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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Cannabis Offences) Amendment
Bill 2006
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 Substitution of section
33K
33K Cultivation of controlled plants
5 Amendment
of section 44—Matters to be considered when court fixes
penalty
6 Amendment of section 45A—Expiation of simple cannabis
offences
Part 3—Transitional provision
7 Transitional
provision
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Cannabis Offences)
Amendment Act 2006.
(1) Subject to subsection (2), this Act will come into operation on
assent.
(2) If this Act is assented to before section 17 of the Controlled
Substances (Serious Drug Offences) Amendment Act 2005 comes into operation,
this Act will come into operation immediately after that section comes into
operation.
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
Section 33K—delete section 33K and substitute:
33K—Cultivation of controlled
plants
A person who cultivates a controlled plant is guilty of an
offence.
Maximum penalty: $5 000 or imprisonment for 2 years, or
both.
5—Amendment of
section 44—Matters to be considered when court fixes
penalty
Section 44—after its present contents (now to be designated as
subsection (1)) insert:
(2) A court must not, in determining the penalty to be imposed on a person
convicted of an offence involving cultivation of cannabis plants, treat cannabis
plants, or the products of cannabis plants, as being less serious or less
harmful than other controlled plants or controlled drugs.
6—Amendment of
section 45A—Expiation of simple cannabis offences
(1) Section 45A(8), definition of artificially enhanced
cultivation—delete the definition
(2) Section 45A(8), definition of simple cannabis offence,
paragraph (a)—delete paragraph (a)
The amendments to the Controlled Substances Act 1984 made by
this Act do not apply in relation to an offence committed before the
commencement of this Act.