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


CANNABIS CONTROL BILL 2003

                      Western Australia


          Cannabis Control Bill 2003

                         CONTENTS


      Part 1 -- Preliminary
1.    Short title                                          2
2.    Commencement                                         2
3.    Act to be read with the Misuse of Drugs Act 1981     2
      Part 2 -- Cannabis infringement notices
4.    Interpretation                                       3
5.    CIN for offence under Misuse of Drugs Act 1981
      s. 5(1)(d)(i)                                        3
6.    CIN for offence under Misuse of Drugs Act 1981
      s. 6(2)                                              3
7.    CIN for offence under Misuse of Drugs Act 1981
      s. 7(2)                                              4
8.    Content of CIN                                       5
9.    Option to pay a modified penalty not available in
      certain circumstances                                6
10.   Modified penalties                                   6
11.   Extension of time                                    7
12.   Withdrawal of CIN                                    7
13.   Benefit of paying modified penalty or completing
      CES                                                  7
14.   Completing one CES for multiple CINs                 8
15.   Application of penalties collected                   8
16.   Appointment of authorised persons                    8
17.   Cannabis education sessions                          8
18.   Certificate of completion of a CES                   9
19.   Enforcement of CIN under the Fines, Penalties and
      Infringement Notices Enforcement Act 1994            9
20.   Operation of Young Offenders Act 1994 unaffected    10



                           188--2                          page i
Cannabis Control Bill 2003



Contents



           Part 3 -- Cannabis smoking
                paraphernalia
   21.     Interpretation                                     11
   22.     Warning notice                                     11
   23.     Cannabis education materials                       11
   24.     Selling cannabis smoking paraphernalia to minors   12
           Part 4 -- Miscellaneous
   25.     Regulations                                        13
   26.     Review of Act                                      13

           Part 5 -- Misuse of Drugs Act 1981
                amended
   27.     The Act amended by this Part                       14
   28.     Section 5 amended                                  14
   29.     Section 7A inserted                                14
   30.     Section 9 amended                                  15
   31.     Section 34 amended                                 15
   32.     Schedule VI amended                                16




page ii
                           Western Australia


                     LEGISLATIVE ASSEMBLY

                      (As amended in Committee)


               Cannabis Control Bill 2003


                               A Bill for


An Act --
•  to allow infringement notices to be issued for certain minor
   offences relating to cannabis;
•  to regulate the sale of cannabis smoking paraphernalia; and
•  to amend the Misuse of Drugs Act 1981,
and for related purposes.



The Parliament of Western Australia enacts as follows:




                                                             page 1
     Cannabis Control Bill 2003
     Part 1        Preliminary

     s. 1



                              Part 1 -- Preliminary
     1.         Short title
                This Act may be cited as the Cannabis Control Act 2003.

     2.         Commencement
5               This Act comes into operation on a day fixed by proclamation.

     3.         Act to be read with the Misuse of Drugs Act 1981
          (1)   This Act is to be read as one with the Misuse of Drugs Act 1981.
          (2)   Without limiting subsection (1), unless the contrary intention
                appears, a word or an expression defined in section 3(1) of the
10              Misuse of Drugs Act 1981 and used in this Act has the same
                meaning as it has in that Act.




     page 2
                                                       Cannabis Control Bill 2003
                                     Cannabis infringement notices         Part 2

                                                                                s. 4



                Part 2 -- Cannabis infringement notices
     4.         Interpretation
                In this Part --
                "authorised person" in section 8(4)(b)(i), 11(1) or 12(1) means
5                   a person appointed under section 16 by the Commissioner
                    to be an authorised person for the purposes of the section in
                    which the term is used;
                "CES" means a cannabis education session --
                    (a) with a content approved under section 17(2)(a); and
10                  (b) provided by a person approved under
                          section 17(2)(b);
                "CIN" means a cannabis infringement notice given under
                    section 5(1), 6(1) or 7(1).

     5.         CIN for offence under Misuse of Drugs Act 1981 s. 5(1)(d)(i)
15        (1)   A police officer, other than a police officer who is an authorised
                person for the purposes of section 8(4)(b)(i), 11(1) or 12(1), who
                has reason to believe that a person who has reached 18 years of age
                has committed an offence under section 5(1)(d)(i) of the Misuse of
                Drugs Act 1981 may, subject to subsection (2), within 21 days
20              after the alleged offence is believed to have been committed, give a
                cannabis infringement notice to the alleged offender.
          (2)   A CIN may be issued under subsection (1) if, and only if, the
                alleged offence involves cannabis.

