Western Australian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

MISUSE OF DRUGS ACT 1981 - SECT 20H

20H .         Powers of police officers in relation to searching persons in a drug detection area

        (1)         Under a vehicle search authorisation, a police officer may do a preliminary drug detection test on the following persons —

            (a)         the driver of a vehicle in the drug detection area; or

            (b)         a passenger of a vehicle in the drug detection area; or

            (c)         a person who a police officer has reasonable grounds to suspect has recently left a vehicle that is, or was, in the drug detection area.

        (2)         A police officer who wishes to do a preliminary drug detection test on a person under subsection (1) may detain the person for a reasonable period in order to do the test.

        (3)         A police officer has reasonable grounds to suspect that any thing referred to in section 23(1)(a), (b) or (c) is in the possession of a person, if a preliminary drug detection test indicates the detection of any of the following on the person —

            (a)         a prohibited drug;

            (b)         a prohibited plant;

            (c)         a controlled precursor.

        (4)         Section 25 applies as if the reference in subsection (1) of that section to a police officer exercising the powers conferred by section 22 or 23 included a reference to a police officer exercising the powers conferred by subsection (1) of this section.

        (5)         Section 26 applies as if —

            (a)         the reference in subsection (1)(a)(i) and (ii) of that section to a dangerous substance included a reference to a controlled precursor; and

            (b)         the reference in subsection (1) of that section to the exercise of the powers conferred by section 22 or 23 included a reference to the exercise of the powers conferred by subsection (1) of this section.

        [Section 20H inserted: No. 47 of 2016 s. 5.]

        [Heading inserted: No. 47 of 2016 s. 5.]



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback