Liquor Act 2007 / Animal Act / Mental Health Act / Other Acts (NSW) Flashcards
(17 cards)
S. 4 Liquor Act 2007 – Liquor:
- A beverage which, at 20C, contains more than 1.15% ETHANOL by volume.
- For the purposes of sale, is held out to be beer or spirits.
- Any other substance prescribed by the regulations as liquor.
S. 4 LA 2007 – Licensed Premises:
• A hotel licence (most commonly encountered).
• Club licence (most commonly encountered).
• Small bar licence (wine bars).
• On-premises licence (where supplying liquor is not the main
business).
• Packaged liquor licence (Liquorland, BWS).
• Producer/wholesaler licence (vineyards, distilleries).
• Limited licence.
S. 77 LA 2007 – Non-voluntary Exclusion (SPIED):
Authorised person may refuse entry/turn out any person:
S – Smokes in a smoke free area.
P – Whose presence on the licensed premises renders the licensee liable to a Penalty.
I – Intoxicated, violent, quarrelsome or disorderly.
E – The licensee is required to refuse Entry under the legislation (no valid reason necessary!).
D – Uses or has in their possession a prohibited Drug or plant.
• Authorised person may use reasonable force to turn out a person from licensed premises.
• Person must leave vicinity of the licensed premises (50m from boundary) for 6 hours.
• Person must not re-enter or attempt to re-enter the licensed premises within 24 hours.
• Reasonable excuses for re-entering the vicinity include:
– Fears for their safety.
– In order to obtain transport.
– The person resides in the vicinity.
Animals - S. 5 PCAA – Cruelty to animals:
• The accused
• Shall not commit or authorise an act of cruelty upon an animal or,
• Fail at any time to
– exercise reasonable care, control or supervision of an animal to prevent the commission of an act of cruelty upon the animal.
– alleviate the pain of an animal where necessary.
– provide veterinary treatment where necessary.
Animals - S. 6 PCAA – Aggravated cruelty to animals:
- The accused
* Shall not commit an act of aggravated cruelty upon an animal.
Animals - S. 33 CAA – Dangerous Dog – A dog that has:
• Without provocation
– Attacked or killed a person or animal (other than vermin).
– Repeatedly threatened to attack or repeatedly chase a person or animal (other than vermin)
• Displayed unreasonable aggression towards a person or animal (other than vermin)
• Been kept for the purpose of hunting (does not include locating, flushing, pointing or retrieving birds or vermin)
Animals - S. 33A CAA – Menacing Dog – A dog that has:
- Without provocation attacked a person or animal (other than vermin) without causing serious injury or death.
- Displayed unreasonable aggression towards a person or animal (other than vermin).
Animals - S. 35A(1) CA – Causing dog to inflict GBH:
- The accused
- Has control of a dog, and
- Does any act that causes the dog to inflict grievous bodily harm on another person, and
- Is reckless as to the injury that may be caused to a person by the act.
Animals - S. 35A(2) CA – Causing dog to inflict ABH:
- The accused
- Has control of a dog, and
- Does any act that causes the dog to inflict ABH on another person, and
- Is reckless as to the injury that may be caused to a person by the act.
S. 276 PEOA – Noise Abatement Direction:
Offensive noise is being or at any time in the past 7 days been emitted from any premises:
• Direct the person whom you believe to be the occupier of the premises to cause the emission of the offensive noise to cease, and/or
• Direct any person whom you believe to be making or contributing to the making of the noise to cease making or contributing to the making of offensive noise.
– Must comply with Part 15 LEPRA (safeguards)
S. 277 PEOA – Contravening noise abatement direction:
A person must not within 28 days following the time at which the direction was given cause or permit offensive noise to be emitted from the premises
S. 280 PEOA – Application of warrant to enter premises:
In order to obtain a warrant you must put a complaint to a Magistrate stating that you have been denied entry to specified premises and you believe that:
• Offensive noise is being or at any time in the past 7 days been emitted from any premises.
• It is necessary for you to enter the premises immediately in order to give a noise abatement direction in relation to offensive noise emitted from the premises or to investigate whether a noise abatement direction has been contravened.
• The warrant is to be executed as soon as practicable after it is granted, but not later than 24 hours after it is granted, and may be executed by day or night.
– May use reasonable force (whether by breaking open doors or otherwise) for the purpose of entering the premises in executing a warrant.
S. 281 PEOA – Powers of police after entry by warrant:
PO may take only such action at the premises as is reasonably necessary to:
• Give the noise abatement direction or investigate whether there has been a contravention of a noise abatement
direction, and
• Exercise any power under s. 281(2) of the Act or any lawful power to arrest a person.
• Remain at the premises only as long as is reasonably necessary to take that action.
S. 282 PEOA – Power to seize equipment:
If a noise abatement direction is in force and the person to whom the direction is given is contravening the direction. PO may seize/secure equipment being used to contravene the noise abatement direction.
– Must be warned that its continued use may lead to its seizure.
– Issue the person with a receipt that identifies the equipment, states the time and date of seizure, identifies the
police officer seizing the equipment and notifies the procedure for the return of the equipment.
– Any equipment that is seized or secured must be returned or released within 28 days.
S. 22 MHA 2007 – Detention by Police Officer of Mentally Ill/Disordered:
PO may detain and transport a mentally ill/disordered person to a mental health facility if they believe on reasonable grounds the person:
• Is committing or has recently committed an offence.
• Has recently attempted to kill themselves or another person or it is likely they will do so.
• Has attempted to cause serious physical harm to themselves or others AND,
• It would be beneficial to the person’s welfare to be dealt with according to the MHA.
– PO may exercise powers (reasonable force, search and transport)
What To Include – S. 22 Form • Tell the story... include the history • What did they say?... use quotes • What part of s. 22 MHA did you use to detain them? • What is the risk?
S. 81 MHA 2007 – Police Roles in Transporting Mentally Ill/Disordered:
- Respect rights and dignity
- Least restrictive under the circumstances
- Not dependent upon expediency
- Appropriate for risk factors
- As promptly as practicable
S. 81(4) MHA 2007 – Search Detained Mentally Ill/Disordered Persons.
PO may search person on transport to a mental health facility if reasonable suspicion the person has anything which could:
• Be a danger
• Assist in the person escaping from lawful custody
