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


MISUSE OF DRUGS AMENDMENT BILL 2010

                       Western Australia


     Misuse of Drugs Amendment Bill 2010

                          CONTENTS


1.       Short title                                              2
2.       Commencement                                             2
3.       Act amended                                              2
4.       Section 5 amended                                        2
5.       Section 21 amended                                       3
6.       Section 26 amended                                       3
7.       Section 27 amended                                       4
8.       Section 28 replaced                                      5
         28.      Compensation for destroyed seized
                  property                                   5
9.       Section 43 inserted                                      6
         43.      Transitional provisions (Sch. IX)          6
10.      Schedule IX inserted                                     6
         Schedule IX -- Transitional provisions
         1.       Property subject to holding orders under
                  repealed s. 28                             7




                               114--1                             page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



       Misuse of Drugs Amendment Bill 2010


                               A Bill for


An Act to amend the Misuse of Drugs Act 1981.



The Parliament of Western Australia enacts as follows:




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     Misuse of Drugs Amendment Bill 2010



     s. 1




1    1.       Short title
2             This is the Misuse of Drugs Amendment Act 2010.

3    2.       Commencement
4             This Act comes into operation as follows:
5              (a) sections 1 and 2 -- on the day on which this Act
6                    receives the Royal Assent;
7              (b) the rest of the Act -- on a day fixed by proclamation,
8                    and different days may be fixed for different provisions.

9    3.       Act amended
10            This Act amends the Misuse of Drugs Act 1981.

11   4.       Section 5 amended
12            After section 5(2) insert:
13
14            (3)   A person does not commit a simple offence under
15                  subsection (1)(d) by reason only of his having in his
16                  possession a pipe or utensil if he proves --
17                    (a) that he had possession of the pipe or utensil --
18                            (i) only for the purpose of delivering it to a
19                                 person authorised under this Act or the
20                                 Poisons Act 1964 to have possession of
21                                 any prohibited drug or prohibited plant
22                                 in or on it; and
23                           (ii) in accordance with the authority in
24                                 writing of the person so authorised,
25                         and that, after taking possession of the pipe or
26                         utensil, he took all such steps as were
27                         reasonably open to him to deliver it into the
28                         possession of that person; or




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                                               Misuse of Drugs Amendment Bill 2010



                                                                                   s. 5



1                         (b)   that he had possession of the pipe or utensil
2                               only for the purpose of analysing material in or
3                               on it, examining it or otherwise dealing with it
4                               for the purposes of this Act in his capacity as an
5                               analyst, botanist or other expert.
6


7    5.          Section 21 amended
8                In section 21 delete the definition of holding order.

9    6.          Section 26 amended
10        (1)    In section 26(1):
11                 (a) delete "requires, may seize that thing and --" and insert:
12

13                        requires --
14

15                 (b)    delete paragraphs (a) and (b) and insert:
16
17                        (a)   in the case of --
18                                 (i) a thing that is a prohibited drug,
19                                      prohibited plant or dangerous substance;
20                                      or
21                                (ii) a thing that is contaminated by a
22                                      dangerous substance,
23                              may seize and detain the thing until it is dealt
24                              with under section 27; or
25                        (b)   in the case of any other thing, may seize it.
26

27        (2)    After section 26(1) insert:
28
29              (2A)     If under subsection (1)(b) a thing may be seized, the
30                       Criminal Investigation Act 2006 Part 13, with any
31                       necessary changes, applies to and in relation to the
32                       exercise of the power to seize the thing.

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     Misuse of Drugs Amendment Bill 2010



     s. 7



1               (2B)     If under subsection (1)(b) a thing is seized, the
2                        Criminal Investigation Act 2006 Part 13 and the
3                        Criminal and Found Property Disposal Act 2006, with
4                        any necessary changes, apply to and in relation to it.
5


6    7.          Section 27 amended
7         (1)    In section 27(1) delete "prohibited drug, prohibited plant or
8                dangerous substance" (each occurrence) and insert:
9

10               relevant thing
11

12        (2)    In section 27(2):
13                 (a) delete "prohibited drug, prohibited plant or dangerous
14                       substance" and insert:
15

16                        relevant thing
17

18                 (b)    delete paragraph (b) and insert:
19

20                        (b)    sufficient samples have been taken of or from
21                               the thing,
22

23        (3)    After section 27(5) insert:
24
25              (6A)     If --
26                         (a)   a court convicts a person of an offence under
27                               this Act that involved the possession or use of a
28                               relevant thing; and
29                        (b)    the relevant thing was destroyed under this
30                               section,
31                       the court may order the person to pay the costs
32                       reasonably incurred by the State in destroying the

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                                                                                 s. 8



1                        thing, other than costs relating to the employment of
2                        police officers or the use of equipment or facilities
3                        under the control or management of the Commissioner.
4

5         (4)     In section 27(6):
6                   (a) delete "subsection (2)(b) --" and insert:
7

8                         this section --
9

10                 (b)    insert in alphabetical order:
11
12                       relevant thing means a prohibited drug, prohibited
13                       plant or dangerous substance or a thing contaminated
14                       with a dangerous substance;
15


16   8.           Section 28 replaced
17                Delete section 28 and insert:
18
19          28.          Compensation for destroyed seized property
20                (1)    In this section --
21                       seized property means a dangerous substance, or a
22                       thing contaminated with a dangerous substance, seized
23                       under section 26.
24                (2)    This section does not apply to or in respect of any
25                       seized property that has been forfeited to the Crown.
26                (3)    If any seized property is destroyed --
27                         (a) under section 27(1)(a)(i); or
28                         (b) under an order made under section 27(1)(b),
29                       a person who was entitled to possession of it when it
30                       was seized is entitled to recover from the State (if
31                       necessary, by action in a court of competent

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     Misuse of Drugs Amendment Bill 2010



     s. 9



1                       jurisdiction) compensation equal to its market value at
2                       the time it was seized.
3                 (4)   If under section 27(4) any seized property is destroyed
4                       and --
5                         (a) in the 12 months after the date on which the
6                               property was seized no person is charged with
7                               an offence that involved the possession, use,
8                               sale or supply of it; or
9                         (b) a person is charged with such an offence but is
10                              acquitted, whether at trial or on appeal, and any
11                              appeal against the acquittal is concluded,
12                      any person who was entitled to possession of the
13                      property when it was seized is entitled to recover from
14                      the State (if necessary, by action in a court of
15                      competent jurisdiction) compensation equal to its
16                      market value at the time it was seized.
17


18   9.           Section 43 inserted
19                After section 42 insert:
20
21          43.         Transitional provisions (Sch. IX)
22                      Schedule IX sets out transitional provisions.
23


24   10.          Schedule IX inserted
25                After Schedule VIII insert:




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                                                                             s. 10



1
2               Schedule IX -- Transitional provisions
3                                                                          [s. 43]

4    1.         Property subject to holding orders under repealed s. 28
5         (1)   In this clause --
6               repeal day means the day on which section 28 is repealed by
7               the Misuse of Drugs Amendment Act 2010 section 8.
8         (2)   If immediately before repeal day any property is subject to a
9               holding order granted under section 28, then on repeal
10              day --
11                (a)   the repealed section 28 ceases to apply to and in
12                      respect of the property and the holding order; and
13                (b)   the property is to be taken to be seized property for
14                      the purposes of the Criminal and Found Property
15                      Disposal Act 2006 and that Act applies to and in
16                      respect of it accordingly.
17


18




 


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