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


                   Western Australia

Criminal Code Amendment (Drink and Food
            Spiking) Bill 2007


 1.   Short title                              2
 2.   Commencement                             2
 3.   The Criminal Code amended                2
 4.   Section 305A inserted                    2
      305A.   Intoxication by deception   2

                        218--1B                page i
                           Western Australia

                     LEGISLATIVE ASSEMBLY

  Criminal Code Amendment (Drink and Food
              Spiking) Bill 2007

                               A Bill for

An Act to amend The Criminal Code.

The Parliament of Western Australia enacts as follows:

                                                         page 1
     Criminal Code Amendment (Drink and Food Spiking) Bill 2007

     s. 1

     1.       Short title
              This is the Criminal Code Amendment (Drink and Food
              Spiking) Act 2007.

     2.       Commencement
 5            This Act comes into operation as follows:
               (a) sections 1 and 2 -- on the day on which this Act
                     receives the Royal Assent;
               (b) the rest of the Act -- on the day after that day.

     3.       The Criminal Code amended
10            The amendments in this Act are to The Criminal Code*.
              [* Reprint 12 as at 1 June 2005 (see the Schedule to the
                 Criminal Code Act 1913 appearing as Appendix B to the
                 Criminal Code Act Compilation Act 1913).
                 For subsequent amendments see Western Australian
15               Legislation Information Tables for 2006, Table 1, and
                 Act No. 73 of 2006.]

     4.       Section 305A inserted
              After section 305 the following section is inserted --
20          305A.   Intoxication by deception
              (1)   In this section --
                    "harm" includes an impairment of the senses or
                         understanding of a person that the person might
                         reasonably be expected to object to in the
25                       circumstances;
                    "impair" includes further impair and temporarily
                    "intoxicating substance" includes any substance that
                         affects a person's senses or understanding.

     page 2
           Criminal Code Amendment (Drink and Food Spiking) Bill 2007

                                                                      s. 4

     (2)     For the purposes of this section giving a person drink
             or food includes preparing the drink or food for the
             person or making it available for consumption by the
 5   (3)     This section applies if a person (the "provider")
             causes another person to be given or to consume drink
             or food --
               (a) containing an intoxicating substance that other
                     person is not aware that it contains; or
10             (b) containing more of an intoxicating substance
                     than that other person would reasonably expect
                     it to contain.
     (4)     Where this section applies and the provider --
              (a) intends a person to be harmed by the
15                  consumption of the drink or food; or
              (b) knows or believes that consumption of the
                    drink or food is likely to harm a person,
             the provider is guilty of a crime and is liable to
             imprisonment for 3 years.
20           Summary conviction penalty: imprisonment for
                 12 months and a fine of $12 000.
     (5)     It is a defence to a charge under subsection (4) to prove
             that the accused person had reasonable cause to believe
             that each person who was likely to consume the drink
25           or food would not have objected to consuming the
             drink or food if the person had been aware of the
             presence and quantity of the intoxicating substance in
             the drink or food.



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