VICIn ForceAct
Drugs, Poisons and Controlled Substances Act 1981
60BPolice or protective services officer to take into account the best interests of person under 18 years of age
Start here
Get a plain-English read of 60B
Turn the raw legal text into a practical explanation grounded in Drugs, Poisons and Controlled Substances Act 1981.
60B Police or protective services officer to take into account the best interests of person under 18 years of age
In the exercise of any powers under this Division in relation to a person under 18 years of age, a police officer or a protective services officer must take into account the best interests of the person.
S. 60BA inserted by No. 43/2011 s. 20.
60BA Protective services officer may exercise police powers under this Division
S. 60BA(1) amended by No. 37/2014 s. 10(Sch. item 47.4(a)).
(1) Subject to subsection (3), a protective services officer on duty at a designated place may exercise all the powers and has all the responsibilities given to or imposed on a police officer under this Division other than section 60M(4) and (5).
S. 60BA(2) amended by No. 37/2014 s. 10(Sch. item 47.4(a)).
(2) Any reference in this Division to an action taken by a police officer includes any action taken by a protective services officer exercising the powers of a police officer in reliance on subsection (1).
(3) A protective services officer may only exercise the powers under this Division in relation to a person who is at, or in the vicinity of, a designated place.
(4) Subsection (5) applies if a protective services officer—
(a) has detained a person who is under 18 years of age under section 60L; and
(b) after taking all reasonable steps, has been unable to release the person into the care of a suitable person in accordance with section 60M(3).
(5) The protective services officer—
(a) may release the detained person; or
S. 60BA(5)(b) amended by No. 37/2014 s. 10(Sch. item 47.4(a)).
(b) subject to section 60M(2), may continue to detain the person until the person can be handed into the custody of a police officer.
(6) In taking an action under subsection (5), a protective services officer must take the action which he or she reasonably believes is the most appropriate in the circumstances.
S. 60BA(7) substituted by No. 37/2014 s. 10(Sch. item 47.4(b)), repealed by No. 45/2017 s. 17.
S. 60C inserted by No. 55/2003 s. 4.