s. 60L (2) A police officer may apprehend and detain a S. 60L(2) person under subsection (1) irrespective of amended by No. 37/2014 whether— s. 10(Sch. item 47.14(b)). (a) the person was searched under section 60E or 60F; or (b) any volatile substance or item used to inhale a volatile substance— (i) was seized as a result of such a search; or (ii) was produced in accordance with a S. 60L(2)(b)(ii) amended by request under section 60H(1)(b) and No. 37/2014 received by a police officer. s. 10(Sch. item 47.14(b)). (3) Subject to subsection (4), on apprehending and S. 60L(3) amended by detaining a person under subsection (1) or as soon No. 37/2014 as practicable thereafter, a police officer must s. 10(Sch. item 47.14(b)). inform the person that— (a) the person is not under arrest in relation to any alleged offence; and (b) the person is apprehended and detained with the intention of preventing the person causing immediate serious bodily harm to himself or herself or to some other person. (4) A police officer is not required to comply with S. 60L(4) amended by subsection (3) if the police officer believes on No. 37/2014 reasonable grounds that— s. 10(Sch. item 47.14(c)). (a) the person is unable to understand the information referred to in that subsection because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so.
S. 60L(2) amended by No. 37/2014 s. 10(Sch. item 47.14(b)). (2) A police officer may apprehend and detain a person under subsection (1) irrespective of whether— (a) the person was searched under section 60E or 60F; or (b) any volatile substance or item used to inhale a volatile substance— (i) was seized as a result of such a search; or S. 60L(2)(b)(ii) amended by No. 37/2014 s. 10(Sch. item 47.14(b)). (ii) was produced in accordance with a request under section 60H(1)(b) and received by a police officer. s. 60L S. 60L(3) amended by No. 37/2014 s. 10(Sch. item 47.14(b)). (3) Subject to subsection (4), on apprehending and detaining a person under subsection (1) or as soon as practicable thereafter, a police officer must inform the person that— (a) the person is not under arrest in relation to any alleged offence; and (b) the person is apprehended and detained with the intention of preventing the person causing immediate serious bodily harm to himself or herself or to some other person. S. 60L(4) amended by No. 37/2014 s. 10(Sch. item 47.14(c)). (4) A police officer is not required to comply with subsection (3) if the police officer believes on reasonable grounds that— (a) the person is unable to understand the information referred to in that subsection because of the effects of inhaling a volatile substance; or (b) it is otherwise impracticable to do so.
81-9719a109A.docx