor;
28 drug detection dog means a dog trained to detect the
29 presence of any of the following --
30 (a) a prohibited drug;
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Misuse of Drugs Amendment (Search Powers) Bill 2016
s. 5
1 (b) a prohibited plant;
2 (c) a controlled precursor;
3 metropolitan region has the meaning given in the
4 Planning and Development Act 2005 section 4(1);
5 preliminary drug detection test means --
6 (a) leading or otherwise placing a drug detection
7 dog in the vicinity of a person or property; or
8 (b) using a drug detection device in relation to a
9 person or property;
10 premises search authorisation means an authorisation
11 issued by a senior police officer under section 20C;
12 senior police officer means a police officer who is, or
13 is acting as, a superintendent or an officer above the
14 rank of superintendent;
15 vehicle search authorisation means an authorisation
16 issued by a senior police officer under section 20B.
17 Division 2 -- Authorisations
18 20B. Authorisation to exercise powers to search a vehicle
19 or a person
20 (1) A senior police officer may issue a vehicle search
21 authorisation under this section if the senior police
22 officer is satisfied there are reasonable grounds to
23 suspect that an area is being, or is likely to be, used for
24 the transport of any of the following --
25 (a) a prohibited drug;
26 (b) a prohibited plant;
27 (c) a controlled precursor.
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1 (2) A vehicle search authorisation must set out the
2 following --
3 (a) subject to subsection (3), the boundaries of the
4 area to which the authorisation relates (the drug
5 detection area);
6 (b) the date and time from which it is to take effect;
7 (c) the period, not exceeding 14 days, for which it
8 has effect.
9 (3) A senior police officer must not specify an area under
10 subsection (2)(a) that --
11 (a) is in the metropolitan region; or
12 (b) exceeds an area of 5 square kilometres.
13 (4) A vehicle search authorisation may be subject to any
14 conditions specified in the authorisation by the senior
15 police officer issuing the authorisation.
16 (5) A vehicle search authorisation --
17 (a) may be renewed by a senior police officer --
18 (i) before the vehicle search authorisation
19 expires; and
20 (ii) for a period not exceeding 14 days; and
21 (iii) if the senior police officer is satisfied
22 that the requirements set out in
23 subsection (1) are met;
24 and
25 (b) may be renewed under paragraph (a) more than
26 once; and
27 (c) may be revoked or varied by a senior police
28 officer.
29 (6) A vehicle search authorisation issued when
30 3 authorisations are already in force has no effect.
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1 (7) A vehicle search authorisation, or the renewal,
2 variation or revocation of a vehicle search
3 authorisation, must be in writing.
4 20C. Authorisation to exercise powers to search premises
5 (1) A senior police officer may issue a premises search
6 authorisation under this section in respect of premises
7 used primarily for carrying on a delivery business.
8 (2) A premises search authorisation must set out the
9 following --
10 (a) the address of the premises to which the
11 authorisation relates;
12 (b) the date and time from which it is to take effect;
13 (c) the period, not exceeding 24 hours, for which it
14 has effect.
15 (3) A premises search authorisation may be subject to any
16 conditions specified in the authorisation by the senior
17 police officer issuing the authorisation.
18 (4) A premises search authorisation --
19 (a) may be renewed by a senior police officer --
20 (i) before the premises search authorisation
21 expires; and
22 (ii) for a period not exceeding 24 hours;
23 and
24 (b) may be renewed under paragraph (a) more than
25 once; and
26 (c) may be revoked or varied by a senior police
27 officer.
28 (5) A premises search authorisation issued when
29 3 authorisations are already in force has no effect.
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1 (6) A premises search authorisation, or the renewal,
2 variation or revocation of a premises search
3 authorisation, must be in writing.
4 Division 3 -- Ancillary provisions in relation to
5 exercising powers
6 20D. Other written laws
7 Unless the contrary intention appears in this Act or
8 another written law --
9 (a) this Part does not affect the operation of any
10 other written law; and
11 (b) the powers in this Part are in addition to, and
12 not in derogation of, the powers conferred on
13 police officers by Part V or any other written
14 law.
15 20E. Assistance when exercising powers under this Part
16 (1) A police officer may authorise as many other persons
17 to assist in exercising a power under this Part as are
18 reasonably necessary in the circumstances.
19 (2) If a police officer authorises other persons to assist in
20 the exercise of powers under this Part, the Criminal
21 Investigation Act 2006 section 15, with any necessary
22 changes, applies to and in relation to the exercise of
23 powers by, or the assistance of, that person.
24 20F. Use of force
25 When exercising a power under this Part, a person may
26 use such force as is reasonably necessary and with such
27 assistance as the person considers necessary --
28 (a) to exercise the power; and
29 (b) to overcome any resistance to exercising the
30 power that is offered, or that the person
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s. 5
1 exercising the power reasonably suspects will
2 be offered, by any person.
