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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Miscellaneous) Amendment
Bill 2010
A BILL FOR
An Act to amend the Controlled Substances Act 1984.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Controlled Substances
Act 1984
4 Amendment of
section 4—Interpretation
5 Amendment of
section 32—Trafficking
6 Amendment of
section 53—Analysis
7 Amendment of
section 61—Evidentiary provisions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Miscellaneous)
Amendment Act 2010.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Controlled Substances
Act 1984
4—Amendment of
section 4—Interpretation
Section 4(1), definition of discrete dosage
unit—delete the definition and substitute:
discrete dosage unit, in relation to a controlled drug
contained in a mixture or a controlled precursor contained in a mixture, means
an amount of the mixture which is prepared or apparently prepared for the
purpose of being administered as a single dose;
5—Amendment of
section 32—Trafficking
(1) Section 32—after subsection (2) insert:
(2a) A person who, in a prescribed area, traffics in a controlled drug
(other than cannabis, cannabis resin or cannabis oil) is guilty of an
offence.
Maximum penalty: $75 000 or imprisonment for 15 years, or
both.
(2) Section 32(5)—after "subsection (1), (2)" insert:
, (2a)
(3) Section 32—after subsection (5) insert:
(6) In this section—
prescribed area means—
(a) prescribed licensed premises or an area being used in connection with
prescribed licensed premises; or
(b) premises at which members of the public are gathered for a public
entertainment or an area being used in connection with such premises;
Example—
Areas being used in connection with premises would
include—
(a) a car parking area specifically provided for the use of patrons of the
premises;
(b) an area in which people are queuing to enter the premises.
prescribed licensed premises means—
(a) premises in respect of which 1 of the following classes of
licence is in force under the Liquor Licensing Act 1997:
(i) a hotel licence;
(ii) a restaurant licence that includes an extended trading
authorisation;
(iii) an entertainment venue licence;
(iv) a club licence that includes an extended trading
authorisation;
(v) a special circumstances licence that includes an extended trading
authorisation;
(vi) a licence of a class prescribed by regulation;
(b) the premises defined in the casino licence, within the meaning of the
Casino Act 1997, as the premises to which the licence
relates;
(c) premises subject to a licence prescribed by regulation;
public entertainment means a dance, performance, exhibition
or event that is calculated to attract and entertain members of the public,
whether admission is open, procured by the payment of money or restricted to
members of a club or a class of persons with some other qualification or
characteristic.
6—Amendment of
section 53—Analysis
(1) Section 53—after subsection (1) insert:
(1a) An analysis under this section may include a determination as to the
weight, amount or quantity of any substance (and such determination must comply
with any requirements prescribed by regulation).
(2) Section 53(4)—delete "or a botanist"
7—Amendment of
section 61—Evidentiary provisions
(1) Section 61(2)(a)—after "analysed" insert:
or tending to identify the substance analysed as an analogue of another
substance for the purposes of this Act
(2) Section 61(2)—after paragraph (a) insert:
(ab) as to the weight, amount or quantity of the substance analysed;
and
(3) Section 61(2a)(a)—after "analysed" insert:
or tending to identify the substance analysed as an analogue of another
substance for the purposes of this Act
(4) Section 61(2a)—after paragraph (a) insert:
(ab) as to the weight, amount or quantity of the substance analysed;
and