Northern Territory Numbered Acts Northern Territory Numbered ActsAfter section 101
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(1) The object of this Part is to ensure that training in the Police Force about dangerous drugs is realistic and effective.
(2) The object is to be achieved by putting in place arrangements:
(a) to allow members of the Police Force to have access to dangerous drugs for training; and
(b) to ensure those dangerous drugs:
(i) are carefully handled to ensure their effectiveness for training is not compromised; and
(ii) are subject to strict tracking and accountability requirements.
In this Part:
"agency arrangement", see section 104.
"disposal", of a batch of a dangerous drug used for training, includes:
(a) the destruction of the batch; and
(b) the return of the batch to a relevant agency under an agency arrangement.
"drug control officer", see section 106.
"drug training direction", see section 105.
"drug vault" means a facility that is:
(a) suitable for the storage of dangerous drugs in the possession of the Police Force for training under the authority of a drug training direction; and
(b) secure against unauthorised entry.
"register" means the register of dangerous drugs used for training kept under section 109.
"relevant agency" means a department or other agency of the Commonwealth, a State or a Territory.
"senior member" means a member of or above the rank of Assistant Commissioner.
"training" means training in the Police Force about dangerous drugs.
(1) An agency arrangement is an arrangement, or a series of arrangements, between the Commissioner and the chief executive officer (by whatever name known) of a relevant agency providing for the following:
(a) the transfer of possession of a batch of a dangerous drug from the possession of the relevant agency into the possession of the Police Force;
(b) that the batch of the dangerous drug is to be used for training in the Police Force;
(c) the type and extent of the training for which the batch of the dangerous drug is to be used;
(d) what is to be done with the batch of the dangerous drug at the end of the training;
(e) anything else the parties to the arrangement consider appropriate.
Example for subsection (1)
A series of arrangements could consist of a first arrangement establishing basic principles to govern the supply by the relevant agency to the Police Force of dangerous drugs to be used for training, a second arrangement establishing particular procedures to be followed for transferring particular types of dangerous drugs between the relevant agency and the Police Force, and a third arrangement providing for special circumstances applying to a batch of one of the particular types of dangerous drugs mentioned in the second arrangement.
(2) The Commissioner may enter into an agency arrangement only if the relevant agency is authorised to possess the batch of the dangerous drug the subject of the arrangement.
(3) The Commissioner must ensure the Police Force complies with an agency arrangement.
(1) A drug training direction is a direction given by a senior member:
(a) authorising:
(i) the keeping of a batch of a dangerous drug; and
(ii) the use of the batch in training; and
(iii) the disposal of the batch at the end of the training; and
(b) stating the conditions under which the keeping, use and disposal of the batch of the dangerous drug is authorised.
(2) A senior member may give a drug training direction for a batch of a dangerous drug only if the batch:
(a) is in the possession of the Police Force:
(i) having been forfeited, or ordered to be forfeited, to the Territory under an Act; or
(ii) having been ordered under an Act to be disposed of or destroyed; or
(b) comes into the possession of the Police Force under an agency arrangement.
(3) The conditions stated in a drug training direction must include the following:
(a) the batch must be used only for the training purposes specified in the condition;
(b) the training for which the batch is used must be of the type and extent specified in the condition;
(c) if at any time the batch or part of the batch is not being stored in a drug vault, it must:
(i) be under the effective control of a drug control officer or one or more of the members specified in the condition; or
(ii) be kept securely in a way specified in the condition;
(d) as soon as practicable after the end of the training, the disposal of the batch must be as specified in the condition.
Example of training purpose for subsection (3)(a)
Training police dogs to detect the odour of dangerous drugs.
(4) Subsection (3) does not limit the conditions that may be included in a drug training direction.
(5) A senior member who gives a drug training direction must ensure that members of the Police Force comply with the conditions stated in the direction.
(1) A drug control officer is a member of the Police Force of or above the rank of Superintendent who is authorised in writing by the Commissioner to perform the functions of administering and controlling the following:
(a) the receipt into the possession of the Police Force of batches of dangerous drugs to be used for training;
(b) the storage of the batches;
(c) the movement of the batches, or parts of the batches, in and out of storage for use in training;
(d) the disposal of the batches.
(2) A drug control officer must perform the functions of the position in accordance with this Part and any conditions included in the authorisation given under subsection (1).
(3) A drug control officer has power to do all things necessary to be done for the performance of the functions of the position.
A batch of a dangerous drug may lawfully be kept in the possession of the Police Force and used for training if:
(a) the keeping of the batch and its use for training is authorised under a drug training direction; and
(b) the batch is kept and used for training in accordance with the conditions included in the drug training direction.
