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


CRIMINAL CODE (DRUG EQUIPMENT) AMENDMENT BILL 2008

2008

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY



(As presented)

(Mr Richard Mulcahy)

Criminal Code (Drug Equipment) Amendment Bill 2008





A Bill for

An Act to amend the Criminal Code 2002













The Legislative Assembly for the Australian Capital Territory enacts as follows:



1 Name of Act

This Act is the Criminal Code (Drug Equipment) Amendment Act 2008.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3 Legislation amended

This Act amends the Criminal Code 2002.

4 New part 6.4A

insert

Part 6.4A Sale of drug equipment

621A Definitions—pt 6.4A

In this part:

cocaine kit means 2 or more cocaine kit items packaged together for the purpose, or for the apparent purpose, of using the items to prepare cocaine or introduce cocaine into a persons body.

cocaine kit item means any of the following:

(a) a glass bottle;

(b) a mirror;

(c) a razor blade;

(d) a scoop;

(e) a tube;

(f) any other item that can be used with an item mentioned in paragraphs (a) to (e) to prepare cocaine or introduce cocaine into a persons body.

drug equipment means—

(a) a cocaine kit; or

(b) a drug pipe; or

(c) a water pipe.

drug pipe

(a) means a device, or components that together make a device, or with an adjustment or modification make a device, for the purpose or apparent purpose of smoking cannabis, cannabis resin or methamphetamine crystals; and

(b) includes a device commonly known as—

(i) a hash pipe; or

(ii) an ice pipe.

water pipe

(a) means a device, or components that together make a device, or with an adjustment or modification make a device, for the purpose or apparent purpose of drawing smoke fumes through water or another liquid; and

(b) includes a device commonly known as—

(i) a bong; or

(ii) a ghalyan; or

(iii) a hookah; or

(iv) a narghile; or

(v) a shisha.

621B Selling drug equipment

A person commits an offence if the person sells or supplies drug equipment.

Maximum penalty: 100 penalty units, imprisonment for 2 years or both.

5 New section 625A

insert

625A Selling drug equipment to a child

(1) A person commits an offence if the person sells or supplies drug equipment to a child.

Maximum penalty: 200 penalty units, imprisonment for 2 years or both.

(2) It is a defence to a prosecution for an offence against this section if the defendant proves that the defendant—

(a) considered whether the person to whom the drug equipment was sold or supplied was a child; and

(b) had no reasonable grounds for believing that the person was a child.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 2008.

2 Notification

Notified under the Legislation Act on 2008.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au.

















































© Australian Capital Territory 2008

 


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