Application of the Public Intoxication Act 1984 to certain Trust Land
50 Application of the Public Intoxication Act 1984 to certain Trust Land
Subject to this section, the Public Intoxication
Act 1984 applies to prescribed Trust Land.
For the purposes of this section, the Public
Intoxication Act 1984 is modified as follows:
a reference to a public place will be taken to be a reference to prescribed Trust Land;
a reference to an authorised officer will be taken to be a reference to an authorised officer appointed by the Minister to whom the administration of the Public Intoxication
Act 1984 is committed on the recommendation of the
Trust;
subject to this section, but without limiting any other powers he or she may have under the Public
Intoxication Act 1984, a member of the police force or an authorised officer may exercise any of the following powers on prescribed
Trust Land:
the power, on reasonable suspicion that a drug or alcohol is in any premises or vehicle, to enter and search those premises or that vehicle, using such force as is necessary for the purpose;
the power to stop any vehicle for the purpose of carrying out a search under subparagraph (i);
the power to confiscate and dispose of a drug or alcohol.
The appointment of an authorised officer may be conditional or unconditional (including a condition that limits the prescribed Trust Land in relation to which the authorised officer can exercise his or her powers).
The Governor may, by proclamation made on the recommendation of the
Trust—
declare specified Trust Land to be prescribed Trust Land;
or
impose limitations on the exercise of the power referred to in subsection (2)(c); or
vary or revoke a proclamation made under this subsection.
The Trust must not recommend the making of a proclamation under subsection (4) unless—
a proposal for making the proclamation has been initiated from within the Aboriginal communities that would be affected by the proclamation;
and
the Trust is satisfied that those communities are in general agreement that the proclamation should be made.
In this section—
prescribed Trust Land means Trust Land declared to be prescribed Trust Land under subsection (4)(a).
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.