     6.         CIN for offence under Misuse of Drugs Act 1981 s. 6(2)
25        (1)   A police officer, other than a police officer who is an authorised
                person for the purposes of section 8(4)(b)(i), 11(1) or 12(1), who
                has reason to believe that a person who has reached 18 years of age
                has committed an offence under section 6(2) of the Misuse of
                Drugs Act 1981 may, subject to subsection (2), within 21 days
30              after the alleged offence is believed to have been committed, give a
                cannabis infringement notice to the alleged offender.

                                                                             page 3
     Cannabis Control Bill 2003
     Part 2        Cannabis infringement notices

     s. 7



          (2)   A CIN may be issued under subsection (1) if, and only if, the
                alleged offence --
                  (a) involves an amount of cannabis that is not more than --
                          (i) 30 grams; or
5                        (ii) if an amount less than 30 grams is prescribed by
                               the regulations -- that amount;
                        and
                  (b) does not involve --
                          (i) cannabis resin or any other cannabis derivative;
10                             or
                         (ii) a cannabis plant under cultivation.

     7.         CIN for offence under Misuse of Drugs Act 1981 s. 7(2)
          (1)   A police officer, other than a police officer who is an authorised
                person for the purposes of section 8(4)(b)(i), 11(1) or 12(1),
15              who has reason to believe that a person who has reached
                18 years of age has committed an offence under section 7(2) of
                the Misuse of Drugs Act 1981 may, subject to subsection (2),
                within 21 days after the alleged offence is believed to have been
                committed, give a cannabis infringement notice to the alleged
20              offender.
          (2)   A CIN may be issued under subsection (1) if, and only if --
                 (a) the alleged offence involves cannabis plants under
                      cultivation, other than cannabis plants under hydroponic
                      cultivation;
25               (b) the cannabis plants are all located on the same premises
                      and those premises are the alleged offender's principal
                      place of residence;
                 (c) there are no other cannabis plants being cultivated on
                      the premises by any other person; and




     page 4
                                                       Cannabis Control Bill 2003
                                     Cannabis infringement notices         Part 2

                                                                              s. 8



                 (d)   the plants number no more than --
                          (i) 2; or
                         (ii) if the number one is prescribed by the
                              regulations -- one.

5    8.         Content of CIN
          (1)   A CIN is to be in a form prescribed by the regulations.
          (2)   A CIN is to contain a description of the alleged offence.
          (3)   A CIN is to advise that the alleged offender may, in writing,
                elect to have a complaint of the alleged offence heard and
10              determined by a court, and inform the alleged offender how to
                make that election.
          (4)   Unless section 9 applies, a CIN is to --
                 (a)   advise that if the alleged offender does not wish to have
                       a complaint of the alleged offence heard and determined
15                     by a court --
                          (i) the amount of money specified in the CIN as
                              being the modified penalty for the offence may
                              be paid to an authorised person within a period
                              of 28 days after the giving of the CIN; or
20                       (ii) the alleged offender may, within a period of
                              28 days after the giving of the CIN, complete a
                              CES;
                       and
                 (b)   inform the alleged offender as to --
25                        (i) who are authorised persons for the purposes of
                              receiving payment of modified penalties; and
                         (ii) how the alleged offender may arrange to
                              complete a CES.




                                                                            page 5
     Cannabis Control Bill 2003
     Part 2        Cannabis infringement notices

     s. 9



     9.          Option to pay a modified penalty not available in certain
                 circumstances
           (1)   This section applies to a CIN issued for an alleged offence (the
                 "new offence") if, within 3 years before the new offence was
5                allegedly committed, the alleged offender has been given a CIN
                 for each of 2 or more offences, at least 2 of which are alleged to
                 have been committed on separate days previous to the day on
                 which the new offence is alleged to have been committed.
           (2)   For the purposes of subsection (1), a CIN is taken to have not
10               been given in relation to an alleged offence if the CIN has been
                 withdrawn.
           (3)   A CIN to which this section applies is to --
                  (a) advise that if the alleged offender does not wish to have
                        a complaint of the alleged offence heard and determined
15                      by a court, the alleged offender may, within a period of
                        28 days after the giving of the CIN, complete a CES;
                        and
                  (b) inform the alleged offender as to how the alleged
                        offender may arrange to complete a CES.
20         (4)   Despite section 19, Part 3 of the Fines, Penalties and
                 Infringement Notices Enforcement Act 1994 does not apply to a
                 CIN to which this section applies.

