Australian Capital Territory
Intoxicated Persons (Care and Protection) Amendment Act 2004
A2004-54

An Act to amend the Intoxicated Persons (Care and Protection) Act 1994

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1	Name of Act
This Act is the Intoxicated Persons (Care and Protection) Amendment Act 2004.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the Intoxicated Persons (Care and Protection) Act 1994.
4	Interpretation for Act
Section 3 (1), new definition of prohibited substance
insert
prohibited substance—see the Drugs of Dependence Act 1989, section 3.
5	Sections 6A to 8
substitute
6A	Admission to licensed place
A carer must not admit an intoxicated person to a licensed place if the person—
	(a)	refuses to give the carer the person’s clothing and other possessions for safekeeping; or
	(b)	refuses to undergo a search under section 6C when required to do so; or
Note	Under s 6C, a search may be required before admission.
	(c)	is found to be in possession of a prohibited substance.
6B	Safekeeping of possessions
A carer must secure the clothing and other possessions of an intoxicated person who is admitted to a licensed place.
6C	Power of carer to search intoxicated person
	(1)	A carer may require an intoxicated person to undergo a frisk search in a licensed place before admitting the person.
	(2)	The frisk search of an intoxicated person must, if practicable, be carried out by a person of the same sex as the intoxicated person.
	(3)	If the intoxicated person is a transgender or intersex person, the person may ask that the frisk search be carried out by either a male or a female.
Note 1	For the meaning of transgender person, see Legislation Act, s 169A.
Note 2	For the meaning of intersex person, see Legislation Act, s 169B.
	(4)	If the intoxicated person asks that the frisk search be carried out by a male, the person is taken, for this section, to be male.
	(5)	If the intoxicated person asks that the frisk search be carried out by a female, the person is taken, for this section, to be female.
	(6)	In this section:
frisk search, of an intoxicated person, means a search in which light pressure is momentarily applied to the person over the person’s outer clothing without contact being made with—
	(a)	the person’s genital or anal areas; or
	(b)	for a female—the person’s breasts.
6D	Leaving licensed place
	(1)	An intoxicated person who is admitted to a licensed place may leave the licensed place at any time.
	(2)	An intoxicated person who is admitted to a licensed place is taken to have left the licensed place if the person goes outside the licensed place unsupervised by a carer.
	(3)	A carer must return an intoxicated person’s possessions to the person when the person leaves the licensed place.
7	Information to be given to intoxicated person
The carer who admits an intoxicated person to a licensed place must tell the person that—
	(a)	the person may leave the licensed place at any time; and
	(b)	if the person goes outside the licensed place unsupervised by a carer, the person will be taken to have left the licensed place; and
	(c)	the person will be given adequate opportunity to contact a responsible person or other appropriate person.
8	Contacting other people
A licensee must ensure that an intoxicated person admitted to a licensed place has adequate opportunity to contact a responsible person or other appropriate person.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 24 June 2004.
2	Notification
	Notified under the Legislation Act on 16 August 2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Intoxicated Persons (Care and Protection) Amendment Bill 2004, which was passed by the Legislative Assembly on 5 August 2004.

Clerk of the Legislative Assembly

© Australian Capital Territory 2004