3 Division 4 -- Vehicle searches
4 20G. Powers of police officers in relation to searching
5 vehicle in drug detection area
6 (1) In this section --
7 search includes doing a preliminary drug detection
8 test.
9 (2) Under a vehicle search authorisation, a police officer
10 may do one or more of the following in relation to a
11 vehicle in the drug detection area set out in the
12 authorisation --
13 (a) require the driver of the vehicle to stop the
14 vehicle;
15 (b) enter and search any part of the vehicle;
16 (c) detain the vehicle for a reasonable period in
17 order to search the vehicle;
18 (d) move the vehicle to a place suitable to search
19 the vehicle;
20 (e) require a person to open any part of the vehicle;
21 (f) require the driver, or a passenger, of the vehicle
22 not to leave, or to remain in, the vehicle;
23 (g) take any action that is reasonably necessary in
24 order to search the vehicle.
25 (3) A police officer has reasonable grounds to suspect that
26 any thing referred to in section 23(1)(a), (b) or (c) is in
27 the possession of a person, if a preliminary drug
28 detection test in relation to a vehicle in which the
29 person is, or was, the driver or a passenger, indicates
30 the detection of any of the following --
31 (a) a prohibited drug;
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s. 5
1 (b) a prohibited plant;
2 (c) a controlled precursor.
3 (4) Section 25 applies as if the reference in subsection (1)
4 of that section to a police officer exercising the powers
5 conferred by section 22 or 23 included a reference to a
6 police officer exercising the powers conferred by
7 subsection (2) of this section.
8 (5) Section 26 applies as if --
9 (a) the reference in subsection (1)(a)(i) and (ii) of
10 that section to a dangerous substance included a
11 reference to a controlled precursor; and
12 (b) the reference in subsection (1) of that section to
13 the exercise of the powers conferred by
14 section 22 or 23 included a reference to the
15 exercise of the powers conferred by
16 subsection (2) of this section.
17 20H. Powers of police officers in relation to searching
18 persons in a drug detection area
19 (1) Under a vehicle search authorisation, a police officer
20 may do a preliminary drug detection test on the
21 following persons --
22 (a) the driver of a vehicle in the drug detection
23 area; or
24 (b) a passenger of a vehicle in the drug detection
25 area; or
26 (c) a person who a police officer has reasonable
27 grounds to suspect has recently left a vehicle
28 that is, or was, in the drug detection area.
29 (2) A police officer who wishes to do a preliminary drug
30 detection test on a person under subsection (1) may
31 detain the person for a reasonable period in order to do
32 the test.
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s. 5
1 (3) A police officer has reasonable grounds to suspect that
2 any thing referred to in section 23(1)(a), (b) or (c) is in
3 the possession of a person, if a preliminary drug
4 detection test indicates the detection of any of the
5 following on the person --
6 (a) a prohibited drug;
7 (b) a prohibited plant;
8 (c) a controlled precursor.
9 (4) Section 25 applies as if the reference in subsection (1)
10 of that section to a police officer exercising the powers
11 conferred by section 22 or 23 included a reference to a
12 police officer exercising the powers conferred by
13 subsection (1) of this section.
14 (5) Section 26 applies as if --
15 (a) the reference in subsection (1)(a)(i) and (ii) of
16 that section to a dangerous substance included a
17 reference to a controlled precursor; and
18 (b) the reference in subsection (1) of that section to
19 the exercise of the powers conferred by
20 section 22 or 23 included a reference to the
21 exercise of the powers conferred by
22 subsection (1) of this section.
23 Division 5 -- Searches of delivery business premises
24 20I. Powers of police officers in relation to premises
25 (1) In this section --
26 premises includes a vehicle at the premises.
27 (2) Under a premises search authorisation, a police officer
28 may do one or more of the following in respect of the
29 premises to which the authorisation relates --
30 (a) enter the premises;
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s. 5
1 (b) subject to subsection (3), do a preliminary drug
2 detection test on, or in relation to, any
3 consigned article;
4 (c) take into and use in the premises any equipment
5 that is, or facilities that are, reasonably
6 necessary in order to exercise any power under
7 the authorisation;
8 (d) make reasonable use of any equipment,
9 facilities or services in the premises in order to
10 exercise any power under the authorisation and
11 for that purpose --
12 (i) to operate the equipment or facilities;
13 and
14 (ii) to require an occupier of the premises to
15 do anything that is reasonable and
16 necessary to facilitate that use;
17 (e) open and examine a consigned article if a
18 preliminary drug detection test indicates the
19 detection of any of the following in relation to
20 the article --
21 (i) a prohibited drug;
22 (ii) a prohibited plant;
23 (iii) a controlled precursor;
24 (f) take any action that is reasonably necessary in
25 order to search the premises.
