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This is a Bill, not an Act. For current law, see the Acts databases.


CONTROLLED SUBSTANCES (NITROUS OXIDE) AMENDMENT BILL 2019

South Australia

Controlled Substances (Nitrous Oxide) Amendment Bill 2019

A BILL FOR

An Act to amend the Controlled Substances Act 1984


.


Contents

Part 1—Preliminary


1Short title


2Amendment provisions


Part 2—Amendment of Controlled Substances Act 1984


3Amendment of section 19—Sale or supply of volatile solvents


4Insertion of section 19A


19ASpecial provisions relating to sale or supply of nitrous oxide



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Controlled Substances (Nitrous Oxide) Amendment Act 2019.

2—Amendment provisions

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

3—Amendment of section 19—Sale or supply of volatile solvents

(1) Section 19(1), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

(a) if the offence involves the sale or supply of nitrous oxide—$20 000 or imprisonment for 2 years;

(b) in any other case—$10 000.

(2) Section 19(3), penalty provision—delete the penalty provision and substitute:

Maximum penalty:

(a) if the offence involves the sale or supply of nitrous oxide—$20 000 or imprisonment for 2 years;

(b) in any other case—$10 000.

(3) Section 19(4)—after "applies to" insert:

nitrous oxide and

(4) Section 19—after subsection (4) insert:

(4a) For the purposes of subsection (3), a person is under the age prescribed for the volatile solvent if—

(a) in the case of nitrous oxide—the person is under the age of 18 years; or

(b) in any other case—the person is under the age prescribed by the regulations.

4—Insertion of section 19A

After section 19 insert:

19A—Special provisions relating to sale or supply of nitrous oxide

(1) A person must not sell or supply nitrous oxide unless a prescribed identification document or a birth certificate is produced by the person to whom the nitrous oxide is to be sold or supplied.

Maximum penalty: $10 000.

(2) A person who sells or supplies nitrous oxide must make and keep a record of the following information:

(a) the name, address and date of birth of the person to whom the nitrous oxide is being sold or supplied;

(b) the form of prescribed identification document produced by the person to whom the nitrous oxide is being sold or supplied;

(c) the unique identification number (if any) on the prescribed identification document produced;

(d) the date of the sale or supply;

(e) the directions given for the safe and proper use of the nitrous oxide;

(f) the quantity of the nitrous oxide sold or supplied.

Maximum penalty: $10 000.

(3) Subsections (1)


and (2)


do not apply in relation to the sale or supply of nitrous oxide for use as an inhalant in medical or dental treatment.

(4) A person who is required by subsection (2)


to keep a record must—

(a) retain the record for a period of at least 2 years; and

(b) keep the record readily available for inspection by an authorised officer; and

(c) on request by an authorised officer—send a copy of the record to the authorised officer.

Maximum penalty: $10 000.

(5) A person to whom nitrous oxide is to be sold or supplied must not produce false evidence of identity.

Maximum penalty: $5 000.

(6) In this section—

Australian student identification card means a card issued by an Australian educational institution to identify a person studying at the institution;

birth certificate of a person means a certified copy of, or extract from, a register of births kept under an Australian law, or under the law of the country in which the person was born;

driver's licence means—

(a) a driver's licence issued under the Motor Vehicles Act 1959


; or

(b) an interstate licence, interstate learner's permit or foreign licence within the meaning of that Act;

prescribed identification document means a current—

(a) driver's licence; or

(b) firearms licence; or

(c) passport (other than an Australian passport); or

(d) proof of age card; or

(e) Australian student identification card,

that bears a photograph of the holder;

proof of age card means a proof of age card issued by the Registrar of Motor Vehicles or by a corresponding public authority of another State or a Territory of the Commonwealth.

 


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