Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 S.R. No. 59/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provisions 2 3 Commencement 2 4 Revocation 2 5 Definition 2 6 Manner of conducting searches 3 7 Searching on private premises 4 8 Search records 4 9 Records of receipt or seizure 5 10 Record of apprehension and detention 7 11 Record of disposal or making safe 8 12 Amendment of references to member of the police force 9 ═══════════════ ENDNOTES 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 59/2014 Drugs, Poisons and Controlled Substances Act 1981 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 The Governor in Council makes the following Regulations: Dated: 17 June 2014 Responsible Minister: MARY WOOLDRIDGE Minister for Mental Health YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe for the purposes of Part IV of the Drugs, Poisons and Controlled Substances Act 1981— (a) the manner in which searches without warrant are to be conducted; and (b) the particulars to be included in records of those searches; and (c) the particulars to be included in records of receipt of any volatile substance or item used to inhale a volatile substance seized as a result of those searches; and (d) the particulars to be included in records of apprehension and detention; and -- 2 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 2 Authorised by the Chief Parliamentary Counsel (e) the particulars to be included in records of the disposal or making safe of any volatile substance or item used to inhale a volatile substance received or seized. 2 Authorising provisions These Regulations are made under sections 60T and 132 of the Drugs, Poisons and Controlled Substances Act 1981. 3 Commencement (1) These Regulations, except regulation 12, come into operation on 21 June 2014. (2) Regulation 12 comes into operation on the day that section 278 of the Victoria Police Act 2013 comes into operation. 4 Revocation The following Regulations are revoked— (a) the Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2004 1 ; (b) the Drugs, Poisons and Controlled Substances (Volatile Substances) (Extension of Provisions) Regulations 20062 ; (c) the Drugs, Poisons and Controlled Substances (Volatile Substances) (Amendment) Regulations 20083 . 5 Definition In these Regulations— the Act means the Drugs, Poisons and Controlled Substances Act 1981. r. 2 -- 3 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 3 Authorised by the Chief Parliamentary Counsel 6 Manner of conducting searches (1) A member of the police force who conducts a search of a person under section 60E or 60F of the Act must do so in one or more of the following ways— (a) the member may pass an electronic metal detection device over or in close proximity to the person's outer clothing; (b) the member may run his or her hands over the person's outer clothing; (c) the member may request the person to remove his or her outer clothing and gloves, shoes and headgear so that the member may— (i) pass an electronic metal detection device over or in close proximity to the person's clothing that was immediately under his or her outer clothing; or (ii) run the member's hands over the person's clothing that was immediately under his or her outer clothing; or (iii) search the person's outer clothing and gloves, shoes and headgear in accordance with subregulation (3). (2) A member of the police force who conducts a search of a vehicle, package or thing under section 60E or 60F of the Act must do so in one or more of the following ways— (a) the member may examine the exterior and interior of the vehicle, package or thing; (b) the member may pass an electronic metal detection device over or in close proximity to the vehicle, package or thing. r. 6 -- 4 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 4 Authorised by the Chief Parliamentary Counsel (3) A member of the police force must conduct a search of a person— (a) in a manner that affords reasonable privacy to the person being searched; and (b) as quickly as is reasonably practicable. (4) A search under subregulation (1)(b) or (1)(c)(ii) must, if reasonably practicable, be conducted by a member of the police force who is of the same sex as the person being searched. 7 Searching on private premises A member of the police force who conducts a search of a person who is under 18 years of age on private premises must— (a) if reasonably practicable, advise the person that the person may nominate an adult who is on the private premises to be present during the conduct of the search; and (b) if the person so nominates an adult, take reasonable steps to ensure the adult is present during the conduct of the search. 8 Search records (1) For the purposes of section 60Q(1) and (2) of the Act, the prescribed particulars are— (a) the date of the search; and (b) the time of the search; and (c) the place where the search took place; and (d) the name, rank and registered number of the member of the police force who conducted the search; and (e) the name of the person searched and, if applicable, a description of any vehicle, package or thing searched; and r. 7 -- 5 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 5 Authorised by the Chief Parliamentary Counsel (f) if applicable, the name of the nominated adult present during the search of the person on private premises; and (g) the grounds relied on for conducting the search; and (h) a description of any volatile substance or item used to inhale a volatile substance that is found during the search. (2) If the member of the police force who conducts a search is unable to obtain the name of the person searched, the member must include in the particulars a description of that person. Note A person searched under section 60E or 60F of the Act is under no obligation to provide the person's name. 9 Records of receipt or seizure (1) For the purposes of section 60Q(3) and (4) of the Act, the prescribed particulars are— (a) the date of the receipt or seizure; and (b) the time of the receipt or seizure; and (c) the place where the receipt or seizure took place; and (d) the name, rank and registered number of the member of the police force who received or seized the volatile substance or item used to inhale a volatile substance; and (e) the name of the person from whom the volatile substance or item used to inhale a volatile substance was received or seized; and (f) the explanation, if any, that the person gave for carrying or possessing the volatile substance or item used to inhale a volatile substance; and r. 9 -- 6 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 6 Authorised by the Chief Parliamentary Counsel (g) if applicable, the name of the nominated adult