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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Nitrous Oxide) Amendment
Bill 2019
A BILL FOR
An Act to amend the
Controlled
Substances Act 1984
.
Contents
Part 2—Amendment of Controlled
Substances Act 1984
3Amendment of section 19—Sale or supply of
volatile solvents
19ASpecial
provisions relating to sale or supply of nitrous oxide
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Nitrous Oxide)
Amendment Act 2019.
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.
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.