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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Misuse of Drugs Amendment Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. The Act amended 2
Part 2 -- Amendments relating to
approved analysts
4. Section 3 amended 3
Part 3 -- Amendments relating to
precursor chemicals and apparatus
5. Part IV inserted 4
6. Section 34 amended 11
Part 4 -- Amendments relating to
attempts to commit offences
7. Section 32A amended 12
8. Section 33 amended 12
9. Consequential amendments to other Acts 13
202--2 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Misuse of Drugs Amendment Bill 2003
A Bill for
An Act to amend the Misuse of Drugs Act 1981 and to
consequentially amend certain other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Misuse of Drugs Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Misuse of Drugs Amendment
Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
3. The Act amended
10 The amendments in this Act are to the Misuse of Drugs
Act 1981* unless otherwise indicated.
[* Reprinted as at 11 January 2002.
For subsequent amendments see Act No. 9 of 2003.]
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Misuse of Drugs Amendment Bill 2003
Amendments relating to approved analysts Part 2
s. 4
Part 2 -- Amendments relating to approved analysts
4. Section 3 amended
Section 3(1) is amended by deleting the definition of "approved
analyst" and inserting the following definition instead --
5 "
"approved analyst" means --
(a) a person declared under section 3A to be an
approved analyst; or
(b) a person belonging to a class prescribed for
10 the purposes of this definition;
".
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Misuse of Drugs Amendment Bill 2003
Part 3 Amendments relating to precursor chemicals and apparatus
s. 5
Part 3 -- Amendments relating to precursor chemicals
and apparatus
5. Part IV inserted
After Part III the following Part is inserted --
5 "
Part IV -- Controls relating to possession, sale,
supply and storage of certain substances and
things
12. Interpretation in Part IV
10 In this Part, unless the contrary intention appears --
"category 1 item" means a substance or thing
designated as a category 1 item by regulations
referred to in section 19;
"category 2 item" means a substance or thing
15 designated as a category 2 item by regulations
referred to in section 19;
"recipient" means a person to whom a category 1 item
or category 2 item, as the case requires, is sold or
supplied;
20 "substance" includes material, compound, preparation
and admixture;
"supplier" means a person who sells or supplies a
category 1 item or category 2 item, as the case
requires.
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Amendments relating to precursor chemicals and apparatus Part 3
s. 5
13. Part not applicable to possession, sale or supply of
certain substances or things
(1) This Part does not apply to or in relation to the
possession, sale or supply of a category 1 item or
5 category 2 item if --
(a) the item is, or is contained in, a substance that
is designed, packaged and labelled for human
or animal therapeutic use; and
(b) the item is in the possession of, or the sale or
10 supply is to or by, a person belonging to a class
prescribed for the purposes of this subsection
acting in the ordinary course of the person's
occupation.
(2) This Part does not apply to or in relation to the
15 possession or supply of a category 1 item or category 2
item if the item is in the possession of, or the supply is
by, a person employed or engaged by an education
institution or a research institution acting in the
ordinary course of the person's occupation and the
20 possession or supply is solely for educational or
research purposes.
14. Possession of certain substances or things
(1) A person who, without lawful excuse, has in the
person's possession a substance that contains, or
25 substances that together contain, a quantity of a
category 1 item or a category 2 item that exceeds the
quantity prescribed in relation to the item concerned
commits a crime.
Penalty: $20 000 or imprisonment for 5 years or both.
30 Summary conviction penalty: $12 000 or imprisonment
for 3 years or both.
page 5
Misuse of Drugs Amendment Bill 2003
Part 3 Amendments relating to precursor chemicals and apparatus
s. 5
(2) A person who, without lawful excuse, has in the
person's possession a category 1 item or a category 2
item commits a simple offence.
Penalty: $12 000 or imprisonment for 3 years or both.
5 (3) A person does not commit an offence under
subsection (1) or (2) if the person is authorised by or
under this Act or by or under the Poisons Act 1964 to
possess the item or substance concerned and does so in
accordance with that authority.
10 (4) A person does not commit an offence under
subsection (1) or (2) by reason only of the person
having in the person's possession a category 1 item, a
category 2 item or a particular substance if the person
proves that the person had possession of the item or
15 substance only for the purpose of --
(a) delivering it to a person authorised (the
"authorised person") --
(i) to have possession of the item or
substance by or under this Act, by or
20 under the Poisons Act 1964 or on and in
accordance with an authorised
prescription; or
(ii) by or under this Act or by or under the
Poisons Act 1964 to manufacture,
25 prepare, sell or supply the item or
substance,
and had possession of the item or substance
(except in the case of intended delivery to a
person authorised to have possession of the
30 item or substance on and in accordance with an
authorised prescription) in accordance with the
authority in writing of the authorised person,
and that, after taking possession of the item or
substance, the person took all such steps as
page 6
Misuse of Drugs Amendment Bill 2003
Amendments relating to precursor chemicals and apparatus Part 3
s. 5
were reasonably open to the person to deliver
the item or substance into the possession of the
authorised person; or
(b) analysing, examining or otherwise dealing with
5 it for the purposes of this Act in the person's
capacity as an analyst, botanist or other expert.
