Making first police BDO
10 Making first police BDO
A police officer must make a BDO for an adult if:
the adult is, in relation to an alcohol-related offence:
arrested and charged; or
summoned as a defendant; or
(iii) served with a notice to appear before a court as a defendant; or
(b) the adult is named as the defendant in a police DVO, if the police officer who makes the DVO believes on reasonable grounds that the defendant was affected by alcohol at the time of engaging in the conduct to which the DVO relates; or
(c) any of the following events, in any combination, occur in relation to the adult 3 times:
the adult is taken into alcohol-related protective custody;
the adult is given an alcohol-related infringement notice;
(iii) the adult is found to be in contravention of section 171(1) of the Liquor Act 2019;
(iv) the adult is issued with a banning notice under section 212 of the Liquor Act 2019.
Examples for subsection (1)(c)
1 An adult is taken into alcohol-related protective custody for a third time.
2 An adult who has previously been issued with 2 alcohol-related infringement notices is taken into alcohol-related protective custody.
3 An adult who has previously been issued with a banning notice under section 212 of the Liquor Act 2019 and has previously been taken into alcohol-related protective custody is found to be in contravention of section 171(1) of the Liquor Act 2019.
(2) Subsection (1) does not apply in relation to an adult who is already subject to a first, second or subsequent police BDO or a BDO made under Division 4.
This Act’s bill:Explanatory statementSecond reading speech
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