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


MISUSE OF DRUGS AMENDMENT BILL (NO. 2) 2010

                     Western Australia


Misuse of Drugs Amendment Bill (No. 2) 2010

                        CONTENTS


       Part 1 -- Preliminary
  1.   Short title                              2
  2.   Commencement                             2
       Part 2 -- Misuse of Drugs Act 1981
            amended
  3.   Act amended                              3
  4.   Section 19B inserted                     3
       19B.     Selling ice pipes          3

       Part 3 -- Working with Children
            (Criminal Record Checking)
            Act 2004 amended
  5.   Act amended                              5
  6.   Schedule 2 amended                       5




                           156--1               page i
                           Western Australia


                     LEGISLATIVE ASSEMBLY



  Misuse of Drugs Amendment Bill (No. 2) 2010


                               A Bill for


An Act to amend the Misuse of Drugs Act 1981 and to make a
consequential amendment to the Working with Children (Criminal
Record Checking) Act 2004.



The Parliament of Western Australia enacts as follows:




                                                           page 1
    Misuse of Drugs Amendment Bill (No. 2) 2010
    Part 1         Preliminary

    s. 1



1                          Part 1 -- Preliminary
2   1.       Short title
3            This is the Misuse of Drugs Amendment Act (No. 2) 2010.

4   2.       Commencement
5            This Act comes into operation as follows --
6             (a) Part 1 -- on the day on which this Act receives the
7                   Royal Assent;
8             (b) the rest of the Act -- on the day after that day.




    page 2
                                Misuse of Drugs Amendment Bill (No. 2) 2010
                            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 19B inserted
 5          Before section 19 insert:
 6


 7        19B.    Selling ice pipes
 8          (1)   In this section --
 9                child means a person who is under 18 years of age;
10                ice pipe means --
11                  (a) a device capable of being used for the
12                         administration of a prohibited drug by means of
13                         the inhaling of the smoke or fumes resulting
14                         from the heating or burning of the drug in a
15                         crystal, powder, oil or base form; or
16                  (b) a device that is apparently intended to be such a
17                         device but is not capable of being so used
18                         because it needs an adjustment, modification or
19                         addition,
20                but does not include a device prescribed, or belonging
21                to a class prescribed, for the purposes of this definition.
22          (2)   A person who sells, or offers to sell, an ice pipe to a
23                child commits a simple offence.
24                Penalty: a fine of $24 000 or imprisonment for 2 years
25                    or both.
26          (3)   A person --
27                 (a) who sells, or offers to sell, an ice pipe to a
28                       person other than a child; or



                                                                         page 3
    Misuse of Drugs Amendment Bill (No. 2) 2010
    Part 2         Misuse of Drugs Act 1981 amended

    s. 4



1                   (b)   who displays an ice pipe, or authorises or
2                         allows an ice pipe to be displayed, for sale in a
3                         shop or other retail outlet,
4                 commits a simple offence.
5                 Penalty: a fine of $10 000.
6




    page 4
                                      Misuse of Drugs Amendment Bill (No. 2) 2010
          Working with Children (Criminal Record Checking) Act 2004        Part 3
                                                          amended

                                                                                     s. 5


 1         Part 3 -- Working with Children (Criminal Record
 2                  Checking) Act 2004 amended
 3   5.         Act amended
 4              This Part amends the Working with Children (Criminal Record
 5              Checking) Act 2004.

 6   6.         Schedule 2 amended
 7              In Schedule 2 before the heading "Prostitution Act 2000" insert:
 8

            Misuse of Drugs Act 1981
            s. 19B(2)                  Selling, or offering to sell, ice pipe to
                                       child
 9


10




 


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