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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Simple Possession Offences)
Amendment Bill 2009
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 36—Referral for
assessment
5 Amendment of section 38—Undertakings
6 Insertion of
section 39A
39A Offence not to comply with referral and
undertaking in certain circumstances
7 Amendment of section
40—Prosecution of simple possession offences
8 Amendment of section
45A—Expiation of prescribed offences
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Simple Possession
Offences) Amendment Act 2009.
This Act will come into operation 2 months after the date of
assent.
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 36—Referral for assessment
Section 36(3)—delete subsection (3)
5—Amendment of
section 38—Undertakings
(1) Section 38(3)—delete "If" and substitute:
When
(2) Section 38(3)(b)—delete paragraph (b)
(3) Section 38(6)—delete subsection (6)
After section 39 insert:
39A—Offence not to comply with referral and
undertaking in certain circumstances
If a person expiates a simple possession offence, the person must not,
without reasonable excuse—
(a) hinder, or fail to cooperate with, an assessment service in carrying
out an assessment required under this Division; or
(b) refuse or fail to comply with a requirement under this Division
to—
(i) give written consent to the release of records; or
(ii) attend an assessment service in accordance with the referral notice;
or
(iii) comply with any other notice requiring the person to attend or to
submit to an examination; or
(c) if the person is then required to enter into an undertaking under this
Division—
(i) refuse or fail, within 7 days of being notified of the requirement (or
such longer period as may be allowed by the assessment service), to enter into
the undertaking; or
(ii) contravene or fail to comply with the terms of the undertaking, as
varied from time to time.
Maximum penalty: $2 000 or imprisonment for 2 years, or both.
7—Amendment of
section 40—Prosecution of simple possession offences
(1) Section 40(1)—delete subsection (1)
(2) Section 40—delete subsections (3) and (4) and
substitute:
(3) Evidence—
(a) of anything said or done by a person in the course of being assessed
or carrying out an undertaking under this Division; or
(b) if the referral of a person is terminated under this Division—of
the reasons for the termination,
is not admissible in any proceedings against the person for the alleged
offence.
8—Amendment of
section 45A—Expiation of prescribed offences
(1) Section 45A(1) and (2)—delete "simple cannabis offence" wherever
occurring and substitute in each case:
prescribed offence
(2) Section 45A(8)—before the definition of simple cannabis
offence insert:
prescribed offence means a simple cannabis offence or a
simple possession offence;