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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Controlled Substances (Offences Relating to Instructions)
Amendment Bill 2011
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
4Substitution of heading to Part 5
Division 2 Subdivision 4
5Insertion of section
33DA
33DASale of
instructions
6Insertion of section
33GB
33GBSale of
instructions to a child
7Amendment of section
33LA—Possession of prescribed equipment
8Insertion of
section 33LAB
33LABPossession or supply of
instructions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Controlled Substances (Offences Relating to
Instructions) Amendment Act 2011.
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—Substitution
of heading to Part 5 Division 2 Subdivision 4
Heading to Part 5 Division 2 Subdivision 4—delete the heading and
substitute:
Subdivision 4—Sale of equipment
etc
After section 33D insert:
33DA—Sale of instructions
A person who, without reasonable excuse (proof of which lies on the
person)—
(a) sells a document containing instructions for the manufacture of a
controlled drug or the cultivation of a controlled plant; or
(b) has possession of a document containing instructions for the
manufacture of a controlled drug or the cultivation of a controlled plant,
intending to sell it,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 3 years, or
both.
After section 33GA insert:
33GB—Sale of instructions to a
child
A person who, without reasonable excuse (proof of which lies on the
person)—
(a) sells to a child a document containing instructions for the
manufacture of a controlled drug or the cultivation of a controlled plant;
or
(b) has possession of a document containing instructions for the
manufacture of a controlled drug or the cultivation of a controlled plant,
intending to sell it to a child,
is guilty of an offence.
Maximum penalty: $20 000 or imprisonment for 3 years, or
both.
7—Amendment
of section 33LA—Possession of prescribed equipment
Section 33LA(2), definition of prescribed
equipment—delete the definition and substitute:
prescribed equipment means equipment of a kind prescribed by
regulation.
After section 33LA insert:
33LAB—Possession or supply of
instructions
A person who, without reasonable excuse (proof of which lies on the
person)—
(a) has possession of a document containing instructions for the
manufacture of a controlled drug or the cultivation of a controlled plant;
or
(b) supplies to another person a document containing instructions for the
manufacture of a controlled drug or the cultivation of a controlled
plant,
is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 2 years, or both.