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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Simple Cannabis Offences)
Amendment Bill 2010
A BILL FOR
An Act to amend the Controlled
Substances Act 1984.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Controlled
Substances Act 1984
4Amendment of section 45A—Expiation of
simple cannabis offences
5Insertion of Schedule 1
Schedule 1—Expiation fees for simple
cannabis offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Simple Cannabis
Offences) Amendment Act 2010.
This Act will come into operation 1 month after the date of
assent.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Controlled Substances
Act 1984
4—Amendment
of section 45A—Expiation of simple cannabis offences
(1) Section 45A(2)—delete "an expiation notice must be given to the
alleged offender under the Expiation
of Offences Act 1996" and substitute:
the alleged offender must be given an expiation notice under the Expiation
of Offences Act 1996 and (if it is reasonably available to the
police officer giving the expiation notice) a notice containing the prescribed
information
(2) Section 45A(3)—delete subsection (3) and
substitute:
(3) The expiation fee for a simple cannabis offence is—
(a) if no regulation of a kind referred to in
paragraph (b) is
made in relation to the offence—the expiation fee set out in
Schedule 1 in relation to the offence (the Schedule fee);
or
(b) if a regulation
is made prescribing an expiation fee in relation to the offence of an amount
greater than the Schedule fee—the expiation fee prescribed by
regulation.
(3) Section 45A(8)—before the definition of simple cannabis
offence insert:
prescribed information means information, in a form approved
by the Minister, about the health risks and criminal penalties relating to
cannabis consumption;
(4) Section 45A(8), definition of simple cannabis
offence, (a) and (b)—delete paragraphs (a) and (b)
and substitute:
(a) an offence against section 33K(2) involving the cultivation (not
being artificially enhanced cultivation) of not more than 1 cannabis plant;
or
(b) an offence against section 33L(2)(a) other than an offence
involving the possession of—
(i) 25 grams or more of cannabis; or
(ii) 5 grams or more of cannabis resin; or
(iii) any quantity of cannabis oil; or
After section 63 insert:
Schedule 1—Expiation fees for simple cannabis
offences
|
|
Description of offence |
Expiation fee |
|---|---|---|
|
1 |
Offence involving cultivation of 1 cannabis plant |
$300 |
|
2 |
Offence arising out of the possession of less than 25 grams of
cannabis |
$300 |
|
3 |
Offence arising out of the possession of less than 5 grams of cannabis
resin |
$300 |
|
4 |
Offence arising out of the smoking or consumption of cannabis or cannabis
resin (not being an offence committed in a public place or other prescribed
place) |
$150 |
|
5 |
Offence arising out of the possession of equipment (1 or more pieces) for
use in connection with the smoking or consumption of cannabis or cannabis resin
(not being an offence involving the possession of such equipment for commercial
purposes) |
$150 |
|
6 |
Offence referred to in item 4 accompanied by another simple cannabis
offence relating to the possession, smoking or consumption of cannabis or
cannabis resin |
$30 |