(1) The following requirements apply in relation to the possession by the Police Force of dangerous drugs for training:
(a) each batch of a dangerous drug must be stored in a drug vault;
(b) when a batch of a dangerous drug is received into a drug vault for storage for the first time, it must be accompanied by a document certifying, in a way approved by the Commissioner, the weight and purity of the batch;
(c) a drug vault must not be used for storing a dangerous drug that is in the possession of the Police Force other than for training;
(d) a drug vault must be designed and constructed for ensuring (to the greatest practicable extent) that each batch of a dangerous drug stored in it keeps its level of effectiveness for training;
(e) a drug vault must include enough separate storage to ensure that no batch of a dangerous drug stored in the vault can be contaminated by another batch or can otherwise be made ineffective or less effective for training;
(f) the whole of a batch of a dangerous drug must be stored in a drug vault at all times, except to the extent the batch or a part of the batch is required to be held somewhere else for training;
(g) an audit of each drug vault must be conducted at least once every 3 months by a member of the Police Force who:
(i) is of or above the rank of Commander; and
(ii) is not otherwise directly associated with the keeping or use of dangerous drugs for training;
(h) when a batch of a dangerous drug leaves a drug vault for the last time:
(i) it must be accompanied by a document certifying, in a way approved by the Commissioner, the weight and purity of the batch; and
(ii) a copy of that certifying document must be kept at the drug vault or at another place the Commissioner directs.
(2) Without limiting the scope of an audit under subsection (1)(g), the audit must include the following measures:
(a) weighing each batch of dangerous drugs in the drug vault to find out whether all quantities of dangerous drugs that should be in the drug vault at the time of the audit are in the vault;
(b) finding out whether the drug vault is storing any dangerous drugs, or anything else, that should not be stored in the vault;
(c) a review of the register.
(3) Without limiting the requirements for an audit under subsection (1)(g), requirements for the audit include the following:
(a) the performance of the audit must be supervised by a member who:
(i) is a senior member; and
(ii) is not otherwise directly associated with the keeping or use of dangerous drugs for training;
(b) all batches of dangerous drugs stored in the drug vault must be the subject of analysis by an analyst as defined in the Misuse of Drugs Act ;
(c) the accuracy of the scales used in measuring the weights of batches of dangerous drugs stored in the drug vault must be certified in a way approved by the Commissioner.
(1) The Commissioner must keep a register of dangerous drugs used for training.
(2) The register may form part of another register, whether kept under this or another Act.
(3) The Commissioner:
(a) subject to subsection (4), may keep the register in the way the Commissioner considers appropriate, including by keeping it entirely or partly in electronic form; and
(b) must ensure the register is kept in a secure place.
(4) The register must be kept in a way that (to the greatest practicable extent) enables a drug control officer, or a member performing a lawful function associated with the keeping of dangerous drugs in the possession of the Police Force under this Act (whether or not under this Part), to comply with the requirements of this Act.
(5) An entry in the register may be made only by a drug control officer or a person authorised by the Commissioner to make entries in the register.
(6) If a senior member gives a direction under section 111 restricting access to information in the register, a drug control officer or person authorised by the Commissioner under subsection (5) must ensure the information is recorded in a way that (to the greatest practicable extent) stops disclosure of the information to a person not authorised to have access to it.
(1) The following information must be recorded in the register about each batch of a dangerous drug received into the possession of the Police Force to be used for training:
(a) the name of the dangerous drug;
(b) a description of the batch;
(c) the weight, in grams, of the batch;
(d) a description of any container or packaging, and of any other item, used for conveying the batch into the possession of the Police Force;
(e) the weight, in grams, of any container or packaging, and any other item, used for conveying the batch into the possession of the Police Force;
(f) when the batch was received into the possession of the Police Force;
(g) the purity of the batch and details of the certification of the purity;
(h) a description of the circumstances in which the batch came into the possession of the Police Force.
(2) The following information must be recorded in the register if all or part of a batch of dangerous drugs ( the drugs ) is taken from a drug vault to be used for training:
(a) when the drugs leave the vault;
(b) the nature of the training for which the drugs are to be used;
(c) the condition of any container or packaging in which the drugs leave the vault;
(d) the weight, in grams, of the drugs when they leave the vault;
(e) the condition of any container or packaging in which the drugs are returned to the vault;
(f) the weight, in grams, of the drugs when they are returned to the vault.
(3) The following information must be recorded in the register when a batch of dangerous drugs leaves a drug vault for the last time for disposal in accordance with a drug training direction:
(a) the weight, in grams, of the batch when it leaves the vault;
(b) the weight, in grams, of any container or packaging in which the batch leaves the vault.
(4) Recording under subsection (1), (2) or (3) must be performed as close as reasonably practicable to the occurrence of the event to which the recording relates.
(1) A senior member may give a direction that only the following persons may have access to information recorded in the register:
(a) a drug control officer who reasonably needs the information for the performance of the officer's functions under this Part;
(b) a member who reasonably needs the information for conducting or supervising an audit of a drug vault under this Part;
(c) any other member who is performing a function associated with the keeping of dangerous drugs in the possession of the Police Force under this Act (whether or not under this Part) and reasonably needs the information for the performance of the function;
(d) any other person specified in the direction.
(2) A direction under subsection (1) must state whether it applies to all information recorded in the register or only to information of a type specified in the direction.
(3) A senior member may give a direction under subsection (1), and keep the direction in place, only if the senior member considers it is necessary to do so to ensure:
(a) the security of a drug vault; or
(b) the safety of:
(i) a drug control officer; or
(ii) another person associated with keeping dangerous drugs in the possession of the Police Force for training; or
(iii) a person associated with a person mentioned in subparagraph (i) or (ii).
(4) There must be a written record of the reasons for each direction given under subsection (1).