     10.         Modified penalties
           (1)   In a CIN the amount specified as being the modified penalty for
25               the offence referred to in the CIN is to be the amount that was
                 prescribed by the regulations to be the modified penalty at the
                 time the alleged offence is believed to have been committed.
           (2)   The modified penalty that may be prescribed by the regulations
                 for an offence under section 5(1)(d)(i), 6(2) or 7(2) of the
30               Misuse of Drugs Act 1981 is not to exceed $400.




     page 6
                                                        Cannabis Control Bill 2003
                                      Cannabis infringement notices         Part 2

                                                                                 s. 11



           (3)   In relation to an offence under section 6(2) of the Misuse of
                 Drugs Act 1981, the regulations may prescribe different
                 modified penalties for different amounts of cannabis.

     11.         Extension of time
5          (1)   An authorised person may, in a particular case, extend the
                 period of 28 days within which --
                   (a) the modified penalty may be paid; or
                   (b) the alleged offender may complete a CES.
           (2)   The extension may be allowed whether or not the period of
10               28 days has elapsed.

     12.         Withdrawal of CIN
           (1)   An authorised person may withdraw a CIN by sending to the
                 alleged offender a notice in a form prescribed by the regulations
                 stating that the CIN has been withdrawn.
15         (2)   A CIN may be withdrawn whether or not the modified penalty
                 has been paid.
           (3)   If a CIN is withdrawn after the modified penalty has been paid,
                 the amount paid is to be refunded.
           (4)   A CIN cannot be withdrawn if the alleged offender has
20               completed a CES in relation to the CIN.

     13.         Benefit of paying modified penalty or completing CES
           (1)   Subsection (2) applies if --
                  (a) the modified penalty specified in a CIN has been paid
                        within 28 days or such further time as is allowed and the
25                      CIN has not been withdrawn; or
                  (b) the alleged offender has completed a CES in respect of the
                        CIN within 28 days or such further time as is allowed.
           (2)   If this subsection applies, the bringing of proceedings and the
                 imposition of penalties are prevented to the same extent that

                                                                              page 7
     Cannabis Control Bill 2003
     Part 2        Cannabis infringement notices

     s. 14



                 they would be prevented if the alleged offender had been
                 convicted by a court of, and punished for, the alleged offence.
           (3)   Payment of a modified penalty or completion of a CES is not to
                 be regarded as an admission for the purposes of any
5                proceedings, whether civil or criminal.

     14.         Completing one CES for multiple CINs
                 For the purposes of section 13(1)(b), if an alleged offender is
                 believed to have committed more than one offence referred to in
                 section 5, 6 or 7 on one day and is given a CIN in respect of
10               each of those offences, the alleged offender is to be taken to
                 have completed a CES in respect of each of those CINs if he or
                 she completes one CES in respect of all of them.

     15.         Application of penalties collected
                 An amount paid as a modified penalty is, subject to
15               section 12(3), to be dealt with as if it were a penalty imposed by
                 a court as a penalty for an offence under section 5(1)(d)(i), 6(2)
                 or 7(2) of the Misuse of Drugs Act 1981, as the case may be.

     16.         Appointment of authorised persons
                 The Commissioner may, in writing, appoint persons or classes
20               of persons to be authorised persons for the purposes of
                 section 8(4)(b)(i), 11(1) or 12(1) or for the purposes of 2 or
                 more of those sections.

     17.         Cannabis education sessions
           (1)   The purpose of a cannabis education session is to educate those
25               who complete it about --
                  (a) the adverse health and social consequences of cannabis
                        use;
                  (b) the treatment of cannabis related harm; and
                  (c) the laws relating to the use, possession and cultivation of
30                      cannabis.


     page 8
                                                        Cannabis Control Bill 2003
                                      Cannabis infringement notices         Part 2

                                                                              s. 18



           (2)   The chief executive officer of the department principally
                 assisting the Minister administering the Health Legislation
                 Administration Act 1984 in the administration of that Act --
                   (a) having regard to subsection (1), may approve the
5                        content of a cannabis education session;
                   (b) may approve persons to provide those cannabis
                         education sessions;
                   (c) may give an approval under paragraph (b) subject to
                         conditions to be obeyed by the person approved; and
10                 (d) may cancel or amend an approval given under
                         paragraph (a) or (b).
           (3)   An act done under subsection (2) must be in writing.

     18.         Certificate of completion of a CES
           (1)   An approved provider of a CES is to --
15                (a) give to a person who has completed a CES a certificate
                        of completion; and
                  (b) send a copy of the certificate to the Commissioner.
           (2)   A certificate of completion is to be in a prescribed form and is
                 to set out --
20                 (a) the name and address of the person who has completed
                         the CES;
                   (b) the date of completion; and
                   (c) the details of the CIN in respect of which the CES was
                         completed.

25   19.         Enforcement of CIN under the Fines, Penalties and
                 Infringement Notices Enforcement Act 1994
           (1)   This section applies subject to section 9.
           (2)   For the purposes of Part 3 of the Fines, Penalties and
                 Infringement Notices Enforcement Act 1994 this Act is a
30               prescribed enactment.

                                                                            page 9
     Cannabis Control Bill 2003
     Part 2        Cannabis infringement notices

     s. 20



           (3)   A police officer may issue a final demand under section 14 of
                 the Fines, Penalties and Infringement Notices Enforcement
                 Act 1994 if --
                   (a) a CIN has been issued;
5                  (b) the CIN has not been withdrawn under section 12;
                   (c) the modified penalty has not been paid as required by
                        the CIN;
                   (d) the alleged offender has not completed a CES as
                        required by the CIN;
10                 (e) the alleged offender has not elected to have a complaint
                        of the alleged offence heard and determined by a court;
                        and
                    (f) the time for paying the modified penalty or attending a
                        CES has elapsed.
15         (4)   Subsection (3) applies instead of section 14(1) of the Fines,
                 Penalties and Infringement Notices Enforcement Act 1994.

     20.         Operation of Young Offenders Act 1994 unaffected
                 Nothing in this Part prevents a young person within the meaning
                 of the Young Offenders Act 1994 from being dealt with under
20               Part 5 of that Act in respect of an offence under
                 section 5(1)(d)(i), 6(2) or 7(2) of the Misuse of Drugs Act 1981.




     page 10
                                                Cannabis Control Bill 2003
                             Cannabis smoking paraphernalia         Part 3

                                                                        s. 21



           Part 3 -- Cannabis smoking paraphernalia
     21.   Interpretation
           In this Part --
           "cannabis smoking paraphernalia" means --
5              (a) anything made or modified to be used in smoking
                    cannabis;
               (b) any other thing that is prescribed by regulations to be
                    cannabis smoking paraphernalia.

     22.   Warning notice
10         A person who operates a shop or other retail outlet where
           cannabis smoking paraphernalia is sold must ensure that a
           warning notice prescribed by the regulations relating to the
           adverse consequences of cannabis use is clearly visible to any
           person entering or exiting the shop or retail outlet.
15         Penalty:
                (a) in the case of a natural person -- $1 000;
               (b) in the case of a body corporate -- $5 000.

     23.   Cannabis education materials
           A person who operates a shop or other retail outlet where
20         cannabis smoking paraphernalia is sold must make available to
           any purchaser of cannabis smoking paraphernalia cannabis
           education materials prescribed by the regulations relating to the
           adverse consequences of cannabis use.
           Penalty:
25              (a) in the case of a natural person -- $1 000;
               (b) in the case of a body corporate -- $5 000.




                                                                     page 11
     Cannabis Control Bill 2003
     Part 3        Cannabis smoking paraphernalia

     s. 24



     24.         Selling cannabis smoking paraphernalia to minors
           (1)   A person who operates a shop or other retail outlet where
                 cannabis smoking paraphernalia is sold must not sell cannabis
                 smoking paraphernalia to a person who is under 18 years of age.
5                Penalty:
                     (a) in the case of a natural person -- $5 000;
                     (b) in the case of a body corporate -- $25 000.
           (2)   It is a defence to a charge of an offence under subsection (1) for
                 a person charged to prove that the person --
10                  (a) honestly and reasonably believed that the person to
                          whom the cannabis smoking paraphernalia concerned
                          was sold had reached 18 years of age; or
                   (b) had taken all precautions that were reasonably required
                          to ensure that the cannabis smoking paraphernalia
15                        concerned was not sold to a person who was under
                          18 years of age.




     page 12
                                                       Cannabis Control Bill 2003
                                                     Miscellaneous         Part 4

                                                                              s. 25



                             Part 4 -- Miscellaneous
     25.         Regulations
                 The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are
5                necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.

