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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 2011
CONTENTS
Part 1 -- Preliminary matters
1. Short title 2
2. Commencement 2
Part 2 -- Misuse of Drugs Act 1981
amended
3. Act amended 3
4. Section 3 amended 3
5. Section 5 amended 3
6. Section 7B inserted 3
7B. Drug paraphernalia, offences as to 3
7. Section 8B amended 6
8. Sections 19A and 19B deleted 6
9. Section 34 amended 6
Part 3 -- Bail Act 1982 amended
10. Act amended 9
11. Schedule 2 amended 9
Part 4 -- Spent Convictions Act 1988
amended
12. Act amended 10
13. Section 11 amended 10
Part 5 -- Working with Children
(Criminal Record Checking)
Act 2004 amended
14. Act amended 11
15. Schedule 2 amended 11
222--3 page i
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in Committee)
Misuse of Drugs Amendment Bill 2011
A Bill for
An Act to amend the Misuse of Drugs Act 1981 and to make
consequential amendments to some other Acts.
The Parliament of Western Australia enacts as follows:
page 1
Misuse of Drugs Amendment Bill 2011
Part 1 Preliminary matters
s. 1
1 Part 1 -- Preliminary matters
2 1. Short title
3 This is the Misuse of Drugs Amendment Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
page 2
Misuse of Drugs Amendment Bill 2011
Misuse of Drugs Act 1981 amended Part 2
s. 3
1 Part 2 -- Misuse of Drugs Act 1981 amended
2 3. Act amended
3 This Part amends the Misuse of Drugs Act 1981.
4 4. Section 3 amended
5 In section 3(1) insert in alphabetical order:
6
7 adult means a person who has reached 18 years of age;
8
9 5. Section 5 amended
10 (1) Delete section 5(1)(d).
11 (2) Delete section 5(3).
12 6. Section 7B inserted
13 After section 7A insert:
14
15 7B. Drug paraphernalia, offences as to
16 (1) In this section --
17 display, in relation to drug paraphernalia, includes to
18 authorise or allow drug paraphernalia to be displayed;
19 drug paraphernalia means --
20 (a) any thing made or modified to be used in
21 connection with manufacturing or preparing a
22 prohibited drug or a prohibited plant --
23 (i) for administration to a person; or
24 (ii) for smoking, inhaling or ingesting by a
25 person; or
page 3
Misuse of Drugs Amendment Bill 2011
Part 2 Misuse of Drugs Act 1981 amended
s. 6
1 (iii) to be burned or heated so its smoke or
2 fumes can be smoked or inhaled by a
3 person;
4 or
5 (b) any thing made or modified to be used by a
6 person --
7 (i) to administer a prohibited drug or a
8 prohibited plant to a person; or
9 (ii) to smoke, inhale or ingest a prohibited
10 drug or a prohibited plant; or
11 (iii) to smoke or inhale the smoke or fumes
12 resulting from burning or heating a
13 prohibited drug or a prohibited plant.
14 (2) A person who displays any drug paraphernalia for sale
15 in a retail outlet commits a simple offence.
16 Penalty: a fine of $10 000.
17 (3) A person who sells any drug paraphernalia to an adult
18 commits a simple offence.
19 Penalty: a fine of $10 000.
20 (4) A person who sells any drug paraphernalia to a child
21 commits a simple offence.
22 Penalty: a fine of $24 000 or imprisonment for 2 years
23 or both.
24 (5) It is a defence to a charge of an offence under
25 subsection (2), (3) or (4) to prove --
26 (a) the accused was a person prescribed; or
27 (b) the drug paraphernalia displayed or sold was a
28 thing prescribed or of a class prescribed; or
29 (c) the display or sale occurred in circumstances
30 prescribed,
31 for the purposes of that subsection.
page 4
Misuse of Drugs Amendment Bill 2011
Misuse of Drugs Act 1981 amended Part 2
s. 6
1 (6) A person who is in possession of any drug
2 paraphernalia in or on which there is a prohibited drug
3 or a prohibited plant commits a simple offence.
4 Penalty: a fine of $36 000 or imprisonment for 3 years
5 or both.
6 (7) It is a defence to a charge of an offence under
7 subsection (6) to prove --
8 (a) the accused was authorised by or under this Act
9 or the Poisons Act 1964 to possess the
10 prohibited drug or prohibited plant; or
11 (b) the accused had possession of the drug
12 paraphernalia --
13 (i) only for the purpose of delivering it to a
14 person authorised under this Act or the
15 Poisons Act 1964 to have possession of
16 any prohibited drug or prohibited plant
17 in or on it; and
18 (ii) in accordance with the authority in
19 writing of the person so authorised,
20 and that, after taking possession of the drug
21 paraphernalia, the accused took all such steps
22 as were reasonably open to the accused to
23 deliver it into the possession of that person; or
24 (c) the accused had possession of the drug
25 paraphernalia only for the purpose of analysing
26 material in or on it, examining it or otherwise
27 dealing with it for the purposes of this Act in
28 his or her capacity as an analyst, botanist or
29 other expert.
