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Legislation > Final Study Cards. > Flashcards

Final Study Cards. Flashcards

1
Q

Police Officer may give direction to a person in a public place if the police officer believes on reasonable grounds the relevant conduct is;

C?
H?
O?
P?
S?
A

Section 197, LEPRA.

Causing fear
Harassing or intimidating
Obstructing traffic, or persons/s
Procuring drugs
supplying drugs.
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2
Q

Move on directions for intoxicated persons in public places? (What section).

2 criteria.

A

Section 198, LEPRA.

  • Is likely to cause injury to any other person/s, damage to property or give rise to a risk to public safety.
  • Is disorderly.
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3
Q

Failure to Comply with direction. (What section)

A

Section 199 Lepra.

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4
Q

Continuation of intoxication and disorderly behaviour following move on direction. (Section, and Legisaltion)

A

Section 9, Summary offence act 1988.

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5
Q

Must report any crash where;

  • Anyone is killed or injured.
  • A vehicle involved is towed or carried away by another car.

Legislation, and act number?
whats missing in criteria?

A

Road Rules: Rule 287.

  • A driver does not give their required particulars to anyone included in the crash, including owners of property.
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6
Q

Concentrations by alcohol in a persons system via blood or breath (Ranges).

What section and Act?

A

Section 108, Road transport act 2013.

  • Novice range
  • special/prescribed range
  • low range
  • mid range
  • high range.
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7
Q

Presence of prescribed concentration of alcohol in persons breath or blood.
- PCA is dealt with under this Section.

A

Section 110, Road Transport Act.

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8
Q

Use or attempted use of a vehicle under the influence of alcohol or any other drug.
- DUI is dealt with under this section?

A

Section 112, Road Transport Act.

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9
Q

Negligent driving (Road Transport Act) what section?

A

Section 117.

Negligence: doing something that a prudent and reasonable person wouldn’t do

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10
Q

Driving in a speed/manner dangerous to the public?

Section and act?

A

RTA 2013, 117(A).

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11
Q

Menacing driving? Section and Act?

A

Section 118, RTA 2013.

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12
Q

Crimes Act Dangerous driving offences:

Predatory Driving - Section?
Dangerous driving occasioning death or GBH - Section?
Aggravated dangerous driving occasioning death or GBH - Section?

A
  • 51(A)
  • 52(A)
  • 52A(2).
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13
Q

Aggravated driving circumstances? and where can they be found?

A
  • The prescribed concentration of alcohol ( > 0.150) was present in the accused’s blood, OR
  • The accused was driving on a road at more than 45kph over the applicable speed limit, OR
  • The accused was driving the vehicle to escape pursuit by a police officer, OR
  • The accused’s ability to drive was very substantially impaired by being under the influence of a drug (other than intoxicating liquor) or a combination of drugs.

(Crimes Act).

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14
Q

Section 4 of the Mental Health Act holds what/

A

Symptoms of mental illness:

  • Hallucinations
  • Delusions
  • Disturbance of mood
  • Serious disorder of thought.
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15
Q

Section 22 of MHA 2007 -

and its criteria (3)

A

Detention after apprehension.

  • Person has committed or committing an offence
  • Attempted to kill himself or herself
  • harm any person or attempt to cause serious physical harm to himself, or herself, or any others.
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16
Q

Section 81 MHA -

A

Transport of person’s to and from mental health facilities and other health facilities.

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17
Q

Section 81 (4) Mental Health Act 2007 -

A

Searching detained person/s.

  • Frisk search (4), quick running of hands over body or metal detector.
  • Ordinary Search (6), requires a person to remove over coat, gloves, and socks etc etc.
18
Q

Major and Minor crash criteria?

A
  • was anyone killed or injured
  • did any drivers from the scene leave without providing their details.
  • Was any driver under the influence of alcohol or a prohibited drug?
19
Q

Elements of 52A(2): Road Transport Act 2013.

A
  1. Driver
  2. Vehicle.
  3. Involved in an impact
  4. Occasioning in death or GBH.

And at the time of impact…

  1. under influence of intoxicating liquor or drug
  2. at a speed dangerous to others.
  3. In a manner dangerous to others.
20
Q

What Act and Legislation?
Marking premises or property;

  • a person must not without reasonable excuse intentionally mark any premises or other property, unless the person first obtained consent.
A

Graffiti Control Act 2008, Section 4.

21
Q

Definitions of circumstances of aggravation for Graffiti?

A

Section 3;

  • by means of any graffiti implement
  • in such a manner that the mark is not readily removable by wiping or by the use of water or detergent.
22
Q

Deemed Possession of prohibited drug.

