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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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