30
page 5
Misuse of Drugs Amendment Bill 2011
Part 2 Misuse of Drugs Act 1981 amended
s. 7
1 7. Section 8B amended
2 In section 8B(1) in the definition of minor cannabis related
3 offence paragraph (a) after "section 5(1)(d)(i)" insert:
4
5 or 7B(6)
6
7 8. Sections 19A and 19B deleted
8 Delete sections 19A and 19B.
9 9. Section 34 amended
10 (1) In section 34(1) delete "subsection (2)," and insert:
11
12 subsections (2) and (3),
13
14 (2) After section 34(2) insert:
15
16 (3) If a court is sentencing a person for an offence referred
17 to in subsection (1)(a) that involved selling or
18 supplying, or offering to sell or supply, a prohibited
19 drug or a prohibited plant to a child, and the person
20 was an adult when the offence was committed, then,
21 despite the Sentencing Act 1995 Part 5 --
22 (a) for a first offence the court must use one of
23 only these sentencing options --
24 (i) suspended imprisonment imposed under
25 the Sentencing Act 1995 section 39 and
26 Part 11;
27 (ii) conditional suspended imprisonment
28 imposed under section 39 and Part 12 of
29 that Act;
page 6
Misuse of Drugs Amendment Bill 2011
Misuse of Drugs Act 1981 amended Part 2
s. 9
1 (iii) a term of imprisonment imposed under
2 section 39 and Part 13 of that Act;
3 and
4 (b) for any subsequent offence (whether or not
5 under the same provision) the court --
6 (i) must impose a term of imprisonment of
7 at least 6 months; and
8 (ii) must not suspend the term of
9 imprisonment.
10 (4) If a court is sentencing a person for --
11 (a) an offence under section 6(1)(b); or
12 (b) an offence under section 7(1)(a) that involved
13 cultivating a prohibited plant; or
14 (c) an offence under section 14(1),
15 committed in circumstances where the acts constituting
16 the offence endangered the life, health or safety of a
17 child under 16 years of age, and the person was an
18 adult when the offence was committed, then, despite
19 the Sentencing Act 1995 Part 5 --
20 (d) for a first offence the court must use one of
21 only these sentencing options --
22 (i) suspended imprisonment imposed under
23 the Sentencing Act 1995 section 39 and
24 Part 11;
25 (ii) conditional suspended imprisonment
26 imposed under section 39 and Part 12 of
27 that Act;
28 (iii) a term of imprisonment imposed under
29 section 39 and Part 13 of that Act;
30 and
page 7
Misuse of Drugs Amendment Bill 2011
Part 2 Misuse of Drugs Act 1981 amended
s. 9
1 (e) for any subsequent offence (whether or not
2 under the same provision) the court --
3 (i) must impose a term of imprisonment of
4 at least 6 months; and
5 (ii) must not suspend the term of
6 imprisonment.
7 (5) If a court is sentencing a person for --
8 (a) an offence under section 6(1)(b); or
9 (b) an offence under section 7(1)(a) that involved
10 cultivating a prohibited plant; or
11 (c) an offence under section 14(1),
12 committed in circumstances where the acts constituting
13 the offence caused bodily harm (as defined in The
14 Criminal Code section 1(1) and (4)) to a child under
15 16 years of age, and the person was an adult when the
16 offence was committed, then, despite the Sentencing
17 Act 1995 Part 5, the court --
18 (d) must impose a term of imprisonment of at least
19 12 months; and
20 (e) must not suspend the term of imprisonment.
21 (6) The Minister must carry out a review of the operation
22 and effectiveness of the amendments made to this
23 section by the Misuse of Drugs Amendment Act 2011
24 section 9 as soon as practicable after the expiry of
25 3 years from the commencement of that section.
26 (7) The Minister is to lay (or cause to be laid) a report of
27 the review under this section before both Houses of
28 Parliament as soon as practicable after the review is
29 completed.
30
page 8
Misuse of Drugs Amendment Bill 2011
Bail Act 1982 amended Part 3
s. 10
1 Part 3 -- Bail Act 1982 amended
2 10. Act amended
3 This Part amends the Bail Act 1982.
4 11. Schedule 2 amended
5 In Schedule 2 item 2a after the row relating to s. 7(1) insert:
6
s. 14(1) Possessing a quantity of a category 1 item or a
category 2 item in circumstances where the life, health
or safety of a child under 16 years of age was
endangered, or bodily harm (as defined in The Criminal
Code section 1(1) and (4)) was caused to such a child,
by the acts constituting the offence
7
page 9
Misuse of Drugs Amendment Bill 2011
Part 4 Spent Convictions Act 1988 amended
s. 12
1 Part 4 -- Spent Convictions Act 1988 amended
2 12. Act amended
3 This Part amends the Spent Convictions Act 1988.
4 13. Section 11 amended
5 Delete section 11(6)(a)(i) and insert:
6
7 (i) section 5(1)(d)(i) or 7B(6); or
8
page 10
Misuse of Drugs Amendment Bill 2011
Working with Children (Criminal Record Checking) Act 2004 Part 5
amended
s. 14
1 Part 5 -- Working with Children (Criminal Record
2 Checking) Act 2004 amended
3 14. Act amended
4 This Part amends the Working with Children (Criminal Record
5 Checking) Act 2004.
6 15. Schedule 2 amended
7 In Schedule 2 in the item relating to the Misuse of Drugs
8 Act 1981 insert in numerical order:
9
s. 7B(4) Selling drug paraphernalia to a child
10
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