     26.         Review of Act
           (1)   The Minister is to carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after the
10               expiration of 3 years from its commencement, and in the course
                 of that review the Minister is to consider and have regard to --
                   (a) whether there is a need for the Act to continue; and
                   (b) any other matters that appear to the Minister to be
                          relevant to the operation and effectiveness of this Act.
15         (2)   The Minister is to prepare a report based on the review carried
                 out under subsection (1) and as soon as is practicable after the
                 preparation of the report (and in any event not more than
                 12 months after the relevant anniversary), cause it to be laid
                 before each House of Parliament.
20




                                                                           page 13
     Cannabis Control Bill 2003
     Part 5        Misuse of Drugs Act 1981 amended

     s. 27



              Part 5 -- Misuse of Drugs Act 1981 amended
     27.       The Act amended by this Part
               The amendments in this Part are to the Misuse of Drugs Act 1981*.
               [* Reprinted as at 11 January 2002.]

5    28.       Section 5 amended
               Section 5(1)(e) is amended by inserting after "prohibited drug or
               prohibited plant" --
               " other than cannabis     ".

     29.       Section 7A inserted
10             After section 7 the following section is inserted --
     "
             7A.     Selling or supplying a thing knowing it will be used
                     in the hydroponic cultivation of a prohibited plant
               (1)   A person who sells or supplies, or offers to sell or
15                   supply, to another, any thing that the person knows will
                     be used to cultivate a prohibited plant contrary to
                     section 7(1)(a) or (2) by hydroponic means commits an
                     indictable offence.
               (2)   A court convicting a person of the offence under
20                   subsection (1) may, on the application of the Director
                     of Public Prosecutions or a police prosecutor, in
                     addition order that the person be prohibited for a period
                     set by the court (but not exceeding 2 years) from
                     selling or supplying, or offering for sale or supply, to
25                   another, any thing that may be used to cultivate plants
                     by hydroponic means.
               (3)   A person who contravenes an order under
                     subsection (2) is guilty of a simple offence.
                                                                                 ".



     page 14
                                                         Cannabis Control Bill 2003
                                  Misuse of Drugs Act 1981 amended           Part 5

                                                                              s. 30



     30.         Section 9 amended
           (1)   If this Act comes into operation before the Criminal Code
                 Amendment Act 2003 comes into operation, section 9(2) is
                 amended as follows:
5                  (a) by deleting "or" after paragraph (a);
                   (b) by deleting the comma after paragraph (b) and inserting
                          instead --
                          " ; or ";
                    (c) by inserting after paragraph (b) the following paragraph --
10                   "
                         (ba)   section 7A(1),
                                                                                   ".
           (2)   If this Act comes into operation after the Criminal Code
                 Amendment Act 2003 comes into operation, section 9(1) is
15               amended as follows:
                   (a) by deleting "or" after paragraph (a);
                   (b) by deleting the comma after paragraph (b) and inserting
                          instead --
                          " ; or ";
20                  (c) by inserting after paragraph (b) the following paragraph --
                     "
                          (c)   an offence under section 7A(1),
                                                                                   ".
     31.         Section 34 amended
25               Section 34(1) is amended as follows:
                   (a) by deleting paragraph (c) and inserting instead --
                     "
                          (c)   an offence under section 7A(1) is liable --
                                  (i) if convicted on indictment, to a fine not
30                                     exceeding $20 000 or to imprisonment
                                       for a term not exceeding 5 years or both;

                                                                           page 15
     Cannabis Control Bill 2003
     Part 5        Misuse of Drugs Act 1981 amended

     s. 32



                                (ii)   if convicted by a summary court, to a
                                       fine not exceeding $2 000 or to
                                       imprisonment for a term not exceeding
                                       2 years or both;
5                                                                              ";
                   (b)   in paragraph (e) by inserting after "7(2)" --
                         " , 7A(3) ".

     32.       Schedule VI amended
               Schedule VI item 3 is amended in the column headed "Number"
10             by deleting "25" and inserting instead --
               "    10   ".




 


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