present on private premises when the volatile substance or item used to inhale a volatile substance was received or seized; and (h) the grounds relied on for receiving or seizing the volatile substance or item used to inhale a volatile substance; and (i) a description of the volatile substance or item used to inhale a volatile substance received or seized. (2) If the member of the police force who receives or seizes a volatile substance or an item used to inhale a volatile substance is unable to obtain the name of the person from whom the substance or item is received or seized, the member must include in the particulars a description of that person. Note A person from whom a volatile substance or an item used to inhale a volatile substance is received under section 60H of the Act or seized under section 60J or 60K of the Act is under no obligation to provide the person's name. (3) Any prescribed particular in relation to any volatile substance or an item used to inhale a volatile substance is not required to be included in the record under this regulation if— (a) the volatile substance or the item used to inhale a volatile substance that was received or seized as a result of a search has been recorded in a record under regulation 8; and (b) the prescribed particulars under regulation 8 and this regulation are recorded in the same record. r. 9 -- 7 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 7 Authorised by the Chief Parliamentary Counsel 10 Record of apprehension and detention (1) For the purposes of section 60Q(5) of the Act, the prescribed particulars are— (a) the date of the apprehension and detention; and (b) the time of the apprehension and detention; and (c) the place or places where the person was apprehended and detained; and (d) the name, rank and registered number of the member of the police force who apprehended and detained the person; and (e) the name of the person apprehended and detained; and (f) the grounds relied on for the person's apprehension and detention; and (g) the time of the release of the person; and (h) if applicable, the name of the suitable person into whose care the detained person was released. (2) If the member of the police force who apprehends and detains a person is unable to obtain the name of the person apprehended and detained, the member must include in the particulars a description of that person. Note A person apprehended and detained under section 60L of the Act is under no obligation to provide the person's name. (3) Any prescribed particular in relation to any apprehension and detention of a person is not required to be included in the record under this regulation if— r. 10 -- 8 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 8 Authorised by the Chief Parliamentary Counsel (a) the prescribed particulars in respect of the apprehension and detention of the person have been recorded in a record under regulation 8 or 9; and (b) the prescribed particulars under regulation 8 or 9 and this regulation are recorded in the same record. 11 Record of disposal or making safe (1) For the purposes of section 60Q(6) of the Act, the prescribed particulars are— (a) the name of the person, if known, from whom the volatile substance or item used to inhale a volatile substance was received or seized; and (b) a description of the volatile substance or item used to inhale a volatile substance to be disposed of or made safe; and (c) the date on which the volatile substance or item used to inhale a volatile substance was disposed of or made safe; and (d) the time at which the volatile substance or item used to inhale a volatile substance was disposed of or made safe; and (e) the place at which the volatile substance or item used to inhale a volatile substance was disposed of or made safe; and (f) the reason for the belief that the disposal or making safe of the volatile substance or item used to inhale a volatile substance was necessary; and (g) the name, rank and registered number of the member of the police force who believed that the disposal or making safe of the volatile substance or item used to inhale a volatile substance was necessary. r. 11 -- 9 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 9 Authorised by the Chief Parliamentary Counsel (2) Any prescribed particular in relation to the disposal or making safe of a volatile substance or an item used to inhale a volatile substance is not required to be included in the record under this regulation if— (a) the prescribed particulars in respect of the disposal or making safe of the volatile substance or the item used to inhale a volatile substance have been recorded in a record under regulation 9; and (b) the prescribed particulars under regulation 9 and this regulation are recorded in the same record. 12 Amendment of references to member of the police force (1) In regulation 6— (a) in subregulation (1), for "member of the police force" substitute "police officer"; (b) in subregulation (1)(a), (b) and (c), for "member" (wherever occurring) substitute "officer"; (c) in subregulation (1)(c)(ii), for "member's" substitute "officer's"; (d) in subregulation (2), for "member of the police force" substitute "police officer"; (e) in subregulation (2)(a) and (b), for "member" substitute "police officer"; (f) in subregulations (3) and (4), for "member of the police force" substitute "police officer"; (2) In regulation 7, for "member of the police force" substitute "police officer". r. 12 -- 10 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 10 Authorised by the Chief Parliamentary Counsel (3) In regulation 8— (a) in subregulations (1)(d) and (2), for "member of the police force" substitute "police officer"; (b) in subregulation (2), for "member" substitute "officer". (4) In regulation 9— (a) in subregulations (1)(d) and (2), for "member of the police force" substitute "police officer"; (b) in subregulation (2), for "member" substitute "officer". (5) In regulation 10— (a) in subregulations (1)(d) and (2), for "member of the police force" substitute "police officer"; (b) in subregulation (2), for "member" substitute "officer". (6) In regulation 11(1)(g), for "member of the police force" substitute "police officer". (7) This regulation is revoked on the day after the day section 278 of the Victoria Police Act 2013 comes into operation. ═══════════════ r. 12 -- 11 of 12 -- S.R. No. 59/2014 Drugs, Poisons and Controlled Substances (Volatile Substances) Regulations 2014 11 Authorised by the Chief Parliamentary Counsel ENDNOTES 1 Reg. 4(a): S.R. No. 68/2004. Reprint No. 1 as at 23 October 2008. Reprinted to S.R. No. 71/2008. 2 Reg. 4(b): S.R. No. 70/2006. 3 Reg. 4(c): S.R. No. 71/2008. Endnotes -- 12 of 12 --