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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Offences) Amendment
Bill 2013
A BILL FOR
An Act to amend the Controlled
Substances Act 1984.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Controlled
Substances Act 1984
4Amendment of section
4—Interpretation
5Insertion of section
12A
12AInterim controlled
drugs
6Amendment of section 33L—Possession or
consumption of controlled drug etc
7Insertion of Part 5 Division
4A
Division 4A—Offences relating to
controlled drug alternatives
33LCInterpretation
33LDIntentional manufacture of controlled drug
alternative
33LEPromoting controlled drug
alternative
33LFManufacturing, packaging, selling or supplying
substance promoted as controlled drug alternative
8Amendment of section 33S—No accessorial
liability for certain offences
9Insertion of section
33T
33TPower of court to
prohibit certain activities
10Amendment of section
63—Regulations
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Offences) Amendment
Act 2013.
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
(1) Section 4(1), definition of controlled
drug—after paragraph (b) insert:
or
(c) an interim controlled drug,
(2) Section 4(1)—after the definition of general drug
detection insert:
interim controlled drug means a substance declared to be an
interim controlled drug by a notice under section 12A;
After section 12 insert:
12A—Interim controlled drugs
(1) The
Attorney-General may, if he or she is of the opinion that a substance may be of
exceptional danger to humans, by notice in the Gazette, declare the substance to
be an interim controlled drug.
(2) A notice under
subsection (1)—
(a) operates for a period specified in the notice (being a period of not
more than 12 months); and
(b) may be varied or revoked at any time by the Attorney-General by
further notice in the Gazette; and
(c) may refer to a substance by its trade name or in any other
manner.
6—Amendment
of section 33L—Possession or consumption of controlled drug
etc
Section 33L(1)(a), (b) and (c)—after "other than" (wherever
occurring) insert:
an interim controlled drug,
7—Insertion
of Part 5 Division 4A
After section 33LB insert:
Division 4A—Offences relating to controlled drug
alternatives
33LC—Interpretation
(1) In this Division—
manufacture, in relation to a substance,
means—
(a) undertake any process by which the substance is extracted, produced or
refined; or
(b) take part in the process of manufacture of the substance.
(2) For the purposes of this Division, a person takes part in the process
of manufacture of a substance if the person directs, takes or participates in
any step, or causes any step to be taken, in the process of manufacture of the
substance.
(3) For the purposes of this Division, a step in the process of
manufacture of a substance includes, without limitation, any of the following
when done for the purpose of manufacture of the substance:
(a) acquiring equipment, substances or materials;
(b) storing equipment, substances or materials;
(c) carrying, transporting, loading or unloading equipment, substances or
materials;
(d) guarding or concealing equipment, substances or materials;
(e) providing or arranging finance (including finance for the acquisition
of equipment, substances or materials);
(f) providing or allowing the use of premises or jointly occupying
premises.
(4) A court may be satisfied that a person has committed an offence
against this Division in relation to a substance despite any usage instruction
concerning the substance (given in any manner, way, medium or form) that
indicates that it is not a controlled drug or a legal alternative to a
controlled drug or that it is not intended for human consumption.
33LD—Intentional manufacture of controlled drug
alternative
A person who manufactures a substance intending that the
substance—
(a) will have pharmacological effects similar to those of a controlled
drug; or
(b) will be a legal alternative to a controlled drug,
is guilty of an offence.
Maximum penalty: $15 000 or imprisonment for 4 years, or
both.
33LE—Promoting controlled drug
alternative
(1) A person who
promotes a substance—
(a) as having pharmacological effects similar to those of a controlled
drug; or
(b) as being a legal alternative to a controlled drug; or
(c) in a way that is intended, or likely, to cause a person to believe
that the substance—
(i) is a controlled drug; or
(ii) has pharmacological effects similar to those of a controlled drug;
or
(iii) is a legal alternative to a controlled drug,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years, or
both.
(2) In proceedings for an offence against
subsection (1),
the prosecution need not prove that the defendant promoted the
substance—
(a) as having pharmacological effects similar to those of a particular
controlled drug; or
(b) as being a legal alternative to a particular controlled drug;
or
(c) in a way that is intended, or likely, to cause a person to believe
that the substance—
(i) is a particular controlled drug; or
(ii) has pharmacological effects similar to those of a particular
controlled drug; or
(iii) is a legal alternative to a particular controlled drug.
(3) For the purposes of
subsection (1),
a person promotes a substance if the person takes any action that
is designed to publicise or promote the substance, whether visual or auditory
means are employed and whether the substance is directly depicted or referred to
or symbolism of some kind is employed, and includes taking any other action of a
kind prescribed by regulation for the purposes of this subsection.
33LF—Manufacturing, packaging, selling or supplying
substance promoted as controlled drug alternative
(1) If a police
officer reasonably suspects that a person intends to manufacture, package, sell
or supply a substance that is being, or is to be, promoted in a manner
prohibited under
section 33LE, the officer
may give the person a notice (containing any particulars prescribed by the
regulations) warning the person that if he or she manufactures, packages, sells
or supplies the substance he or she will be guilty of an offence.
(2) A notice given
to a person under
subsection (1)
may be revoked at any time by further notice given to the person by a police
officer (and must be so revoked if a police officer is satisfied that the
substance to which the notices relates is not being, and is not to be, promoted
in a manner prohibited under
section 33LE).
(3) A person who
has been given a notice under
subsection (1)
and who subsequently manufactures, sells or supplies the substance specified in
the notice is guilty of an offence.
Maximum penalty: $15 000 or imprisonment for 4 years, or
both.
(4) A notice to be given to a person under this section—
(a) in the case of a notice under
subsection (1)—must
be served on the person personally; or
(b) in the case of a notice under
subsection (2)—may
be served personally or by post.
8—Amendment
of section 33S—No accessorial liability for certain
offences
Section 33S(a)—delete "or 33B" and substitute:
, 33B or 33LD
After section 33S insert:
33T—Power of court to prohibit certain
activities
(1) A court may, on
the application of a police officer, make an order under this section in
relation to a person if satisfied that—
(a) the person has been convicted of 1 or more offences against this
Part committed in the course of carrying on a business; and
(b) the making of the order is reasonably necessary to ensure that the
person does not engage in further conduct constituting an offence against this
Part.
(2) An order under this section may prohibit a person
from—
(a) engaging in specified conduct; or
(b) carrying on a specified business or a specified kind of
business,
at specified premises or in specified circumstances.
(3) A court making an order under this section may make any ancillary
orders that the court considers appropriate.
(4) A court may, by
subsequent order, vary or revoke an order made by the court under this
section.
10—Amendment
of section 63—Regulations
Section 63(4)(h)—delete "poison, controlled precursor, medicine or
medical device" and substitute:
substance or device