15. Sale or supply of category 1 items
(1) A supplier who sells or supplies a category 1 item
commits a simple offence unless --
10 (a) the recipient holds an account with the supplier;
(b) the sale or supply is a sale or supply on account
that occurs after a written order for the item is
given to the supplier by or on behalf of the
recipient;
15 (c) the order is accompanied by a declaration in the
prescribed form made by or on behalf of the
recipient; and
(d) the person who takes possession of the item
produces to the supplier such evidence of the
20 person's identity as is required by the
regulations.
(2) A supplier who sells or supplies a category 1 item
commits a simple offence if the supplier gives
possession of the item to the recipient, or to a person
25 on behalf of the recipient, within 24 hours after the
written order for the item was given to the supplier.
(3) A supplier who sells or supplies a category 1 item
commits a simple offence if the supplier fails to give a
copy of the declaration under subsection (1)(c) in
30 respect of the sale or supply to the Commissioner in the
prescribed manner within 24 hours after the written
order for the item was given to the supplier.
page 7
Misuse of Drugs Amendment Bill 2003
Part 3 Amendments relating to precursor chemicals and apparatus
s. 5
16. Storage of category 1 items
(1) A supplier who sells or supplies category 1 items
commits a simple offence if the supplier fails to store
those items in a manner that prevents access to them by
5 any person other than a person who is authorised in
writing by the supplier to have such access.
(2) A person who sells or supplies, or has sold or supplied,
category 1 items commits a simple offence if the
person fails to retain a copy of each authorisation given
10 for the purposes of subsection (1) while it has effect
and for at least 5 years after it ceases to have effect.
17. Sale or supply of category 2 items
(1) A supplier who sells or supplies a category 2 item
commits a simple offence unless --
15 (a) the recipient holds an account with the supplier
and the sale or supply is of the kind described
in section 15(1)(b); or
(b) at the time of the sale or supply --
(i) a declaration in the prescribed form
20 made by or on behalf of the recipient is
given to the supplier; and
(ii) the person who takes possession of the
item produces to the supplier such
evidence of the person's identity as is
25 required by the regulations.
(2) A supplier who --
(a) sells or supplies a category 2 item; and
(b) is given a declaration referred to in
subsection (1)(b) in respect of the sale or
30 supply,
commits a simple offence if the supplier fails to give a
copy of the declaration to the Commissioner in the
page 8
Misuse of Drugs Amendment Bill 2003
Amendments relating to precursor chemicals and apparatus Part 3
s. 5
prescribed manner as soon as practicable after the sale
or supply.
18. Offences relating to declarations under
section 15(1)(c) or 17(1)(b)
5 (1) A person who sells or supplies, or has sold or supplied,
category 1 items or category 2 items commits a simple
offence if the person fails to retain each declaration
given to the person under section 15(1)(c) or 17(1)(b)
for at least 5 years after the day on which the sale or
10 supply to which the declaration relates occurred.
(2) A person who gives false or misleading information in
a declaration under section 15(1)(c) or 17(1)(b)
commits a simple offence.
19. Powers of police officers for purposes of this Part
15 A police officer may, for the purposes of this Part, with
such assistance as the police officer considers
necessary --
(a) enter the premises of a person who sells or
supplies, or has sold or supplied,
20 category 1 items or category 2 items;
(b) demand the production of, and inspect --
(i) any books, papers or documents relating
to the sale or supply of category 1 items
or category 2 items, including any
25 declarations under section 15(1)(c) or
17(1)(b); and
(ii) any authorisations given for the
purposes of section 16(1);
and
30 (c) inspect any stocks of category 1 items or
category 2 items.
page 9
Misuse of Drugs Amendment Bill 2003
Part 3 Amendments relating to precursor chemicals and apparatus
s. 5
(2) Section 25 applies as if the reference in subsection (1)
of that section to a police officer exercising the powers
conferred by section 22 or 23 included a reference to a
police officer exercising the powers in subsection (1).
5 (3) Section 26 applies as if the reference in subsection (1)
of that section to the exercise of the powers conferred
by section 22 or 23 included a reference to the exercise
of the powers in subsection (1).
(4) Section 29 applies as if --
10 (a) references in paragraphs (a) and (b) of that
section to a police officer acting in the exercise
of the powers conferred on the police officer by
or under Part V or a person assisting a police
officer so acting included a reference to a
15 police officer acting in the exercise of the
powers in subsection (1) or a person assisting a
police officer so acting; and
(b) the reference in paragraph (b) of that section to
books, papers, documents or stocks referred to
20 in section 22 included a reference to books,
papers, documents, authorisations or stocks
referred to in subsection (1).
(5) The powers in subsection (1) are in addition to, and not
in derogation of, the powers conferred on police
25 officers by Part V.