26 (3) A police officer may do a preliminary drug detection
27 test on, or in relation to, a consigned article under
28 subsection (2)(b) only if the consigned article is in a
29 part of the premises used for the purpose of --
30 (a) storing consigned articles prior to delivery; or
31 (b) sorting consigned articles prior to delivery; or
32 (c) dispatching consigned articles for delivery; or
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s. 5
1 (d) if the consigned article is in a vehicle, parking
2 vehicles.
3 (4) Section 25 applies as if the reference in subsection (1)
4 of that section to a police officer exercising the powers
5 conferred by section 22 or 23 included a reference to a
6 police officer exercising the powers conferred by
7 subsection (2) of this section.
8 (5) Section 26 applies as if --
9 (a) the reference in subsection (1)(a)(i) and (ii) of
10 that section to a dangerous substance included a
11 reference to a controlled precursor; and
12 (b) the reference in subsection (1) of that section to
13 the exercise of the powers conferred by
14 section 22 or 23 included a reference to the
15 exercise of the powers conferred by
16 subsection (2) of this section.
17 Division 6 -- Offences
18 20J. Failure to comply with requirement of police officer
19 A person who fails to comply, without reasonable
20 excuse, with a requirement of a police officer in the
21 exercise of powers conferred on that police officer
22 under section 20G(2)(a), (e) or (f), or 20I(2)(d)(ii),
23 commits a simple offence.
24 20K. Application of section 29 to exercise of powers
25 conferred by or under this Part
26 Section 29 applies as if references in paragraphs (a)
27 and (b) of that section to a police officer acting in the
28 exercise of the powers conferred on the police officer
29 by or under Part V or a person assisting a police officer
30 so acting included a reference to a police officer acting
31 in the exercise of the powers conferred by
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s. 6
1 section 20G(2), 20H(1) or 20I(2) or a person assisting a
2 police officer so acting.
3 Division 7 -- Prescribed procedures
4 20L. Regulations as to the exercise of powers under this
5 Part
6 (1) The regulations may prescribe procedures to be
7 followed in relation to the exercise of the powers
8 conferred by this Part.
9 (2) Without limiting the generality of subsection (1),
10 regulations may --
11 (a) provide for the manner in which vehicles may
12 be stopped in a drug detection area, including
13 the establishment of facilities, warnings and
14 other devices to enable vehicles to be stopped
15 in a safe and orderly manner; and
16 (b) provide for the procedure to be followed in
17 relation to doing a preliminary drug detection
18 test.
19
20 6. Section 21 amended
21 (1) In section 21 delete the definition of vehicle.
22 (2) In section 21 in the definition of search warrant delete
23 "section 24;" and insert:
24
25 section 24.
26
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s. 7
1 7. Section 34 amended
2 (1) In section 34(1)(d) before "25(2)" insert:
3
4 20J,
5
6 8. Section 42A and 42B inserted
7 At the end of Part VI insert:
8
9 42A. Annual report to Minister on Part 4A
10 (1) The Commissioner must give a report to the Minister
11 that provides the following information for each
12 financial year --
13 (a) the numbers of vehicle search authorisations
14 and premises search authorisations issued
15 during the financial year;
16 (b) the areas that were subject to a vehicle search
17 authorisation;
18 (c) the premises that were subject to a premises
19 search authorisation;
20 (d) the periods during which any authorisations had
21 effect;
22 (e) the number of occasions when, as a result of the
23 exercise of the powers conferred by
24 section 20G(2), a prohibited drug, prohibited
25 plant or a controlled precursor was detected by
26 a preliminary drug detection test;
27 (f) the number of occasions when, as a result of the
28 exercise of the powers conferred by
29 section 20H(1), a prohibited drug, prohibited
30 plant or a controlled precursor was detected by
31 a preliminary drug detection test;
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1 (g) the number of occasions when, as a result of the
2 exercise of the powers conferred by
3 section 20I(2)(e), a prohibited drug, prohibited
4 plant or controlled precursor was detected;
5 (h) a statement of any defect or irregularity
6 identified in relation to a vehicle search
7 authorisation or premises search authorisation.
8 (2) The Minister is to cause the report to be laid before
9 each House of Parliament no later than 12 sitting days
10 of that House after receiving the report.
11 42B. Review of Part 4A
12 (1) In this section --
13 commencement day means the day on which the
14 Misuse of Drugs Amendment (Search Powers)
15 Act 2016 section 5 comes into operation.
16 (2) The Minister must carry out a review of the operation
17 and effectiveness of Part 4A as soon as practicable
18 after the expiration of 5 years from commencement
19 day.
20 (3) The Minister must lay (or cause to be laid) a report of
21 the review under this section before both Houses of
22 Parliament --
23 (a) as soon as practicable after the review is
24 completed; but
25 (b) not later than 2 years after the end of the period
26 of 5 years.
27
28
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