(1) Subject to subsection (2), if, during the course of S. 60I(1) conducting a search of a person under section 60E amended by No. 37/2014 or 60F, a police officer detects a volatile substance s. 10(Sch. or item used to inhale a volatile substance, the item 47.11(a)). police officer must ask the person why he or she is carrying or possessing that volatile substance or item. (2) A police officer is not required to comply with S. 60I(2) amended by subsection (1) if the police officer believes on No. 37/2014 reasonable grounds that— s. 10(Sch. item 47.11(b)). (a) the person is unable to understand the request for the explanation referred to in that subsection because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so. 60J Seizure of volatile substances and items used to S. 60J inserted by inhale when explanation given No. 55/2003 s. 4, A police officer may seize a volatile substance or amended by No. 37/2014 an item used to inhale a volatile substance that is s. 10(Sch. detected during the course of conducting a search item 47.12). under section 60E or 60F if, on hearing the explanation requested under section 60I, the police officer has reasonable grounds for suspecting that the person— (a) is under 18 years of age and is inhaling or will inhale a volatile substance; or (b) intends to provide the volatile substance detected to a person under 18 years of age to inhale; or (c) intends to provide the item detected to a person under 18 years of age to use to inhale a volatile substance.
S. 60I(1) amended by No. 37/2014 s. 10(Sch. item 47.11(a)). (1) Subject to subsection (2), if, during the course of conducting a search of a person under section 60E or 60F, a police officer detects a volatile substance or item used to inhale a volatile substance, the police officer must ask the person why he or she is carrying or possessing that volatile substance or item. S. 60I(2) amended by No. 37/2014 s. 10(Sch. item 47.11(b)). (2) A police officer is not required to comply with subsection (1) if the police officer believes on reasonable grounds that— (a) the person is unable to understand the request for the explanation referred to in that subsection because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so. S. 60J inserted by No. 55/2003 s. 4, amended by No. 37/2014 s. 10(Sch. item 47.12). 60J Seizure of volatile substances and items used to inhale when explanation given A police officer may seize a volatile substance or an item used to inhale a volatile substance that is detected during the course of conducting a search under section 60E or 60F if, on hearing the explanation requested under section 60I, the police officer has reasonable grounds for suspecting that the person— (a) is under 18 years of age and is inhaling or will inhale a volatile substance; or (b) intends to provide the volatile substance detected to a person under 18 years of age to inhale; or (c) intends to provide the item detected to a person under 18 years of age to use to inhale a volatile substance.
81-9719a117.docx