20. Regulations as to category 1 items and
category 2 items
(1) The regulations may designate a substance or thing
specified, or belonging to a class specified, in the
30 regulations as a category 1 item or a category 2 item.
(2) The designation of a substance or thing as a category 1
item indicates that there is a significant likelihood of its
page 10
Misuse of Drugs Amendment Bill 2003
Amendments relating to precursor chemicals and apparatus Part 3
s. 6
use in, or in connection with, the manufacture of a
prohibited drug.
(3) The designation of a substance or thing as a category 2
item indicates that there is a reasonable likelihood of its
5 use in, or in connection with, the manufacture of a
prohibited drug.
".
6. Section 34 amended
Section 34(1) is amended as follows:
10 (a) in paragraph (d) by deleting "15(2), 20,";
(b) after paragraph (d) by deleting "or";
(c) after paragraph (e) by deleting the full stop and
inserting --
"
15 ; or
(f) a simple offence under section 15(1), (2) or (3),
16(1) or (2), 17(1) or (2), or 18(1) or (2) is
liable to a fine not exceeding $5 000 for a first
offence and to a fine not exceeding $15 000 for
20 any subsequent offence under the same
provision.
".
page 11
Misuse of Drugs Amendment Bill 2003
Part 4 Amendments relating to attempts to commit offences
s. 7
Part 4 -- Amendments relating to attempts to
commit offences
7. Section 32A amended
Section 32A(3) is amended as follows:
5 (a) in paragraph (a) of the definition of "external serious
drug offence" by inserting after "7(1)" --
" , 33(1)(a) ";
(b) in the definition of "serious drug offence" by inserting
after "7(1)" --
10 " , 33(1)(a) ".
8. Section 33 amended
(1) Section 33(1) is repealed and the following subsection is
inserted instead --
"
15 (1) A person who attempts to commit an offence (the
"principal offence") commits --
(a) if the principal offence is a crime, the crime; or
(b) if the principal offence is a simple offence, the
simple offence,
20 and is liable on conviction to the same penalty to which
a person who commits the principal offence is liable.
".
(2) After section 33(2) the following subsection is inserted --
"
25 (3) A person who incites another person to commit, or
becomes an accessory after the fact to, an offence (the
"principal offence") commits --
(a) if the principal offence is a crime, the crime; or
(b) if the principal offence is a simple offence, the
30 simple offence,
page 12
Misuse of Drugs Amendment Bill 2003
Amendments relating to attempts to commit offences Part 4
s. 9
but is liable on conviction --
(c) to a fine not exceeding half of the fine; and
(d) to imprisonment for a term not exceeding half
of the term,
5 to which a person who commits the principal offence is
liable.
".
9. Consequential amendments to other Acts
(1) Schedule 2 to the Bail Act 1982* is amended in item 2a by
10 inserting after the entry relating to section 7(1) --
"
s. 33(1)(a) Attempting to commit an offence
under section 6(1) or 7(1)
".
[* Reprinted as at 27 August 1999.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 27 and Acts Nos. 6 and 27
of 2002.]
(2) The Second Schedule to the Evidence Act 1906* is amended in
Part 5 as follows:
(a) in the item relating to section 33(1) by deleting ", or
20 inciting another, to commit, or becoming an accessory
after the fact to," and inserting instead --
" to commit ";
(b) by deleting the full stop at the end of the item relating to
section 33(2);
page 13
Misuse of Drugs Amendment Bill 2003
Part 4 Amendments relating to attempts to commit offences
s. 9
(c) after the item relating to section 33(2) by inserting the
following item --
"
s. 33(3) Inciting another to commit, or
becoming an accessory after the
fact to, a crime under section 6(1)
or 7(1)
".
5 [* Reprinted as at 4 January 2001.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 121 and Acts Nos. 3 and 27
of 2002 and 6 of 2003.]
(3) Section 3(1) of the Surveillance Devices Act 1998* is amended
10 in the definition of "indictable drug offence" by deleting "or
33(2)(a)" and inserting instead --
" , 33(2)(a) or 33(3)(a) ".
[* Act No. 56 of 1998.
For subsequent amendments see 2001 Index to Legislation of
15 Western Australia, Table 1, p. 371 and Act No. 10 of 2002.]
(4) Schedule 1 to the Young Offenders Act 1994* is amended under
the heading "2. Misuse of Drugs Act 1981" as follows:
(a) in the item relating to section 33(1) by deleting ", or
inciting another, to commit, or becoming an accessory
20 after the fact to," and inserting instead --
" to commit ";
(b) after the item relating to section 33(2) by inserting the
following item --
"
s. 33(3) Inciting another to commit, or
becoming an accessory after the
fact to, an offence under section 6
or 7 referred to above
25 ".
page 14
Misuse of Drugs Amendment Bill 2003
Amendments relating to attempts to commit offences Part 4
s. 9
[* Reprinted as at 8 December 2000.
For subsequent amendments see 2001 Index to Legislation of
Western Australia, Table 1, p. 423.]
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