3 of them?
What Act and Section?

A
  • exclusive possession
  • joint possession
  • de facto possession

Section 7 Drug Misuse and Trafficking Act 1985.

23
Q

Section 10 of the DMTA 1985?

and the elements?

A

Possession of prohibited drug.

  • the accused
  • had a prohibited drug
  • in his/her possession
24
Q

Possession of Equipment for administration of prohibited drugs.

A

Section 11, DMTA 1985

25
Q

Self Administration of a prohibited drug.

A

Section 12, DMTA 1985.

26
Q

Section 3 - Prohibited plant means?

A
  • Cannabis plant cultivated by enhanced indoor means, or.

- cannabis plant cultivated by other means.

27
Q
  1. Takes or participates in any part of the offence
  2. Provides or arranges finances
  3. provides the premises.

What Section or Act?

A

Section 6 - ‘Takes part in’

Drug Misuse and Trafficking Act 1985.

28
Q

Offences with respect to a prohibited plant?

What section?
and 3 criteria?

A

Section 23.

A.) Cultivates
B.) Supplies
C.) Possess’

29
Q

Manufacture and production.

what section?

A

Section 24, DMTA 1985.

30
Q

Effect of certain representations?

Section?
brief description?

A

Section 40 of the DMTA.

if accused says whats in their possession is one of the following;

  • prohibited drug
  • schedule 9 substance
  • psychoactive substance
  • prohibited plant.
31
Q

Section 4, Liquor Act Defines Liquor as…

A

A beverage which at 20 degrees celsius, 1.15% ethanol by volume.

32
Q

Section 11, Possession of Liquor by Minors.

Elements of the offence? (5 of them)

A
  • Under 18
  • Possess or consume liquor
  • Under supervision of responsible adult.
  • In public.
  • Without reasonable excuse.
33
Q

Prevention of excessive consumption of alcohol on licensed premises.

What Section and Act?
What must a licensee not permit? (2 of them)

Elaborate on subsections 4 and 5?

A

Section 73, Liquor Act 2007.

  • Licensee must not permit;
    1. ) Intoxicated persons
    2. ) any indecent, violent, or quarrelsome conduct on a licensed premises.

Subsection 4 - if intoxicated person is on the premises, its assumed the licensee has allowed intoxication on the premises, unless the licensee can prove…

Subsection 5 - they asked the intoxicated person to leave.

  • contacted police to assist with the removal of the person from the premises.
  • refused service to the person.
34
Q

Non-Voluntary exclusion of persons from licensed premises’.

What Section and Act?
List 4 reasons for exclusion?

A

Section 77, Liquor Act 2007.

Subsection 2A - Intoxicated person

  • minors
  • smokers smoking in non smoking areas.
  • persons who have prohibited plant or drugs on their person.
35
Q

Table 1: Elaborate.

A
  • Greater than $5000 worth of property damage.
  • Serious injury (GBH) or more.
  • Offence listed in criminal Procedure Act Schedule 1, as table 1 offences.

Prosecutor or defence may elect to be heard in a higher court.

36
Q

Table 2 Elaborate.

A
  • Property value not exceeding $5000
  • A less serious injury (Less than GBH)
  • offence listed in Criminal procedure act schedule 1, as table 2 offences.

Only Prosecutor may elect for a higher court.

37
Q

Role of Police in keeping the peace?

5 of them

A
  • Maintain order
  • upholding and enforcing the law.
  • protecting life and property.
  • Preventing and detecting crime.
  • Providing police services.
38
Q

3 types of evidence?

A
  • Original (Eye-witness)
  • Real (DNA)
  • Documentary (CCTV).
39
Q

Section 169A, Road Transport Act?

A

Pull over a light vehicle or light combinations in order to exercise your other traffic powers.

40
Q

What section to Juvenile Graffiti offenders get dealt under/

A

Graffiti control Act, section 20.
20 Proceedings for offences
Proceedings for an offence under this Act—
(a) may be dealt with summarily before the Local Court, and
(b) must be commenced not later than 2 years from when the offence is alleged to have been committed.

41
Q

5 Parts of a vehicle defect their colour and where they go?

A
  1. BLUE - to the driver to give to RMS on clearance
  2. YELLOW - To the driver
  3. PINK - To RMS from Police
    4 GREEN - stays with police.
  4. WHITE - stays in the book.
42
Q

Options for a driver ti dispose of a ticket?

A
  1. Pay
  2. Nominate another driver
  3. Request a review.
  4. Take to court.

Legislation (5 decks)

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